HomeMy WebLinkAboutMINUTES - 09192006 - C.93 ej
TO: BOARD OF SUPERVISORS •. "' , ..�'�^`• CONTRA.
�..
FROM: JOHN CULLEN, County Administrator r .w; s COSTA
a, COUNTY
DATE: September 19, 2006
G
SUBJECT: FEDERAL WATER RESOURCES DEVELOPMENT ACT l 3
SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND.AND JUSTIFICATION
RECOMMENDATION(S):
SUPPORT continued authorization of the Remediation of Abandoned Mine Sites (RAMS)
Program as contained in the Senate version of the Water Resources and Development Act and
request clarification that liability should be limited for non-responsible parties.
BACKGROUND:
The Mt. Diablo Mercury Mine, located on the northeast slope of Mt. Diablo, is on the upper end of
the Marsh Creek Watershed. The mine is responsible for significant accumulation of mercury in
the watershed, with 88% specifically traceable to the mine tailings and even more leaking through
the tributaries around the mercury mine. Mercury levels in downstream fish currently exceed the
health standard concentration of 0.5 ppm.
The Contra Costa Flood Control District has been seeking to clean up the Mine for many years.
The primary deterrent has been liability for removal or remediation actions and project funding.
Recent conversations with Senator Boxer's Office have indicated there may be current
administrative and regulatory instruments available to address our liability issues. The estimated
cost for the project design, public and stakeholder engagement process and liability agreement is
approximately $960,000.
The Remediation of Abandoned Mine Sites (RAM) Program appears to be a potential funding
source for the county's project, if reauthorized under Senate version of the Water Resources
Development Act (WRDA). As passed by the Senate, WRDA would replace the current one-time
authorization of$5 million for RAMS with a $45 million annual authorization; allow funding not only
for technical, planning and design assistance, but also construction activities; decrease the
required nonfederal share from 50% to 25%, and allow assistance to be provided to nonprofit
entities with the consent of the affected local government. Also significantly, though, the Senate
version contains the following provision: "The provision of assistance under this section shall not
relieve from liability any person that would otherwise be liable under Federal or State law for
damages, response costs, natural resource damages, restitution, equitable relief, or any other relief."
It is not clear whether or not this provision applies to non-responsible parties, such as the Flood
Control District. Clarification that it would not would be requested.
CONTINUED ON ATTACHMENT: i Yf,- SIGNATURE: \ C�
RECOMMENDATION OF COUNTY ADMINISTRATOR_RECOMMENDATION OF BOA COMMITTEE
APPROVE _OTHER
SIGNATURE(S):
ACTION OF BOAR O APPROVED AS RECOMMENDED ER
VOTE OF SUPERVISORS
X
T� I HEREBY CERTIFY THAT THIS IS A
X UNANIMOUS(ABSENT 2 } TRUE AND CORRECT COPY OF AN
AYES: NOES: ACTION TAKEN AND ENTERED
ABSENT: ABSTAIN: ON MINUTES OF THE BOARD OF
SUPERVI j2S ON THE DATE SHOWN.
//
ATTESTE ,
CONTACT: Sara Hoffman 335-1090 J ULLEN,CLERK OF
THE BOARD OF SUPERVISORS
cc: CAO AND COUNTY ADMINISTRATOR
M.Avalon,Flood Control
BY ✓ EPUTY