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HomeMy WebLinkAboutMINUTES - 10251988 - 2.6 2. . 5 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Order on __October 25 , 1988 by the following vote: AYES: Supervisors Fanden, McPeak, Torlakson and Schroder NOES: None ABSENT: Supervisor Powers ABSTAIN: None SUBJECT: Report from Health Services Director on toxic incident at at the Valley Nitrogen Plant in Hercules on September 27 , 1988 Mark Finucane, Health Services Director, submitted a written report dated October 20, 1988 on the nitric acid release on September 27, 1988, at the old Valley Nitrogen Plant site owned by Hercules Properties Inc. , a copy of which report is attached hereto and by reference incorporated herein. Mr. Finucane and the County Administrator commended the heroic efforts of the Health Department personnel who participated in the response. Supervisor Fanden suggested that it would be- helpful if the County had a better working relationship with the City of Hercules . in knowing where toxics are stored and for site inspections, and indicated that she would like to discuss with the City the possibility of having some input into decisions that are made for land use in Hercules and that she would like to pursue such a working agreement. Liz Starkney, representing Friends of the Red Tail. Hawks, advised that she represented a group of homeowners who have been very concerned with the chemicals that are stored in Hercules.. Following much discussion, Supervisor Fanden recommended that the Board write a letter to the City of Hercules suggesting that a represntative from the City Staff meet with Mark Finucane and . discuss developing a working agreement. IT IS BY THE BOARD ORDERED that receipt of the aforesaid . report by Mark Finucane is HEREBY ACKNOWLEDGED. As recommended by Supervisor Fanden, IT IS FURTHER ORDERED that a letter be sent to the City of Hercules reflecting the Board' s concerns and requesting that a representative from the City staff meet with Mark Finucane to discuss a solution to the matter and developing a working agreement. 1 hereby certify that this Is a tr ua and correct copy of an action taken and Fntareci en tho minutes of the Board o".Supervisor n th dato shown. ATTESTED: M7 -�2_..5� /� PHIL BATCHELOn,clerk of Cie Sc and of Superiisom and County:administrator By ,Deputy cc: Director of Health Services County Administrator Director of Community Development County Counsel f CONTRA COSTA COUNTY ' HEALTH SERVICES DEPARTMENT sr co'uA`t'�, To: Date: Board of Supervisor October 20, 1988 From: `��'�-� Subject: Mark Finucane HERCULES PROPERTIES INC. Health Services Di ct NITRIC ACID RELEASE By: Dan Bergman 9/27/88 Assistant Heal th Servi s Director Nitric Acid Release & Clean up On September 27, 1988, the Contra Costa County Health Services Department (CCCHSD) received a call from the Pinole Police & Hercules Fire Departments requesting the Environmental Health Division to respond to an incident occurring at the old Valley Nitrogen Plant owned by Hercules Properties, Inc. The initial report described a large reddish brown cloud emanating from the Valley Nitrogen Plant and moving toward Bio-Rad and nearby industrial facilties. Rodeo/Hercules and Pinole Fire Departments responded along with Hercules Police and Public Works Departments. Businesses and a school downwind from the release were evacuated; a command post was set up and access to the area restricted. .The Environmental Health/Hazardous Materials team responded to the incident com- mand post. Fire Department personnel were suppressing a small fire started by leaking acid. Environmental Health advised fire services to remain upwind from the gas cloud and use their self-contained breathing apparatus (SCBA) for per- sonal protection. Initial evaluation of the site indicated that two large valves had been par- tially removed from two tanks containing nitric acid. The flanges of the valves had separated from the tanks and acid was pouring out. One valve was held in place by only one bolt. CCCHSD requested about 12 eight inch "C" clamps to clamp the valves back in place prior to bolting. Hercules Police Department obtained these. While the clamps were being obtained, CCCHSD personnel donned. level A suits and SCBA' s and work began on abating the leaks as soon as the clamps arrived. The valve flanges were clamped together and bolted, stopping the leak. CCCHSD responders were decontaminated by the Fire Department personnel , who also assisted them in air tank changes during the bolting operation. The property manager was ordered to begin cleanup operations. Clean up required neutralizing spilled acid and contaminated soil and neutralizing and removing acid from a A-41 3/81 Board of Supervisors -2- October 20, 1988 sump. The owners of the property initially agreed to neutralize and remove the remaining acid from the tanks, but shortly located a buyer for it. CCCHSD con- curred in this method of removal . The volume of material spilled was reported by the