REVOCABLE ENCROACHMENT LICENSE AGREEMENT NO. 442
This Revocable Encroachment License Agreement (License) is entered into on June 17, 2025, (Effective Date), between the City of Vernon, a California charter City and California municipal corporation, as Licensor (City) and Vernon Environmental Response Corporation, not individually but in its capacity as Trustee of the Exide Vernon Environmental Response Trust, a California Corporation, (Licensee) (Party or Parties).
NOW THEREFORE, the Parties do hereby agree to the following terms and conditions:
1.0 Grant of License.
1.1 Subject to the right of City to revoke this License as set forth herein, City hereby grants to Licensee and its employees, contractors, subcontractors, agents, representatives and assigns a License to encroach upon City’s public rights-of-way or property (City Property) for the purpose of the construction, maintenance, sample collection, and repair (Work) of two (2) vapor probes (DVP-9 & DVP-10) (Monitoring Wells) along Indiana Street as described and shown in Exhibit “A,” attached to and incorporated into this License by reference. Licensee hereby certifies that the descriptions and drawings in Exhibit “A” are true, complete and accurate. This License is granted subject to the terms and conditions set forth in Chapter 12.08 of the City of Vernon Municipal Code (VMC), and the acceptance hereof shall evidence Licensee’s agreement to all terms and conditions of the VMC and the additional conditions contained herein.
1.2 The grant of this License shall be further conditioned as set forth in Exhibit “B,” Special Application Requirements and Conditions of Approval – Monitoring Wells, attached to and incorporated into this License by reference.
1.3 Licensee shall not commence any Work under this License until Licensee has first obtained a permit to do so. Permit applications must be submitted in accordance with the provisions of VMC, Section 12.08.010 et seq., and the City’s policies, procedures, and rules.
1.4 Licensee is hereby given notice of existing state law, Sec. 4215 et seq., Chapter 3.1, Division 5, Title 1 of the Government Code, as amended by A.B. 73, effective January 1, 1990, which requires owners of underground facilities to join a regional notification center, e.g. USA which requires contractors to contact such a regional notification center prior to excavation; requires facility owners to mark their underground facilities when notified; and sets civil penalties for failure to comply therewith. Prior to construction, Licensee shall contact DigAlert to verify the location of existing underground facilities.
1.5 This License is valid only for the purposes specified herein.
2.0 Term. The term of this License shall be for a period of five (5) years from the Effective Date unless sooner terminated as provided in this License.
3.0 Fees.
Vernon Environmental Response Corporation
Revocable Encroachment License Agreement No. 442
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3.1 Licensee shall pay to City a one-time issuance fee of Five Thousand Dollars ($5,000.00) for each monitoring well, prior to the issuance of the License (Issuance Fee).
3.2 Licensee shall also pay to City an annual renewal fee of Six Hundred and Forty-Two Dollars ($642.00) (Annual Renewal Fee) for each monitoring well payable each year during the term of the License on or before the anniversary of the Effective Date.
The Annual Renewal Fee shall be increased annually to account for inflation based on the Consumer Price Index for All Urban Consumers (CPI-U) for the Los Angeles-Long Beach-Anaheim Metropolitan Area, published by the Bureau of Labor Statistics, U.S.
Department of Labor. If, for any reason, the CPI-U is not published or is not available, a similar index may be substituted at the City Administrator’s discretion. The increased fee shall be rounded to the nearest one dollar. Said CPI-U increase shall begin on the first anniversary of the Effective Date of this License provided, however, that notwithstanding any CPI-U, there shall be no reduction in fees by operation of this provision.
4.0 No Interests in City Property.
4.1 No Right, Title or Interest. The permission granted hereunder shall not in any event constitute an easement on nor an encumbrance against the City Property. No right, title or interest in the public right-of-way, or any part thereof, shall vest or accrue in Licensee by reason of this License or the issuance of an excavation permit, encroachment permit or exercise of any privilege given thereby.
4.2 Possessory Interest. The Parties agree that no possessory interest is created by this License. However, to the extent that a possessory interest is deemed created by a governmental entity with taxation authority, Licensee acknowledges that City has given to Licensee notice pursuant to California Revenue and Taxation Code Section 107.6 that the use or occupancy of any public property pursuant to this License may create a possessory interest which may be subject to the payment of property taxes levied upon such interest. Licensee shall be solely liable for, and shall pay and discharge prior to delinquency, any and all possessory interest taxes or other taxes levied against Licensee’s right to possession, occupancy, or use of any public property pursuant to any right of possession, occupancy, or use created by this License.
