HomeMy WebLinkAboutMINUTES - 01092007 - C.32 -.s -` Contra
TO: BOARD OF SUPERVISORS
FROM: TRANSPORTATION, WATER AND � : _- - ,: , a Costa
INFRASTRUCTURE COMMITTEE '
County
4�9,COUIZ
DATE: April 10, 2007
SUBJECT: SUPPORT ASSEMBLY BILL 909 BY ASSEMBLY MEMBER WOLK WITH REQUESTED
AMENDMENT
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)R BACKGROUND AND JUSTIFICATION
RECOMMENDED ACTION:
A. SUPPORT Assembly Bill 909 by Assembly Member Wolk and REQUEST amendment.
B. APPROVE attached letter to Assembly Member Wolk on Assembly Bill 909.
FINANCIAL IMPACT:
Assembly Bill 909 will provide funding from the recent bond measures to help cover the costs of cleaning up the Mt.
Diablo Mercury Mine.
CONTINUED ON ATTACHMENT: I3x1 SIGNATURE:
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMr.NDA7'1 OARD COMMITTEE
APPROVE OTHER
SIGNATURE(S):
ACTION OF BOARD ON _040 04 --- APPROVED AS RECOMMF..NDED L OTHER
VOTE OF SUPERVISORS: I I IEREBY CF..RTIFY THAT THIS IS A TRUE AND CORRECT
COPY OF AN AC'T'ION TAKEN AND ENTERED ON
UNANIMOUS(ABSENT SNI LSA- )LI-/�' ) MINUTES OF THE BOARD OF SUPERVISORS ON THE
AYES: NOES: DATE SHOWN.
ABSENT: ABSTAIN:
Contact: Mitch Avalon,Public
cWWorks Deputy Director
MA:df
G:\Admin\Mitch\bo\2007\AB 909.doc ATTESTED 0
JOHN CULLEN.CLE OF THE BOARD OF
SLJ13ERVISORS
cc: Lara Delaney,CAO
County Counsel
Maurice Shiu.Public Works
Mitch Avalon,Public Works B DEPUTY
Greg Connaughton,Public Works
Rich Lierly,Public Works
Roberta Goulart;Community Development
Cathy Christianson
SUBJECT: SUPPORT ASSEMBLY BILL 909 BY ASSEMBLY MEMBER WOLK WITH REQUESTED
AMENDMENT
DATE:
PAGE: 2 of 2
REASONS FOR RECOMMENDATIONS AND BACKGROUND:
The Mt.Diablo Mercury Mine is a large abandoned mercury mine located on private property on the north east slope
of Mt. Diablo at the upper end of the Marsh Creek watershed. The mine is located between Dunn Creek and Horse
Creek,which are small tributaries to Marsh Creek. The abandoned mine includes a substantial area of exposed mine
tailings and a settling pond. Studies have shown that 95%of the total input of mercury to Marsh Creek comes from
the two tributaries around the mercury mine and 88%is traceable directly to the mine tailings. The result is mercury
is washed downstream and fish in the Marsh Creek Reservoir exceed the health standard concentration for mercury.
The Flood Control District has been working for several years to clean up the mercury mine. The largest hurdle for
the Flood Control District to clean up the mercury has been increased liability exposure for any activities associated
with cleaning up the abandoned mine. Last year the Flood Control District prepared a proposal to address the
liability issue and has had several discussions with our congressional delegation, EPA, and the Army Corps of
Engineers. Assembly Bill 909 would provide funding from Proposition 84 for activities associated with the clean up
of mercury mines. This would be beneficial for the Flood Control District's efforts on the Mt. Diablo Mercury
Mine. This funding may qualify as the local match for federal funding, which the Flood Control District has
requested through the Army Corps' Remediation of Abandoned Mines program
Liability is still an issue. The funding from this legislation may not be fully utilized unless Assembly Bill 909
includes relief from liability for a public agency to clean up a mercury mine. It is therefore recommended that the
Board supports Assembly Bill 909 with a requested amendment to include language to provide liability protection
for public agencies in cleaning up mercury mines. Attached is a letter to Assembly Member Wolk on Assembly Bill
909.
CONSEQUENCES OF NEGATIVE ACTION:
Our position on AB 909 would not be sent to Assembly Member Wolk.
The Board of Supervisors Contra
Costa John Cullen
County Administration Building Clerk of the Board
651 Pine Street,Room 106 and
Martinez,California 94553 County County Administrator
(925)335-1900
John Gioia, 1"District
Gayle B.Uiikema,2 n District
Mary N.Piepho,3 r District
Susan A.Bonilla,40'District
Federal D.Glover,5"District
April 2, 2007
Assembly Member Lois Wolk
State Capitol
P.O. Box 942849
Sacramento, CA 94249-0011
RE: AB 909 (Wolk) Mercury monitoring and remediation —SUPPORT
Dear Assembly Member Wolk:
Thank you for sponsoring Assembly Bill 909, which would make funds available to public agencies for
monitoring and remediation activities related to mercury contamination. . Contra Costa County
strongly supports the clean-up of abandoned mines which will improve water quality in our state's
watersheds.
The Mt. Diablo Mercury Mine is a large abandoned mercury mine located in our county on the northeast
slope of Mount Diablo, at the upper end of the Marsh Creek watershed. Ninety five percent (95%) of the
mercury entering Marsh Creek comes from the area around the mine tailings. Consequently, fish in
the Marsh Creek Reservoir contain levels of mercury that exceed health standards.
The Contra Costa County Flood Control and Water Conservation District has been working for many
years on clean up the Mercury Mine, which is owned by a private property owner. The primary barrier
to progress is liability. Based on our experience, we believe that no public agency will be able to
utilize the funding proposed in AB 909 for remediation unless liability concerns are first addressed.
We would be happy to work with you to amend AB 909 or draft a new bill that addresses liability.
The County appreciates your support and advocacy for providing funds to local agencies for
remediation of mercury mines. For Contra Costa County this will be a great step towards improving
water quality in the Marsh Creek watershed and downstream into the San Francisco Bay.
Thank you again for your leadership on this important issue.
Sincerely,
Mary N. Piepho
Chair, Board of Supervisors
cc., Members, Assembly Committee on Environmental Safety and Toxic Materials
Assembly Member Mark DeSaulnier
Assembly Member Loni Hancock
Assembly Member Guy Houston
Senator Tom Torlakson
Members, Contra Costa Board of Supervisors