To: Board of Supervisors
From: Warren Lai, Public Works Director/Chief Engineer
Report Title: License Agreement between Flood Control District and IT Environmental Liquidating Trust
☒Recommendation of the County Administrator ☐ Recommendation of Board Committee
RECOMMENDATIONS:
Acting as the governing body of the Contra Costa County Flood Control and Water Conservation District
(District):
APPROVE and AUTHORIZE the Chief Engineer, or designee, to execute a license agreement with IT Environmental Liquidating Trust (ITELT) for the purpose of sampling and monitoring existing wells located within the Flood Control right-of-way adjacent to Pacheco Creek and Walnut Creek levees near IT Vine Hill and Baker landfills (APN 159-250-XXX) in Martinez, which monitoring is expected to be needed for the foreseeable future. Project No.: WO8314.
DETERMINE that execution of the License Agreement is not subject to the California Environmental Quality Act (CEQA), pursuant to Article 5, Section 15061(b)(3) and Article 19, Section 15306 of the CEQA Guidelines.
DIRECT the Director of Department of Conservation and Development (DCD), or designee, to cause a CEQA Notice of Exemption (NOE) to be filed with the County Clerk and the State Clearinghouse.
AUTHORIZE the Chief Engineer or designee to arrange a payment of a $25 fee to DCD for processing, and a $50 fee to the County Clerk for filing the NOE.
FISCAL IMPACT:
No fiscal impact. There is no cost associated with this license agreement.
BACKGROUND:
The District issued Permit 606-23 to ITELT for the purpose of conducting quarterly and semi-annual inspections, sampling, and monitoring of existing wells located within the Flood Control right-of-way adjacent to Pacheco Creek. The location was formerly a landfill, and ongoing testing is performed to ensure that toxins are not bleeding into the surrounding groundwater. The groundwater monitoring is a requirement of the Department of Toxic Substances Control (DTSC) and Regional Water Quality Control Board (RWQCB).
Permit 606-23 expired on September 30, 2024, and has since been extended through June 30, 2025. A License Agreement is needed to replace permit 606-23 as permits are intended to be short-term use only (i.e., less than a year). License agreements cover longer terms and will reduce the amount of staff time devoted to the permit tracking. The stewardship of the site by ITELT is ongoing and the license agreement will be needed for the foreseeable future. Consequently, the term of the agreement will have no defined end date. The District has the right to terminate the license at any time, for any reason, or for no reason, with 30 days’ advanced written notice.
There is no possibility that the activity may have a significant effect on the environment, and sampling and monitoring of existing wells is exempt from CEQA because it is an informational collection activity that will not result in a major disturbance to an environmental resource, pursuant to CEQA Guidelines.
CONSEQUENCE OF NEGATIVE ACTION:
The District will not be in compliance with DTSC and RWQCB requirements.