5.0 Compliance with all Laws. Licensee shall comply with all applicable federal, state and local laws at all times including but not limited to those issued by City. No repair or construction shall be performed except in accordance with the provisions of the VMC pertaining to encroachments to the extent they are not in conflict with any paramount authority of the State or Federal Government.
6.0 Work Standards; Repairs.
6.1 The Work shall be done in a good and skillful manner, subject to the supervision and satisfaction of City. Licensee’s Work shall comply with all standards Vernon Environmental Response Corporation
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imposed by City and be conducted with the least possible hindrance or interference to the City Property.
6.2 Licensee shall promptly repair and restore the City Property as directed by City, at Licensee’s sole cost and expense, any damage to the City Property caused by the Work, including but not limited to subsidence, cracking, erosion, collapse, weakening, or loss of lateral support resulting from excavation, shoring or underpinning.
7.0 Abandonment.
7.1 At City’s request, Licensee shall at its sole expense, properly abandon, without cost or expense to City, any or all of the Facilities, if and when such Facilities may be deemed by City to be detrimental to the public health, safety, or welfare; is/are in conflict vertically and/or horizontally with any proposed City installation; interfere(s) with any City construction project; or made necessary by any abandonment, change of grade, alignment or width of any street, sidewalk or other public facility, including the construction, maintenance, or operation of any other City underground or aboveground facilities including but not limited to any sewer, storm drain, conduits, gas, water, electric or other utility system, or pipes owned by City or any other public agency, provided, however, that Licensee shall not be required to bear the expense of an abandonment requested under this Section 7.1 on behalf of, or for the benefit of, any third party unaffiliated with Licensee.
7.2 If Licensee is required to abandon one or more Facilities pursuant to Section
7.1, City shall cooperate with Licensee to determine a mutually acceptable location on City Property where Licensee may relocate said Facilities. In the event Licensee relocates the Facilities to a new location as set forth in this Section 7.2, the terms of this License will apply to the Work at the relocated Facilities unless the Parties agree otherwise.
7.3 If Licensee is required to abandon one or more Facilities pursuant to Section
7.1, the abandonment shall be completed within sixty (60) days of a written request by City unless exigencies dictate a shorter period for abandonment and/or relocation, and such shorter period is stated in the written request. Such shorter time period shall be no less than fifteen (15) days. If Licensee has not complied with such written request for abandonment within said sixty (60) days or other longer time limit as provided by City, then City may cause the abandoning work to be done at Licensee’s own cost and expense.
7.4 In the event Licensee abandons one or more Facilities, it shall be abandoned consistent with all requirements of the VMC as it may be amended from time to time. Currently the VMC requirements for abandoning an encroachment are listed in VMC, Section 12.08.460 – Relocation or abandonment of encroachment. In addition to meeting the requirements of the VMC then existing, Licensee shall also comply with any requirements specific to any Facilities to be abandoned, as directed by the Director of Public Works.
Vernon Environmental Response Corporation
Revocable Encroachment License Agreement No. 442
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7.5 In the event of an emergency, City may abandon Facilities at Licensee’s own cost and expense without prior notice to Licensee, provided City makes an effort to notify Licensee first, and City notifies Licensee within a reasonable period thereafter.
7.6 In the event Licensee fails to perform any of its obligations under this License within a reasonable period after delivery of written notice of such failure and City performs any work including, but not limited to, repairing or maintaining the street improvements, City shall only be obligated to perform such work in a manner consistent with the standard practices of City in performing street work and construction. City shall not be obligated to repair or replace any materials or improvements in a form or manner consistent with Exhibit “A,” or any plans and specifications, and City shall not be responsible for any damages to Licensee as a result of City performing such work, including, but not limited to, severance damages.
8.0 Termination, Abandonment, Default.
8.1 Either Party may terminate this License at any time by thirty (30) days written notice of said termination to the other Party.
8.2 In the event that Licensee fails to utilize the City Property under this License for a consecutive period of six months from the date of this License, regardless of whether Facilities have been installed, City may notify Licensee in writing of its intent to terminate the License due to abandonment. If Licensee does not respond to said notice within thirty (30) days, City shall have the right, at its sole discretion, to declare this License terminated by abandonment.
