HomeMy WebLinkAboutAgreement A-17-515 with DTSC.pdf 17-0865 Agreement No. 17-515
STATE OF CALIFORNIA
ENVIRONMENTAL PROTECTION AGENCY
DEPARTMENT OF TOXIC SUBSTANCES CONTROL
In the matter of:
Project Code:
Blue Hills Disposal Facility 100195-78
N.E., 1.4 Sec 3, T19S, R15E M.D.B.&M
9 miles NE of COALINGA, CA 93210 AGREEMENT FOR PROCESSING
FRESNO COUNTY APPLICATION FOR A HAZARDOUS
EPA I.D. # CAT080010606 WASTE FACILITY POST CLOSURE
PERMIT
Name of Applicant:
Health and Safety Code
Fresno County Section 25205.7
2220 Tulare Street, 6th Floor
Fresno, CA 93721
The California Department of Toxic Substances Control (DTSC) and Fresno County
(Applicant) enter into this Agreement for Processing Application for a Hazardous Waste
Facility Post Closure Permit (Agreement) and agree as follows:
1. Jurisdiction and Purpose. This Agreement governs the application for a
Hazardous Waste Facility Post Closure Permit submitted by Applicant to DTSC on
March 10, 2017 (Application). Health and Safety Code section 25205.7 requires
Applicant to (a) reimburse DTSC for its costs incurred in processing the Application; (b)
make an advance payment to DTSC of at least 25% of DTSC's total estimated costs of
processing the Application; and (c) reimburse DTSC for its costs incurred for the
purposes of complying with the California Environmental Quality Act (CEQA). The
Application is for the existing hazardous waste facility located at N.E., 1/4 Sec 3, T19S,
R15E M.D.B.&M, 9 miles northeast of Coalinga, Fresno County, California (Facility).
The Facility is owned by Fresno County and operated by Fresno County.
2. Billing and Payment.
2.1. Applicant agrees to pay DTSC for its costs incurred in processing the
Application and its costs incurred for the purposes of complying with CEQA, including
costs of preparing analysis and documentation required by CEQA. DTSC will provide
Applicant with a billing statement at least quarterly. Applicant agrees to make payment
within 30 days of receipt of DTSC's billing. Costs incurred include interest on unpaid
amounts that are billed and outstanding more than 60 days from the date of the invoice
as provided in Health and Safety Code section 25360.1.
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2.2. DTSC's cost estimate for processing the Application is attached as
Exhibit A and incorporated herein as part of the Agreement. Applicant understands that
the amount in Exhibit A is only a cost estimate for the activities shown on Exhibit A and
it may differ from the actual costs incurred by DTSC in processing the Application.
DTSC may provide revised cost estimates to Applicant as the work progresses under
this Agreement. Any revision to the Application after it is initially submitted to DTSC
may require a new or revised cost estimate. The cost estimate in Exhibit A does not
include costs that DTSC may incur in overseeing any required corrective action at the
Facility.
2.3. No later than thirty days after the effective date of this Agreement,
Applicant shall make an advance payment to DTSC in the amount of$75,105 which
represents 25% of DTSC's total estimated costs of processing the Application. The
advance payment will be retained by DTSC and will be applied only to the final invoice
for DTSC's costs of processing the Application. The final invoice will be issued to
Applicant after DTSC makes its final decision on the Application. DTSC's final decision
on the Application does not include any of DTSC's activities related to any permit
appeal. DTSC shall refund the balance of the advance payment to Applicant within 30
days after DTSC applies the advance payment to the final invoice for DTSC's costs of
processing the Application. It is expressly understood and agreed that DTSC will not
begin or continue to process the Application until after DTSC receives the advance
payment in the amount of $75,105.
2.4. DTSC's billing statements shall be sent to Curtis Larkin, 2220 Tulare
Street 6t" Floor, Fresno, CA 93721. When a payment is made by check or money
order, the check or money order shall be payable to the "Department of Toxic
Substances Control"; reference DTSC's Project Code as shown on the first page of this
Agreement and the name of the Facility; and be sent to:
Department of Toxic Substances Control
Accounting Office
1001 1 Street, 21 st Floor
P.O. Box 806
Sacramento, California 95812-0806
Payments can also be made with a credit card or Electronic Funds Transfer.