property manager to be about 1,000 gallons, with approximately 3,000 gallons of 13-15% nitric acid remaining in the tanks . An inventory of chemicals on the premises was requested and reviewed with other regulatory agencies at a meeting with the owners and manager of the property held on September 29, 1988. At this meeting the owners and manager of the property expressed their intent to remove all hazardous substan- ces presently stored on the premises. Subsequent to the September 29, 1988 meeting, an inspection of the facility was performed by the Hercules Fire Department and the CCCHSD to locate any other hazardous materials located on the premises, and to verify information provided by Hercules Properties, Inc. Work plans from Thorne Environmental have been reviewed and two inspections of the hazardous waste clean up have been performed. No hazardous materials other than those described by Hercules Properties, Inc. were found on the site. The known materials remaining on the site of the Valley Nitrogen Plant included sodium hydroxide, nitrogen tetroxide (approximately 2,000 lbs. ) , and some acid sludge in tanks . The nitric acid remaining in the tanks where the leak occurred was sold and transported to a firm in Shafter, CA. Shipping documents indicated that approximately 7,000 gallons of 30% nitric acid had remained in the tanks. Of concern to the CCCHSD are approximately 2,000 - 3,000 gallons of sodium hydroxide solution remaining on the premises. Some of this material has been used to neutralize the nitric acid in the drainage sump. The property manager has proposed using it to neutralize acid sludge remaining in a sulfuric acid tank , and removing the rest, if any, from the premises . The remaining material which poses the greatest potential for offsite risk from release is the nitrogen tetroxide stored in cylinders which appear to be in fair condition. It is now seven to ten years past their last hydrostatic test date. Various approaches to the problem are presently being evaluated, including a proposal from Thorne Environmental to chemically treat the gas on site. (Regulatory and technical problems may make this approach inappropriate) . The CCCHSD will continue to work with Hercules Properties, Inc. and their con- sultant, Thorne Environmental , to assure that all known hazardous materials are removed from the site as quickly as practicable. Regulatory & Enforcement Program Issues o To the best of our knowledge, no formal city/county Hazardous Materials Incident Response Agreements have been executed between the county and the City of Hercules. However, the Contra Costa County Environmental Health Division, over the past six years, has developed a hazardous materials emergency response capability as one element of a coordinated hazardous material spill response plan involving principally County Environmental Health, Fire Services, Law Enforcement and County Office of Emergency Services. These first response, technical and public information services are networked countywide in a hazardous materials response matrix to safe- guard the. public health and the environment from impacts of hazardous Board of Supervisors -3- October 20, 1988 materials release incidents 24 hours a day, seven days a week. Environmental Health Division hazardous materials response teams advise fire and law enfor- cement concerning human health and safety and requirements for spill mitiga- tion, remedial action and clean up. o There is no statutory requirement for the County Health Services to enforce state hazardous waste law or to provide hazardous materials release emergency field response. Jurisdictional responsibility lies with the State Department of Health Services . The County Health Services Department, in response to the expressed concerns of our Board of Supervisors, city councilpersons, and the public developed the current hazardous materials release field response program services to help safeguard the public health and the environment from the impacts of hazardous materials release. Authorization to enforce relevant state law was sought and obtained from State Health Services through a Memorandum of Designation entered into in May, 1983 between the County and State Health Services . o The County District Attorney' s Office may investigate hazardous materials incidents on their own initiative or on referral and request from other sour- ces. The Environmental Health Division routinely advises the District ' Attorney's Office of significant violations of Federal , State or local environmental health laws and regulations for potential prosecution. The District Attorney's Office is being provided with all investigative infor- mation relating to the HPI spill and failure to file a 2185 Business Plan for action they deem appropriate. o The Hercules Properties Inc . (HPI) site has been under the continuous moni- toring and supervision of the State Department of Health Services since its listing on the State Superfund priorities list in the early 