8.3 In the event Licensee defaults, or fails to keep, fulfill or perform any of the terms or conditions of this License and fails to remedy such default within a reasonable period after delivery of written notice from City of such default or failure, City may declare this License terminated. Upon such a declaration of termination and failure to remedy such default, this License shall be cancelled, and all of the rights and privileges of Licensee under this License shall be surrendered.
8.4 Upon termination for any reason, City may require Licensee to abandon Licensee’s Facilities and restore the City Property according to the requirements of Licensee’s permit and the VMC, or if City so elects, Licensee shall abandon the Monitoring Wells to the ownership of City without the payment of any compensation. Any abandonment conducted by Licensee under this Section 8.4 shall be completed within sixty (60) days of the effective termination date of this License. Should Licensee neglect to restore the City Property in accordance with this Section 8.4, City may perform such work or have such work performed, and Licensee shall reimburse City for all costs of the work so performed upon receipt of a statement therefor.
9.0 Performance Bond.
Vernon Environmental Response Corporation
Revocable Encroachment License Agreement No. 442
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9.1 The grant of this License is effective only upon further consideration that Licensee shall file with and shall thereafter at all times during the remaining term of the Licenses keep on file with the City a faithful performance bond payable to the City in the sum of Five Thousand Dollars ($5,000.00), with a good and sufficient corporate surety approved by the City, and upon conditions that Licensee shall well and truly observe, fulfill, and perform each term and condition of this License and that in case of any breach of conditions of this License, the whole amount of the penal sum therein named shall be deemed to be liquidated damages, and shall be recoverable from the principal and sureties upon the bond. The amount of said bond may be subject to an increase in accordance with the CPI-U cited in Section 3.2 herein, and Licensee shall provide the revised bond amount within 60 days of receipt of notice from the City that it shall do so.
Notwithstanding the foregoing, if City does not notify Licensee of its duty to provide an increased bond within any particular five-year period, and within 90 days of the end of the five-year period the City did not expressly waive in writing the duty to provide an increased bond, Licensee shall provide City with bond(s) for the full amount after increases.
9.2 Such bond shall be accompanied by a power of attorney from the surety company authorizing the person executing the bond to sign on behalf of the company. If the bond is executed outside the State of California, all copies of the bonds must be countersigned by a California representative of the surety. The signature of the person executing the bond shall be acknowledged by a Notary Public as the signature of the person designated in the power of attorney.
9.3 The surety on the bond furnished must be satisfactory to the City and must:
(i) be an admitted surety insurer under the laws of the State of California; (ii) hold a certificate of Authority from the U.S. Secretary of the Treasury under 31 U.S.C. as an acceptable surety on federal bonds; (iii) be listed in the latest edition of U.S. Department of Treasury Circular 570; and (iv) issue the bond within the surety’s bonding limitations as set forth in Circular 570. Exception: A bond from a California admitted surety that is not listed in Treasury Circular 570 may be accepted by City provided said bond is accompanied by all of the documents enumerated in California Code of Civil Procedure Section 995.660(a), as it may be amended from time to time.
10.0 Indemnification.
10.1 Licensee shall defend, indemnify and hold City, its officers, agents, employees, and representatives harmless from all suits and causes of action, claims, charges, damages, demands, judgments, civil fines, costs and expenses including reasonable attorneys’ fees, and penalties or losses of any kind or nature whatsoever, arising out of this License.
10.2 This indemnification shall include without limitation: (1) claims for injury to or death of any person; (2) property damage; (3) performance or failure to perform the obligations in this License by Licensee, or its contractors, subcontractors, agents, employees, or other persons acting on Licensee’s behalf; (4) the design, placement, maintenance, repair, or condition of any Licensee Facilities; (5) all claims, demands, Vernon Environmental Response Corporation
Revocable Encroachment License Agreement No. 442
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damage, causes of action, proceedings, loss, liability, costs and expenses (including reasonable attorney fees) of any kind alleging injury to or death of persons or damage to public or private property including environmental damage that arises from or is directly attributable to, any Licensee Facilities or any release of hazardous materials or contaminants from any Licensee Facilities during operations and/or after abandonment; and (6) all other claims of any nature whatsoever which may arise directly or indirectly from the Work, except and to the extent caused by City’s active negligence, willful misconduct or criminal acts.
10.3 In the event that City or any of its officers, agents, employees or representatives shall be made a party to any action due to Licensee’s violation of this License or any federal, state or local laws including but not limited to Section 5 of this License, Licensee shall indemnify, defend and hold City harmless from any and all such claims.