2.5. DTSC shall retain all cost records associated with the work performed
under this Agreement as may be required by state law. DTSC will make all documents
that support DTSC's cost determination available for inspection upon request in
accordance with the Public Records Act, Government Code section 6250 et seq.
2.6. Any dispute concerning DTSC's costs incurred in processing the
Application is subject to the dispute resolution procedure as established pursuant to
Health and Safety Code section 25206.2(b)(2)(H) and (1). DTSC has provided a copy of
the Permitting Cost Reimbursement Policy and Procedure to Applicant. DTSC reserves
its right to recover unpaid costs under applicable state and federal laws.
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3. Project Managers. The Project Managers for DTSC and Applicant during
the term of this Agreement are:
Department of Toxic Substances Control:
Parampreet Bhatti
Hazardous Substances Engineer
Permitting Division
8800 Cal Center Drive
Sacramento, CA, 95826
Phone: (916) 255-6413
Email: Parampreet.Bhatti@dtsc.ca.gov
Fresno County:
John Thompson
Deputy Director
2220 Tulare St., 6t" Floor
Fresno, CA, 93721
Phone: (559) 600-4259
Fax: (559) 600-4552
Email: JoThompson@co.fresno.ca.us
Each party may change its Project Manager with at least seven days prior written notice
to the other party.
4. Reservation of Rights. DTSC reserves all of its authorities, rights,
defenses and remedies under applicable law and regulations, including the authority
and right to recover its costs incurred therefor; to discontinue processing the Application
if Applicant fails to make any payment due under this Agreement; and to make
permitting decisions according to applicable law and regulations. Applicant reserves all
of its rights, defenses and remedies available to Applicant under applicable law and
regulations.
5. Effective Date. The effective date of this Agreement is the date of
signature by DTSC's authorized representative after this Agreement is first signed by
Applicant's authorized representative. Except as otherwise specified, "days" means
calendar days.
6. Parties Bound. This Agreement applies to and is binding, jointly and
severally, upon Applicant and its agents, receivers, trustees, successors and assignees,
and upon DTSC and any successor agency that may have responsibility for and
jurisdiction over the subject matter of this Agreement.
7. Representative Authority. Each undersigned representative of the party
to this Agreement certifies that she or he is fully authorized to enter into the terms and
conditions of this Agreement and to execute and legally bind the party to this
Agreement.
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8. Counterparts. This Agreement may be executed and delivered in any
number of counterparts, each of which when executed and delivered shall be deemed
to be an original, but such counterparts shall together constitute one and the same
document.
Agreed to by:
Fresno County
LP�, Date: (ram o
Signature
Name: ITIC.'AA ca ATTEST:
BERNICE E.SEIDEL,Clerk
Title:
Board of Supervisors
,rn��= a� .
By, LDEputy
Department of Toxic Substances Control
Date:
Signature
Name:
Title:
4
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2 REVIEWED AND RECOMMENDED ATTEST:
FOR APPROVAL Bernice E. Seidel, Clerk
3 Board of Supervisors
4 By; By See Attestation on page 4
5 Steven E. White,btrector Deputy
Department of Public Works and
6 Planning
7
8 APPROVED AS TO LEG FORM
Daniel C. Cederborg
g County CoAnsel
10
By: V,
11 Deputy
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13 APPROVED AS TO ACCOUNTING
FORM
14 Oscar J. Garcia C.P.A
Auditor-Controller/Treasurer-Tax
15 Collector
16
By:
17 Deputy
18
FOR ACCOUNTING USE ONLY
19 Fund: 0001
Subclass: 10000