1980' s. Contra Costa County Environmental Health Division became involved with HPI in June, 1985 as a result of potential exposure to trespassing children from hazardous substances then stored on the site. The County Health Services Department issued a compliance order to compel HPI to promptly remove and clean up acu- tely hazardous substances not properly secured on the site. The State Department of Health has continued to compel site characterization, remedial action and clean up efforts subsequently (see attached Hercule Properties chronology) . The site was reviewed and generally inventoried in 1985 by State Department of Health Services and County Health Services . The HPI principles took the position that hazardous substances remaining in the tanks had potential value for reuse and/or sale and were therefore not a hazardous waste. The storage vessels were tested for soundness and the valves were secured by locks. o AB2185 is a state law requiring businesses that retain hazardous materials on their premises to file disclosure inventories with County Health Services as the administering agency for the compliance program. County Health Services mailed AB2185 requirement notification to over 12,000 potentially regulated facilities in October, 1986 and 1987. The noticed facilities were identified primarily from Standard Industry Code (SIC) lists detailing businesses by activity, Dunn & Bradstreet Business Directory, information from fire ser- vices agencies, facilities with underground tanks and facilities generating hazardous wastes. Hercules Properties was not listed by any of these facili- ties inventories and was therefore not mailed an AB2185 compliance notifica- tion . They have not submitted an AB2185 Business Plan to date. Board of Supervisors -4- October 20, 1988 The County Health Services Department is designated as administering agency for AB2185 enforcement. The Health Services Department has contracted with Rodeo-Hercules Fire Protection District, on May 1, 1988, in addition to other fire districts countywide to provide AB2185 validation inspections within their respective fire districts . The county and fire service agencies work together to identify facilities that have not filed the required business plans. Under the contract, the county is responsible to provide the Fire Department with a copy of the submitted Business Plan for each site the Fire Department is responsible to inspect. HPI has now been sent a request to file the AB2185 Business Plan. o Progress in cleaning up the nitric acid spill and removing remaining hazardous materials has been detailed previously in this report. The State Department of Health Services is being informed of all Contra Costa County Health Division actions and asked to concur. DB:jb cc: William B. Walker Phil Batchelor Scott Tandy (A)HERCULES HERCULES PROPERTIES 560 Railroad Avenue Hercules, CA LOCATION : The Hercules site is located on San Pablo Bay. Refugio Creek runs through the property. PRINCIPAL CONTAMINANTS: Explosives and heavy metals, primarily TNT, DNT, DNB , copper, lead and zinc. BACKGROUND: In 1890, California Powder Works began operating an explosives manufacturing facility at a 1300-acre site on San Pablo Bay. In 1912, Hercules Powder Works purchased the property and continued to produce explosives until 1965, when the plant was converted to fertilizer production. Valley Nitrogen Producers purchased the facility in 1976 and continued to produce fertilizers until 1979, when an unsettled strike forced the plant to close. Hercules Properties, Ltd. , acquired 350 acres for residential development in 1980. The Hercules site con- sists of the Hercules Industrial site, D&S, Gelsar, Bio-Rad and Forest Knolls. Each of the five "sub-sites" are being cleaned up separately. HERCULES INDUSTRIAL OWNER: Hercules Properties Ltd. , Inc. BACKGROUND : In June, 1985, Hercules Police removed children from the plant site on two separate occasions and reported potentially hazardous conditions on site to the DOHS. The potential exposure incidents prompted the County Health Services Department to issue an Order of Compliance to Hercules Properties, Ltd. As a result of the order, prompt remedial action was taken by Hercules Properties. The site has been fenced and posted. Acutely hazardous materials have been pro- perly disposed of and remaining materials were inventoried and characterized. Materials were disposed of, repackaged or sold, as appropriate. Surface soil samples analyzed in April/May, 1986 showed oil and grease concen- trations exceeding 1000 PPM at four locations. Residual hydrocarbons remain in the sediment in Refugio Creek. Toxicity tests on sediment samples indicate that the sediment is not toxic to aquatic life. BCL, the site consultant, indicated that additional analytical work is required to identify on site contamination. (P-2)SF23 The Bio-Rad, Forest Knolls and D & S Development sub-sites have been completely cleaned up. The Gelsar site was cleaned up to levels below industrial land use