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RATIFICATION OF EXPENDITURES FOR EMERGENCY CLEAN-UP OF HAZARDOUS MATERIAL DISCHARGE AT CHERBOURG/MOSHER PUMP STATION
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RECOMMENDATION
It is recommended that the City Council approve a motion ratifying the expenditure of $112,667.57 to Patriot Environmental Services, for emergency clean-up of a hazardous material discharge to the Cherbourg/Mosher Stormwater Pump Station.
It is further recommended that the City Manager be authorized to take appropriate and necessary actions to carry out the purpose and intent of this motion.
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Summary
In 2011, Council approved Resolution 11-0108, the Municipal Utility Department’s Sanitary Sewer Management Plan (SSMP), which includes the Sanitary Sewer Overflow Emergency Response Plan (SSOERP). The SSOERP identifies the actions to be taken in response to illicit discharges to the sewer or stormwater systems. Both the SSMP and the SSOERP comply with the requirements of State law for immediate response and remediation of hazardous material spills.
On May 29, 2018, an illicit discharge of hazardous material entered the storm system and migrated to the Cherbourg/Mosher Stormwater Pump Station. The material was isolated at the pump station and did not discharge into Mosher Slough. Patriot Environmental was contracted to assist with the clean-up and remediation. The clean-up and remediation was completed on August 21, 2018, and the cost of services provided by Patriot Environmental was $112,661.57.
DISCUSSION
Background
The MUD’s Environmental Control (EC) Division is tasked with managing clean-up of illicit discharges and hazardous material spills that impact the waterways surrounding Stockton. The California Health and Safety Code requires immediate response to hazardous material spills. In 2011, Council approved (Resolution 11-0108) the Sanitary Sewer Management Plan (SSMP), including the Sanitary Sewer Overflow Emergency Response Plan (SSOERP). The SSOERP outlines the actions to be taken by the City in response to illicit discharges to the sewer or stormwater systems. The SSOERP and SSMP meet the State’s requirements for immediate response. The EC Division maintains a list of local companies qualified and licensed to handle hazardous materials. Response to illicit discharges are rotated through these companies based on their ability to respond and whether the appropriate insurance is on file.
On May 29, 2018, the EC Division received notice of an illicit discharge of more than 100 gallons of oily material into the City’s storm drain system. MUD crews and EC officers responded immediately to identify the point of entry, isolate the contaminated material to prevent discharge into Mosher Slough, and commence clean-up activities. Patriot Environmental Services was the next available company on the response list, holds the appropriate licenses for hazardous material clean-up, and was contacted to provide pipeline flushing and cleaning, pump station clean-up, laboratory material testing, and disposal of oil-contaminated debris.
This was a very large clean-up and atypical of most illicit discharges. In fact, over a mile of storm drain pipe, ranging in diameter from 38” to 54”, was hydro-jetted with more than 28,000 gallons of flushing water. Additionally, a confined space entry was coordinated at an abandoned wet well where approximately 1.5 tons of contaminated debris was removed. Under the State’s Department of Toxic Substance Control (DTSC) regulations, all of the debris and flushing water associated with this clean-up was removed and disposed of according to specific standards. The last of the debris was transported to a landfill site on August 21, 2018.
Present Situation
At the time of the initial response in May, the total impact of the illicit discharge and subsequent clean-up, testing, and disposal costs was unknown. The EC Division normally manages approximately five such clean-ups a year, and it is rare for the cost of a single event clean-up to exceed the Council limit of $75,000. Over the past five years, total annual charges for spill response ranged from $5,300 to $50,500 and no single spill event has exceeded the Council’s approved spending limit in the past 10 years.
Under Stockton Municipal Code (SMC) section 3.48.070, responsible parties are billed for charges incurred by the City for hazardous material spills and illicit discharges. In this case, a property owner was identified as the responsible party and cost recovery billing will be sent for all charges incurred, including staff time and equipment, and all contract services. The SMC also allows for liens to be placed on properties if fees are not paid. Because the MUD is required to provide immediate clean-up and remediation services under State law, the City must pay the contractor well in advance of cost recovery from the responsible party.
Staff recommends Council approve a motion to ratify the expenditure of $112,661.57 to Patriot Environmental Services for the emergency clean-up of the hazardous material discharge to the Cherbourg/Mosher Stormwater Pump Station.
FINANCIAL SUMMARY
Sufficient funds were made available from the Stormwater Utility Expense Account 441-4411-572 for the emergency clean-up of the hazardous material discharge to the Cherbourg/Mosher Stormwater Pump Station in the amount of $112,661.57, to be paid to Patriot Environmental Services.
There is no impact to the City’s General Fund or any other unrestricted funds as a result of taking the recommended actions.