For Utilities Commission Meeting [October 20, 2020]
TO: Honorable Chairperson and Commission
APPROVAL: Thomas J. Crowley, P.E., Utilities Manager
Title
Recommend the City Council/Rialto Utility Authority Approve the Second Amendment to the Four-Party Implementation Agreement for the Backup Water Supply to the City of Colton.
(ACTION)
Body
BACKGROUND:
On August 12, 2015, the City of Rialto (Rialto) entered in to a Four-Party Implementation Agreement with Emhart Industries (Emhart), County of San Bernardino (County) and the City of Colton (Colton), to implement the interim remedial action plan as required by the Consent Decree as entered on July 2, 2013. The remedial action required by the Work Consent Decree was selected and approved and overseen by the US Environmental Protection Agency (EPA).
In September 2010, EPA issued the Interim Action Record of Decision to the Source Area Operable Unit (SAOU) of the B.F. Goodrich Superfund Site, now referred to as the “Rockets, Fireworks, and Flares Superfund Site.” The EPA’s Remedy required Emhart Industries to install, operate, and maintain a groundwater pump and treatment system to intercept and control the spread of contaminated groundwater from the 160-acre parcel. The EPA Remedy is designed to capture and remove perchlorate and Trichloroethylene (TCE) in the groundwater in the Rialto-Colton Groundwater Basin (Basin) emanating from a 160-acre parcel located in north Rialto.
The County and Emhart agreed that the EPA Remedy would be combined with an existing groundwater extraction and treatment remedy designed and constructed by the County to capture and remove perchlorate and TCE in the Basin due to the landfill and required by the Santa Ana Regional Water Quality Control Board (Regional Board). This combined project is referred to as the “Combined Remedy” project.
The Combined Remedy includes:
1. Installing a new extraction well (EW-1), located at the northwest corner of Jerry Eves Park and piping to the water treatment system,
2. Expanding the existing County groundwater treatment system at the Rialto 3 well site to treat extracted water from EW-1,
3. Upgrading the chlorination station at the Combined Remedy site,
4. Constructing an inter-tie between Rialto and Colton to deliver Colton’s water rights produced out of EW-1 and,
5. System improvements to the Colton’s drinking water distribution system, specifically modifications made by Emhart to a reservoir and pump station.
ANALYSIS/DISCUSSION:
The Four-Party Agreement does not address the possibilities of EW-1 and the treatment system being taken down for repairs, maintenance or if the water supplied through this well is otherwise disrupted or inadequate. Without assurance of a secure and available water supply from EW-1, Colton will not be able to shut down the two wells necessary to free-up its water rights so that Emhart can pump out of EW-1, in which case the Four-Party Agreement and Combined Remedy cannot be implemented.
Attorneys for Rialto and Colton are developing the Second Amendment to the Four-Party Implementation Agreement that addresses these issues. The Second Amendment will provide that in the event of a disruption or inadequate supply from EW-1, Rialto will provide Colton with water at cost, either from Rialto Well #5, the Baseline Feeder or the Encanto Connection (in that order). If those sources area all unavailable, the parties will confer in good faith to solve the problem. In all cases Colton would be responsible for the costs incurred by Rialto for the water and Emhart would pay the wheeling cost, if any.
FINANCIAL IMPACT:
A direct financial impact is not expected with the requested action. Costs incurred by Rialto would be reimbursed by Colton.
RECOMMENDATION:
Recommend the City Council/Rialto Utility Authority approve the Second Amendment to the Four-Party Implementation Agreement for the Backup Water Supply to the City of Colton.