To: Board of Supervisors
From: Greg Baer, Director of Airports
Report Title: Amendment No. 1 of Contract with Mead & Hunt, Inc., for PFAS Investigations and Reporting Required by the State Water Quality Control Board.
☒Recommendation of the County Administrator ☐ Recommendation of Board Committee
RECOMMENDATIONS:
APPROVE and AUTHORIZE the Director of Airports, or designee, to execute an amendment to the contract with Mead & Hunt, Inc., to extend term to September 30, 2024, with no change to the payment limit for the Per- and Polyfluoroalkyl Substances (PFAS) work plan and final report for Buchanan Field Airport. Concord Area. (District IV)
FISCAL IMPACT:
No fiscal impact
BACKGROUND:
In 2019 the Airports Division hired Mead & Hunt to assist in efforts to comply with an order issued to various airports in the state similar to Buchanan Field by the California State Water Resources Control Board (State Water Board). Because the State Water Board has yet to conclude its work at Buchanan Field, the contract with Mead & Hunt needs to be extended for an additional twelve months.
In March 2019, the State Water Board issued Order WQ 2019-0005-DWQ (Order), which requires certain airports, including Buchanan Field Airport, to (i) conduct a “one-time preliminary site investigation” regarding the storage and use of Per- and Polyfluoroalkyl Substances (PFAS), and (ii) obtain a preliminary understanding of PFAS concentrations in soil and/or groundwater resulting from the use of PFAS at the airport. PFAS is a family of more than 3,000 man-made and mostly unregulated chemicals that are resistant to degradation in the environment. PFAS are manufactured globally and have been used in the production of many industrial and household products such as dental floss, non-stick cookware and products, waterproof products, cleaning products, and fire-fighting foams. The Order applies to Buchanan Field as the Airport operates pursuant to 14 CFR Part 139, meaning that the Airport’s Aircraft Rescue and Firefighting (ARFF) equipment uses (and has conducted mandatory testing) Aqueous Film-Forming Foam (AFFF) that contains PFAS materials. Because the airport has traditionally used the mandated AFFF material which triggered the Order (as it did at other airports), the County is required to submit a one-time investigation work plan (Work Plan) to the San Francisco Regional Water Quality Control Board (Regional Board).
On April 15, 2019, this Board approved a contract with Mead & Hunt to comply with the Order by conducting field investigations (soil borings), data analysis, and the preparation of a Work Plan. After completing and filing the Work Plan, the Regional Board required additional field investigations and reporting, now referred to as Phase II. The County continues to work with the Regional Board to determine what additional work will be required (ordered) beyond Phase II, which will also require a reimbursement agreement. For these ongoing efforts, Mead & Hunt is needed for additional planning, environmental, sampling, and legal support until the Regional Board is satisfied with the County’s Work Plan.
CONSEQUENCE OF NEGATIVE ACTION:
If the Airports Division does not engage a team to implement the Work Plan, it will be non-compliant with the Regional Water Quality Control Board requirements and could be subject to a daily fine (up to $5,000) and criminal penalties.