20 Org. No: 43601250
Account: 7295
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SITE: 100195 EXHIBIT A
FACILITY:BIG BLUE HILLS PESTICIDE CONT.DISPOSAL Department of Toxic Substances Control
PERMIT: POST-CLOSURE RENEWAL PERMIT,CLOSED WASTE IN PLACE
PROJECT MANAGER: PARAMPREET BHATTI PERMITTING APPLICATION PROCESSING COST ESTIMATEl
DATE: 05/24/2017
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Estimation Rates $214 $251 $264 $27
$214 $167 $214 $215 $197 $167 $131 $235 $165 $131 $80
TASK 1: INITIAL COMPLETENESS REVIEW(ADMINISTRATIVE COMPLETENESS)
HOOURSURS---------------------------------------------- —--15.5------- 2----- ---- ------------- ----------- ------ ---- ----- ----- ---------
----- ----- ---- ----- ---- --------
6
SUBTOTAL ESTIMATED COSTI $3,317 $5281 1 1 1 1 1 1 1 $1,572 $480 $2741 35.5 $ 6,171
TASK 2: TECHNICAL REVIEW OF PERMIT APPLICATION
2A: TECHNICAL REVIEW THRU ISSUANCE OF 1ST NOD
-------------------------------------------------- ------------ ----- ---- ------------- ----------- ------ ---- ----- ----- -------------- ----- ---- ----- ---- --------
HOURS 302 20 65 48 70 2 10 4 521 $ 110,304
SUBTOTAL ESTIMATED COSTI $64,6281 1 $5,2801 1 $13,9101 $8,0161 1 $15,050 $3341 1 $2,350 $320 $416
213: REVIEW OF-1ST-NOD-RESPONSE AND ISSUANCE- 2ND NOD OR TECHNICAL COMPLETE DETERMINATION
------------- - -- ------------------------------- ------------ ----- ---- ------------- ----------- ------ ---- ----- ----- -------------- ----- ---- ----- ---- --------
HOURS 72 25 2 23 50 16 8 2 198 $ 40,131
SUBTOTAL ESTIMATED COSTI $15,4081 $6,275 $5281 1 $4,9221 $8,3501 1 $3,4401 1 1 1 1 1 $1,048 $160
2C: REVIEW OF RESPONSE TO 2ND NOD AND ISSUANCE OF 3RD NOD OR TECHNICAL COMPLETE DETERMINATION
------------ ----- ---- ------------- ----------- ------ ---- ----- ----- -------------- -
HOURS
SUBTOTAL ESTIMATED COST $
2D: REVIEW OF RESPONSE TO 3RD NOD AND ISSUANCE OF TECH COMPLETE DETERMINATION
------------ ----- ---- ------------- ----------- ------ ---- ----- ----- -------------- -
HOURS
SUBTOTAL ESTIMATED COST $
TASK 3: DRAFT PERMIT DECISION
-----------------------------------------------
--- ------------ ----- ---- ------------- ----------- ------ ---- ----- ----- -------------- ----- ---- ----- ---- --------
SUBTOTAL HOURS 52 22 4 5 16 5 5 10 30 4 153 $ 32,530
SUBTOTAL ESTIMATED COSTI $11,1281 1 $5,808 $1,1121 $1,0701 $2,6721 1 $1,075 $9851 1 $1,3101 $7,050 $320
TASK 4:-CEQA COMPLIANCE
---- -------------------------------------------- ------- ----- ---- ------------- ----------- ------ ---- ----- ----- ------- 4----- ----- ---- ----- ---- --------
SUBTOTAL HOURS- 13----- 2 2 3 9 4 14 3 50 $ 9,000
SUBTOTAL ESTIMATED COST $2,782 $528 $430 $591 $1,179 $940 $2,310 $240
TASK 5: PUBLIC PARTICIPATION
-------------------------------------------------- ------------ ----- ---- ------------- ----------- ------ ---- ----- ----- -------------- ----- ---- ----- ---- --------
SUBTOTAL HOURS 60 35 12 1 12 33 1 97 11 1 66 329 $ 60,625
SUBTOTAL ESTIMATED COST $12,840 $9,240 $3,336 $214 $2,004 $7,095 $197 $12,707 $2,585 $165 $5,280 $510 $4,452
TASK 6: FINAL PERMIT
-------------------------------------------------- ------------ ----- ---- ------------- ----------- ------ ---- ----- ----- -------------- ----- ---- ----- ---- --------
SUBTOTAL HOURS 21 4 6 2 1 2 20 5 18 79 $ 14,348
SUBTOTAL ESTIMATED COST $4,494 $1,056 $1,668 $428 $167 $430 $2,620 $1,175 $1,440 $870
TASK 7: PROJECT MANAGEMENT
---- ------------ ----- ---- ------------- ----------- ------
HOURS 128
ESTIMATED COST $27,3111 1 1 1 1 1 1 1 1 1 1 1 1 1 1
128 1
$ 27,311
TOTAL ESTIMATED PERMIT PROCESSING COST $ 300,419
1. See attached Task Descripton and Cost Assumptions for a description of the type of work included for each task and assumptions used to generate the costs.