10.4 The provisions of this Section 10 shall apply regardless of whether City prepared, supplied, or approved plans or specifications or inspected any of the Work or improvements installed and constructed pursuant to this License.
11.0 Hazardous Materials. At all times during the term of this License and thereafter, Licensee shall be absolutely liable without regard to fault (unless one or more third parties have already made City whole) for any damages, including but not limited to remediation and cleanup costs, caused by any release of hazardous materials or contaminants from Licensee’s Facilities that may have occurred during Licensee’s operations and/or after abandonment. To the greatest extent of the law, Licensee shall defend, indemnify, and hold harmless City, its officers, agents, and employees from and against all claims, demands, damage, causes of action, proceedings, loss, liability, costs and expenses (including reasonable attorney fees) of any kind alleging injury to or death of persons or damage to public or private property including environmental damage claims, and that such injury, death or damage arises from, is directly attributable to, or caused by the Licensee’s Facilities during operations and/or after abandonment.
12.0 Limits of City Liability.
12.1 In no event shall City be liable under any theory to Licensee for any damage to any of Licensee’s Facilities caused by any excavation or work performed by any other persons or by City at or near the location of such Facilities except and to the extent caused by City’s active negligence, willful misconduct or criminal acts. City shall not be liable, under any theory, to Licensee for any indirect, special punitive or consequential damages including, but not limited to, any claim for loss of services.
12.2 Nothing in this License shall be deemed to make City or any officer or employee of City responsible or liable to Licensee or any other person by reason of City’s approval of plans for the Work or by reason of any inspections of the Facilities conducted by City, except and to the extent caused by City’s active negligence, willful misconduct or criminal acts.
Vernon Environmental Response Corporation
Revocable Encroachment License Agreement No. 442
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13.0 Insurance.
13.1 Licensee shall assume all responsibility for damages to property or injuries to persons, including accidental death, which may arise from or be caused by Licensee’s performance under this License, or by anyone Licensee has directly or indirectly employed, and whether such damage or injury shall accrue or be discovered before or after termination of this License.
13.2 Prior to the issuance of this License, Licensee shall be required to secure and keep in full force and effect at all times during the term of this License, a policy or policies of commercial general liability and automobile liability insurance written by a company or companies authorized to do business within the state of California and approved by City. Said policies shall name the City of Vernon, its officers, agents, and employees as additional insureds, under the policies in the following amounts which may be adjusted from time to time to reflect changes of circumstances and the rate of inflation:
(a) Commercial General Liability Insurance. Licensee shall carry General Liability Insurance covering all operations performed by or on behalf of the Licensee providing coverage for bodily and property damage with a single limit of no less than One Million Dollars ($1,000,000) per occurrence and Two Million Dollars ($2,000,000) general aggregate limit written on an Insurance Services Office (ISO) Comprehensive General Liability “occurrence” Form CG 00 01 or its equivalent for coverage on an occurrence basis; and
(b) Automobile Liability Insurance. Primary insurance coverage shall be written on ISO Business Auto coverage form for all owned, hired, and non-owned automobiles or any auto. The policy shall have a combined single limit of at least Two Million Dollars ($2,000,000) per occurrence for personal injuries, including accidental death, to any one person; and for property damage.
13.3 If Licensee maintains broader coverage and/or higher limits than the minimums shown above, City requires and shall be entitled to the broader coverage and/or higher limits maintained by the Licensee. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.
13.4 All policies shall contain a “Severability of Interest” clause and a “Primary Non-Contributory Coverage” clause for any loss arising from or caused in whole by Licensee’s performance under this License. In addition, all policies shall contain a statement of obligation on the carrier's part to notify City at least thirty (30) days in advance of any policy cancellation, termination, or reduction in the amount of coverage.
13.5 Prior to the issuance of this License and on an annual basis, Licensee shall furnish City with a “certificate of insurance” and an “additional insured endorsement,” both documents countersigned by the insurance carrier or its authorized representative, on Vernon Environmental Response Corporation
Revocable Encroachment License Agreement No. 442
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forms satisfactory to the Department of Risk Management, which set forth the above provisions. The countersigned certificate, along with the additional insured endorsement, shall state: The City of Vernon, its officers, agents, and employees are named as additional insureds under this policy. This insurance is primary to the coverage of the City. Neither the City nor any of its insurers shall be required to contribute to any loss.
