1. Consideration Of New Projects Under The Solid Waste Disposal Site And Codisposal Site Cleanup Program (Solid Waste Disposal Trust Fund, FY 2006/07) Consideration Of New Projects Under The Solid Waste Disposal Site And Codisposal Site Cleanup Program (Solid Waste Disposal Trust Fund, FY 2006/07) Agenda Item D (November 15, 2006 Board Item 12) Permitting and Enforcement Committee November 6, 2006

2. Project Information Summary Project Name Board Funding Funding Mechanism Cost Recovery Ibanez Illegal Disposal Site Torres Martinez Reservation, Riverside County $1,750,000Board-ManagedApplicable

3. Torres Martinez Collaborative  Collaborative established is to develop and implement a multi-jurisdictional plan to cleanup and prevent illegal dumping on the Torres Martinez Reservation. –Includes Tribe, USEPA, BIA, and other federal, state, and local agencies. CIWMB participates through Solid Waste Cleanup Program. –16+ open dump sites identified for cleanup and access control/prevention measures. –Monitoring, Surveillance, and Enforcement –Infrastructure Development and Outreach

4. Board-Managed Cleanup: Tayawa Open Dump   Project approved 8/06 and completed 9/18/06; Final cost less than $190,000 estimate.   Waste removed, disposed/recycled at permitted facilities: – – Solid waste: 48 trucks (12,000 cy or 1000 tons); – – Tires: 3 trucks (80 cy or 800 tires or 10 tons); – – Treated wood waste: 8 trucks (320 cy or 160 tons); – – Ash/contaminated soil: 6 trucks (130 cy 150 tons).   Additional treated waste removed by adjacent farmer.   Constructed berm and trench to prevent dumping.

5. Board-Managed Cleanup of Tayawa Open Dump Before:

6. Board-Managed Cleanup of Tayawa Open Dump After:

7. Ibanez Open Dump: Site Description  Ave. 66 between Highways 86/86S 3 miles west of Mecca, Riverside Co.  120-acre allotted land; agricultural with residential development and school. Priority A1.  Extensive past illegal waste facility operations and recent dumping and open burning by unidentified persons: –Sewage Sludge 326,200 cy –Landscaping/GW 67,500 cy –Gypsum C&D 3,300 cy –Ash 4,000 cy –Misc. Piles 1,000 cy Ave. 66 Desert Mirage High School Residential Development Ibanez

8. Ibanez Open Dump: Sludge Piles

9. Ibanez Open Dump: Landscaping/Greenwaste Piles

10. Ibanez Open Dump: Other Piles

11. Ibanez Open Dump Chronology  Sewage Sludge Activities – Started 1989 under MOA between Geraldine Ibanez, Chino Corona Farms (CCF) and RWQCB (referenced in AB240 1991). – Expanded 1990-93 by CCF from contract with San Diego. – Very large stockpile accumulated by 1993 led to extensive complaints by Tribe and public to shut down and cleanup site. – City canceled contract in 1993; CCF declared bankruptcy. – Sludge operations continued under other operators; US District Court Injunction issued 11/94 barring further sludge shipments. – CCF company owners indicted and convicted 1996. – Site investigations conducted by BIA consultant in 1994-95.

12. Ibanez Open Dump Chronology  Larsen Activities – Started 1999 under lease between Mrs. Ibanez and Bret Larsen (Larsen Farms) for purposes of temporary storage, drying, and sorting grass clippings from local country clubs and sod farms. Permit approved by BIA. Mrs. Ibanez died 9/01. – BIA issued cease and desist 12/01 for ten violations of permit. – BIA informed Larsen 2/02 that violations not corrected and permit revoked. Larsen appealed. Appeal Board affirmed BIA revocation decision 12/03.  Activities Subsequent to Larsen – Extensive illegal dumping and open burning by unidentified persons. Multiple incident responses by local fire authority.

13. Ibanez Open Dump Proposed Cleanup Project  Board’s contractor would blend on-site stabilized sludge with processed landscaping/green waste materials, gypsum, and clean fly ash for onsite agronomic application.  Other wastes and processing residues unable to be recycled would be removed to proper disposal at permitted facilities.  Sludge piles in excess of that needed for blending would be consolidated, graded, and covered. Height and footprint would be reduced and graded to minimize dust and odors, physical hazards and visual nuisance.  Install and upgrade gates and access controls.  Estimated cost: $1,750,000.

14. Cost Recovery  Cost recovery is applicable and would be pursued to the extent practicable (PRC 48023).  Five responsible parties currently identified in addition to property owner estate and heirs.  In light of the protracted enforcement history as well as complexities relating to legal authority over allotted sovereign land, this matter will be referred to the Attorney General’s Office.

15. Trust Fund and Remediation Contract Status Solid Waste Cleanup Trust Fund: Unreserved Balance (Nov 2006) $10,249,000 IWM05017 (Recon): Current Unused Allocation $2,887,000 Ibanez Illegal Disposal Site Project (Est.) ($1,750,000) Balance Available $1,137,000 IWM05067 (AJ Diani): Current Unused Allocation $2,370,000

16. Recommendation Staff recommend the Board approve the proposed Board- managed project to clean-up the Ibanez Open Dump and adopt Resolution 2006-200.