2. Additional costs may be incurred depending upon the quality of the application received and the facility responsiveness to NODs.
6/23/2017 06-23-2017Final Big Blue Hills Cost Estimate(DTSC)
EXHIBIT A
Department of Toxic Substances Control
TASK DESCRIPTION AND COST ASSUMPTIONS
TASK TASK DESCRIPTION COST ASSUMPTIONS
Application is administratively incomplete when submitted to
Review Permit Application for Administrative Completeness. Assess whether the submitted DTSC for review.Additional time/cost included for 2nd
TASK 1: INITIAL COMPLETENESS REVIEW(ADMINISTRATIVE application contains the elements required to be considered Administratively Complete.
COMPLETENESS) administrative review.
Includes all activities performed during this phase,including preparation of correspondence,
processing of the Disclosure Statement,etc.
o Assess whether the application meets statutory and regulatory requirements,and prepare Application follows regulatory and statutory requirements,is
written comments in the form of Notice(s)of Deficiency,if needed. This task may include,but is well written,provides clear understanding of all
a not limited to:review of application,coordination with other government agencies,document processes/operations through the facility,and conforms to
a management,meetings,preparation of documentation,meetings/coordination,closure cost DTSC guidance.
a 2A: TECHNICAL REVIEW THRU ISSUANCE OF 1ST NOD
� estimate review,financial assurance mechanism review,Compliance History Report,tank
certification review, environmental monitoring program review,assessment of need for
corrective action,meeting to discuss comments/Notices of Deficiency,and other activities.
0
3 Meet with facility discuss 1st NOD. Review submittal provided in response to 1st NOD,prepare Response to 1st NOD adequately addresses all deficiencies
j 26: REVIEW OF 1ST NOD RESPONSE AND ISSUANCE OF
s 2ND NOD OR TECHNICAL COMPLETE DETERMINATION written comments,if needed. Prepare 2nd NOD. identified. No additional NODS required.
a
u 2C: REVIEW OF RESPONSE TO 2ND NOD AND ISSUANCE Conference call or meeting at DTSC office to discuss 2nd NOD. Review submittal provided in No second NOD anticipated.
uOF 3RD NOD OR TECHNICAL COMPLETE response to 2nd NOD and prepare written comments,if needed.
r DETERMINATION
N Conference call or meeting at DTSC office to discuss 3rd NOD. Review submittal provided in No third NOD or subsequent NOD anticipated
Y 21): REVIEW OF RESPONSE TO 3RD NOD AND ISSUANCE
v, response to 2nd NOD and prepare Technical Completeness Determination or Notification of
F OF TECH COMPLETE DETERMINATION Permit Denial,as appropriate.
TASK 3: DRAFT PERMIT DECISION Prepare draft permit,internal reviews,prepare associated documents required for public notice Changes to the draft permit will not require an additional
(e.g.,statement of basis,fact sheet,etc.). round of public notice and comment.
Prepare and/or review necessary CEQA documents. Respond to public comments regarding the No significant impact expected.Preliminary review suggests
TASK 4: CECA COMPLIANCE CECA documents. Notice of Exemption on the basis of no changes and the facility
remains in remediation condition.Should the remedy selection
change,additional review may be required.
Conduct Public Participation activities throughout the project,including,not limited to One public hearing.No significant community interest is
TASK 5: PUBLIC PARTICIPATION community survey(s),information repository setup and maintenance,public notices,community anticipated and minimal comments are expected.No lodging
updates,public meetings and/or hearings,translation services,documentation of activities,and will be required.
responding to public comments.
Activities necessary after the public comment period concludes,including preparation and Minimal to no comments and no appeal of the final permit
TASK 6: FINAL PERMIT issuance of the permit,Notice of Decision,response to comments,Statement of Basis,and decision.
associated correspondence.
Project Management activities include planning,scheduling,budgeting,monitoring of charges, 10%of total hours.
TASK 7: PROJECT MANAGEMENT coordinating project activities,maintaining project files,verifying invoices,other activities
necessary to process the permit application not covered by tasks above.