This policy contains a severability of interest clause. The issuing company shall mail to the City a thirty (30) days advance notice of any policy cancellation, termination, or reduction in the amount of coverage.”
LICENSEE SHALL FURNISH THE REQUIRED CERTIFICATE(S) OF INSURANCE AND ENDORSEMENT(S) BEFORE CITY ISSUES THIS LICENSE.
13.6 Licensee shall secure and maintain at all times during the term of this License workers’ compensation insurance with statutory limits and employer’s liability insurance, as required by state law, but at least in an amount not less than One Million Dollars ($1,000,000) per accident. Licensee shall furnish the City with a certificate showing proof of coverage.
13.7 In the event Licensee employs contractors or subcontractors as part of the work covered by this License, it shall be the responsibility of Licensee to ensure that all contractors or subcontractors comply with substantially similar insurance requirements that are stated in this License; provided, however, that under no circumstance shall any contractor or subcontractor have insurance policies with limits less that those required of Licensee under Section 13.2(a), 13.2(b) and 13.6.
14.0 General Conditions.
14.1 Any right or power conferred, or duty imposed upon any officer, employee, department or board of City, shall be subject to transfer by operation of law to any other officer, employee, department or board of City.
14.2 This License is non-exclusive. The granting of this License or any of the terms or conditions contained herein shall not be construed to prevent City from granting over the route herein specified or elsewhere any identical, similar or other type of license or franchise to any person, firm or corporation other than Licensee.
14.3 Time is declared to be of the essence in implementing and enforcing the terms of this License.
14.4 This License is not intended for any third party's benefit and cannot be enforced by any third party.
14.5 The Parties understand and agree that execution and performance of this License does not constitute, and shall not be construed as, an admission of liability, fault, or responsibility of any Party.
Vernon Environmental Response Corporation
Revocable Encroachment License Agreement No. 442
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14.6 If any action at law or in equity is brought to enforce or interpret the provisions of this License, the prevailing Party shall be entitled to reasonable attorney’s fees in addition to any other relief to which he, she or it may be entitled.
14.7 The validity of this License and of any of its terms or provisions, as well as the rights and duties of the Parties hereunder, shall be governed by the laws of the State of California, without regard to such state’s conflict of laws rules.
14.8 No provision herein made for the purpose of securing performance of the terms and conditions of this License shall be deemed an exclusive remedy, or to afford the exclusive procedure for the enforcement of this License’s terms and conditions, but the remedies and procedures herein provided, in addition to those provided by law, shall be deemed to be cumulative.
14.9 This License is not transferable. Licensee shall not sell, transfer, assign or lease this License, or any part hereof, or any of the rights or privileges granted hereby.
Licensee may not assign its duties hereunder, and may not assign its rights hereunder to any person or firm.
14.10 A waiver by City of any breach of any term covenant, or condition contained in this License shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant, or condition contained in this License whether of the same or different character.
14.11 All notices herein must be in writing and, unless otherwise provided herein, shall be deemed validly given on the date either personally delivered to the address indicated below; or on the third (3rd) business day following deposit, postage prepaid, using certified mail, return receipt requested, in any U.S. Postal mailbox or at any U.S.
Post Office; or when sent via email to a Party at the email address set forth below. Should City or Licensee have a change of address, the other Party shall immediately be notified in writing of such change, provided, however, that each address for notice must include a street address and not merely a post office box. All notices, demands or requests between the Parties shall be given to the other Party addressed as follows:
City: Licensee:
City of Vernon Vernon Environmental Response Corporation Attention: Public Works Department One World Trade Center, 8th Floor 4305 Santa Fe Avenue Long Beach, CA 90831
Vernon, CA 90058-1714
Email: [email protected] Email: [email protected] [Signatures Begin on Next Page].
Vernon Environmental Response Corporation
Revocable Encroachment License Agreement No. 442
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EXHIBIT A
Description and Map of Work
FACILITY
1 Project No.: CM2116810G 0 1,000 2,000
Approximate Scale in Feet Figure
By: MWW Date: 1/7/2025
Date: 1/7/2025 Printed by: USMW719917Path: Y:\CM2116810E_(Exide Battery)\esri\Data_Gap-2024\01_Site_Location_Map.mxd "
FACILITY
LOCATION
FACILITY LOCATION MAP
Former Exide Facility
2717 South Indiana Street
Vernon, California
Basemap modified from Street Map provided by Esri, HERE, DeLorme, USGS, Intermap, increment P Corp.,
© OpenStreetMap contributors, and the GIS User Community.