criteria but above unrestricted land use criteria. The Hercules Industrial site is the last of five sub-sites requiring clean up. PRESENT STATUS OF SITE : The initial phase of field work was completed in May, 1988. DOHS expects a pre- liminary Remedial Action Play by August 15, 1988. A pilot study for bio- remediation of the site has been proposed. If the pilot study is unsuccessful , an alternative remedial action plan will be proposed. The remainder of the site is in the process of being characterized; DOHS expects a Remedial Investigation Report by August 30, 1988. CHRONOLOGY OF SITE REMEDIATION EFFORTS: 1980 DOHS Abandoned Site Project includes discovery of site. September, 1980 DOHS sampling reveals high metals content in waste cata- lyst piles. July, 1981 DOHS Chemical Support Unit to conduct site follow-up. December, 1981 DOHS requests characterization and status, tank inven- tory. Site inspections and negotiations with owners follow request. May, 1982 Hercules proposes characterization study. DOHS feels that proposal is inadequate. l August, 1982 Phase I characterization plan submitted by Weiss Associates. September, 1982 Sampling by Weiss Associates; DOHS and RWQCB observe. February, 1983 Phase I results submitted. All samples below metal TTLC except 1. However, no drum inventory submitted. June 11, 1985 Hercules Police, DOHS, and County Health Services meet and conduct inspection of plant. Acutely hazardous materials noted, including friable asbestos insulation in plant buildings. June 12, 1985 DOHS Order to Fence and Post issued. June 14, 1985 Hercules complies with Order to Fence and Post. June 17, 1985 County Health Services Department issues Order of Compliance. Order requires site inventory and charac- terization. Also requires remedial action plan. (P-2)SF23a -35- June 21, 1985 Representatives of Hercules Properties meet with County Health Services, DOHS, City of Hercules to propose schedule. June 25, 1985 Hercules' consultant, BCL, proposes inventory by July 15; plan for site audit by July 15. July 10, 1985 Inventory of remaining toxic substances completed and discussed. July 15, 1985 Site audit plan submitted. Legal storage or disposal to be accomplished by August 30, 1985. July 25, 1985 Inventory of drums and inventory map submitted. July 30, 1985 Hercules Properties and BCL Associates meet with State, County, and City agencies. Schedule of remedial action presented. August 14, 1986 BCI reports analytical work complete. Environmental Assessment Report undergoing internal review. August 27, 1986 BCL provides DOHS Preliminary Focused Assessment. September 16, 1986 Meeting of concerned agencies to discuss draft of Assessment. November 3, 1986 BCL requests written confirmation of proposed analytical schedule from DOHS. December 19, 1986 DOHS requires Hercules Properties to analyze all surface samples for contaminants. December 23, 1986 BCL authorizes WESCO to perform chemical analyses on collected soil samples. January 7, 1987 DOHS asks Hercules Properties to provide them with revised assessment incorporating additional analytical results by February 1987. May 12, 1987 DOHS issues a Notice of Proposed Determination of Non-Compliance. May 22, 1987 DOHS inspects old power house on site after receiving citizen complaint. DOHS orders posting and fencing of site and cleanup of potentially hazardous materials. June 16, 1987 DOHS issues Notice of Final Determination on Non-Compliance with order HSA/86-008 RA. June 17, 1987 BCL halts work because of lack of compensation .from Hercules Properties, but sends DOHS status report. BCL negotiating with Hercules Properties to perform addi- tional work . (P-2)SF24 -36 August 19, 1987 DOHS requests pilot scale bio-remedial action to be tested in field. ' August 31 , 1987 BCL submits Remedial Investigation (RI ) Report. November 19, 1987 DOHS recommends revisions of RCL's proposed work plans. December 9, 1987 Hercules Properties submits revised work plans. January 25, 1988 DOHS issues Withdrawal of Proposed Determination of Non- compliance; accepts revised work plans. March 8, 1988 DOHS accepts RI for implementation. March 18, 1988 DOHS reviews proposed pilot scale treatment design for bio-remediation; informs Hercules Properties that EPA has approved RCRA permit waiver for proposed land treat- ment facility. May 13, 1988 Hercules Properties elects to remove possible asbestos- containing material from the site. June 10, 1988 DOHS issues revised draft Remedial Action Order and responds to Hercules Properties' request to sell portion of the site. September, 1988 Valve tampering on chemical storage tanks creates nitric acid leak . Nitric acid subsequently cleaned up and removed from site. CONCLUSIONS: Four of the five "sub-sites" of Hercules Properties have been cleaned up. The Hercules Industrial site has been characterized and the Responsible Party is developing a Remedial Action Plan proposing bio-remediation. Lead- contaminated soils have been excavated and disposed of off-site. -37- (P-2)SF25