West Yard
South Yard
North Yard
South Indiana Street
E 26th Street
Bandini Boulevard
0 75 150
Approximate Scale in Feet
FACILITY VICINITY AND PLAN MAP
Former Exide Facility
2717 South Indiana Street
Vernon, California
2 Project No.:CM2116810G
Figure
By: MWW Date: 12/2/2024
Date: 12/2/2024 Printed by: USMW719917Path: Y:\CM2116810E_(Exide Battery)\esri\Data_Gap-2024\02_Site-Vicinity-Map.mxd Basemap modfied from aerial photo provided by National
Agricutural Imagery Program, dated 2022.
Explanation
Segment area
Facility boundary
Vernon Plant (former manufacturing area) boundary
Exide Administration
Building
Former Finished
Lead Storage Building
Open Flood Control Channel
West Yard
Truck Wash (87)
Former Mobile Equipment
Wash Station (35)
BNSF Railyard
Railroad Right-of-Way (ROW)
Former
Engineering Building
Operating
WWTP
Former West Container
Storage Building #1 (2)
Former Desulfurization
Area/Mud Tank Building
Former Oxidation
Tank Building
Notes
1. Select former and existing facility buildings
and operations are called out in their
general locations along with their
associated Interim Status (IS) Unit number
in brackets, where applicable.
2. WWTP = Wastewater Treatment Plant.
3. RMPS = Raw Materials Processing System.
Los Angeles River
Former West Container
Storage Building #2 (3)
Revolution Company
Former BESS Buiding
Former North Yard
Scale House
Former Scale
Former Blue Lead
Warehouse Building
BNSF
Facility
Former
Scale
Former
West Yard
Scale House
Former Garage
(Mobile Maintenance Building)
Former Employee Facilities
Former Warehouse
Building
Baker Commodities (East) -
Former Honeywell
Baker Commodities (South)
Former Rendering Plant
Former Machine
Shop Building
Former Maintenance
Storage Building Rehrig Pacific
Company
Former
Cooling Tower
Former RMPS
Building
Former Smelter
Building
Former Blast
Furnace Feed
Room (34)
Former Furnace
Reverb Feed
Room (33)
Former
Baghouse
Building
Central
Container Storage
Building (1)
Drop-Out
System Area
Former Trailer
Staging
Area (103)
Surface
Impoundment (78)
Segment 3
Segment 1
Segment 2
Baker Commodities (South)
Former Water
Softening Building
Former Motor
Control Center
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West Yard
South Yard
North Yard
CB1W01
CB1W04
BA+0+44
CB1S02 CB1E04
CB103N03
ED+0+27
IND.ST
SI-4
TB-66I
TB-68I
TB-118S
TB-132S
VP-03
MW-26D MW-26
RFI-SB-06
RFI-SV-08
RFI-SV-09
CPT-02A
CPT-13
CB-5
MW-14
DVP-13
DGSY-TSA-01
DGSY-CPT-02
DGSY-CCSB-02
DGSY-WH-04
DGSY-WH-05
DGSY-WH-01
DGSY-WH-03
DGSY-WH-02
DGSY-CCSB-01
DG-BB-05
DGSY-SW-02
DGSY-SW-03
DGSY-EF-01
DGSY-EF-02
DGSY-EB-02
DGSY-EB-01
DGSY-EF-03
DGSY-EF-04
DGSY-EF-05
DGSY-CT-01
DG-AB-01
DG-AB-02
DG-AB-03
DG-AB-04
DG-AB-05
DG-AB-06
DVP-07
DVP-10
DVP-09
SVP-07
DVP-08
SVP-08
DVP-11
SVP-09
DVP-12
0 37.5 75
Approximate Scale in Feet
PROPOSED SAMPLING LOCATIONS
SOUTH YARD AND
ADMINISTRATION BUILDING PROPERTY
Former Exide Facility
2717 South Indiana Street
Vernon, California
4 Project No.:CM2116810G
Figure
By: MWW Date: 2/14/2025
Date: 2/14/2025 Printed by: USMW719917Path: Y:\CM2116810E_(Exide Battery)\esri\Data_Gap-2024\10_SY_Prop_Locs.mxd Basemap modfied from survey drawings provided by DTSC,
2024 Phase 1 Closure Survey (Cal Vada 4/16/2024), and SVE Pilot Test Survey (6/13/2024).
Explanation
!( Soil boring (proposed)
!< Soil boring and vapor probe (proposed)
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Area of Concern (AOC)
Solid Waste Management Unit (SWMU)
Yard specific define area
Soil Vapor Extraction (SVE) Pilot Test Area
Solid Waste Mangement Unit (SWMU) 11
Process units
Sump
Facility boundary
Vernon Plant (former manufacturing area) boundary
Existing on or off-site building or facility feature
Former building or facility feature
Railroad
Stormwater inlet
South Indiana Street
Former West Container
Storage Building #2 (3)
Former West Container
Storage Building #1 (2)
Former Warehouse
Building
Drop-Out
System Area
Former Engineering Building
Bandini Boulevard
Open Flood Control Channel
Rialroad Right of Way (ROW)
Administration Building
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Cooling Tower
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Softening Building
Inlet E
Inlet D
Inlet D1
Central Container
Storage Building (1)
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Vernon Environmental Response Corporation
Revocable Encroachment License Agreement No. 442
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EXHIBIT B
Special Application Requirements and
Conditions of Approval
1 Special Application Requirements and
Conditions of Approval — Monitoring Wells
A fully executed License is required before commencing any monitoring well activity including but not limited to: drilling, digging, excavating, boring, or deepening a monitoring well for any purposes including but not limited to groundwater sampling, vapor extraction, water level monitoring, general maintenance, new well installation, modification, abandonment or destruction. An annual monitoring well encroachment permit must be issued for ongoing monitoring well operations, maintenance, and repairs.
Application Requirements.
Applicant shall provide the following with its application for a Revocable Encroachment License:
(1) A letter from the lead government agency that is overseeing the monitoring well project.
The letter shall state: (a) the purpose for the monitoring well activities proposed, (b) the activities are required by the agency, and (c) the monitoring well activities within the public right-of-way are required. Examples of such lead government agencies include, but are not limited to, the Regional Water Quality Control Board (RWQCB), State Department of Toxic Substances Control (DTSC), and the United States Environmental Protection Agency (EPA). (2) The lead government agency’s case number or project identification number for the monitoring well project.
(3) Full contact information of the lead government agency’s project manager which shall include but not be limited to said project manager’s full name, address, phone number, fax number, and email address.
(4) Total well depth(s) and diameter(s).
(5) The average depth of the water table below ground surface. (6) Site map detailing all well and boring locations for the entire project. (7) Traffic control plan, if required by City.
(8) Applicable technical reports describing the monitoring project, including the purpose, the work to be done using the well, and how long the well will remain in place. (9) A vertical shaft design specification. If the vertical shaft is temporary, also provide well destruction procedure or backfill procedure.
(10) Any other permits and documents issued by other governmental agencies applicable to the monitoring project.
2 Conditions of Approval
(1) Written notification shall be provided to property owners within 300 feet of proposed well, indicating the nature of the activity to be conducted at the proposed well site. A copy of said notification shall be submitted to City prior to obtaining a permit for construction of the well(s).
(2) Licensee shall notify City’s inspection unit at least 24 hours prior to excavation and again 24 hours prior to installation of final A.C. hot patch, if required. Any work undertaken without benefit of inspection will be subject to removal and reinstallation at Licensee’s expense. (3) All monitoring wells shall have a durable identification tag secured onto the well cap and interior of the well to provide at a minimum the following:
a. Name and phone number of firm maintaining the well(s). b. Designation of well(s).
c. Date of installation of well(s).
d. Ownership of well(s).
e. Emergency contact information.
(4) Licensee shall ensure that the monitoring well(s) has the proper sanitary seal and lid. (5) Licensee shall provide a minimum of five (5) feet horizontal clearance from any water or sanitary sewer lines.
(6) The installation or destruction of the monitoring well shall be done by a licensed well contractor.
(7) For long-term monitoring wells, an Annual Encroachment Permit will be required. The Annual Permit is renewable at the anniversary of the permit. Permit renewal must be filed before the current permit is expired. The reason for the renewal should be stated in the permit application.
(8) Upon termination or at the end of the well monitoring period, Licensee shall properly destroy or seal all monitoring wells and fully restore the City Property in accordance with City specifications. Prior to destruction of a well(s), a City permit shall be obtained, ensuring that street repair shall be in accordance with City standards. (9) Licensee shall submit the final report of the monitoring program to the City Water Department.