REPORT TO COUNCIL
SUBJECT
Title
Action to Approve a Budget Amendment and Expenditures Paid to Clean Harbors Environmental Services, Inc. For Provision of Emergency Diesel Fuel Cleanup Services at Laurelwood Storm Pump Station and Acceptance of Post-Emergency Report
Report
COUNCIL PILLAR
Deliver and Enhance High Quality Efficient Services and Infrastructure
BACKGROUND
The City is regulated by a Municipal Regional Stormwater National Pollutant Discharge Elimination System Permit (MRP) issued by the San Francisco Bay Regional Water Quality Control Board (RWQCB). The MRP mandates that only storm water or clean ground water can be discharged from the City’s storm drain collection system into rivers and creeks that flow to the San Francisco Bay. If the City becomes aware of an illegal discharge into the storm drain collection system, the MRP requires measures to be put into place to attempt to stop the polluted water from entering a creek or river. These measures include things such as removing the contamination, conducting an investigation to identify the source of the pollution, and taking appropriate actions to stop the discharge.
The City operates and maintains the Laurelwood Storm Water Pump Station (Pump Station) located at 3401 Victor Street. A network of catch basin inlets and underground storm drain pipelines direct storm water from 308 acres of land area to the Pump Station wet well. When the water level in the wet well reaches a specified level, it is pumped through a levee into the Guadalupe River. In the event an illegal discharge is detected in the pump station wet well or in a storm drain pipeline, the pumps can be turned off to prevent discharge into the river to enable pollutants to be removed and a source to be identified. It should also be noted that during a storm, the pumps must operate to alleviate potential flooding in the surrounding area.
DISCUSSION
Overview of the Emergency Event
On February 6, 2024, the Department of Public Works (DPW) maintenance staff conducted routine cleaning of the trash racks at all the City’s storm pump stations. During this routine maintenance service, staff observed a visible sheen and detected a diesel fuel odor at the Laurelwood Storm Water Pump Station. Upon discovery, the pumps were immediately turned off to minimize the discharge of impacted water into the Guadalupe River, and an investigation commenced to identify the source of the pollution.
DPW contacted the emergency cleanup services vendor under contract with Silicon Valley Power to provide labor, equipment, and expertise to remove the diesel from the storm drain collection system. The vendor was unable to provide assistance because its crews and equipment were dispatched elsewhere in response to a large storm event the previous weekend. DPW subsequently contacted Clean Harbors Environmental Services, Inc. (Clean Harbors), a company that provides environmental emergency response services.
Emergency Purchase
Given the risk of contamination of the Guadalupe River and the threat of severe flooding if the storm drain pumps remained off, staff determined that the situation met the definition of an “emergency purchase” under Section 2.105.260(a) of the Santa Clara City Code (City Code). The City Code states “In the case of an emergency involving the threatening of lives, property or welfare of the people of the City or the property of the City, the City Manager and/or his/her designee may purchase supplies, materials or equipment without formal bidding, as formal bids would be an “idle act” in such an emergency and may contract for general services which the City Manager and/or his/her designee deems necessary for the purpose of meeting such emergency.” DPW notified the City Manager’s Office (CMO) and Finance Department (Finance) on February 6, 2024 about the situation and the need for emergency services to begin ahead of the predicted rainfall. Following this notification staff authorized Clean Harbors to dispatch crews and equipment to remove the diesel from the pump station wet well based on a time and material basis. There were also additional communications between DPW, Finance, and the CMO over the ensuing days about the emergency efforts and status.
Additionally, pursuant to City Code Section 2.105.260(c), the City Manager and/or his/her designee shall provide a post-emergency report to the City Council on the use of any reserve amounts expended for the emergency purchase. The services provided by Clean Harbors included disposal of diesel contaminated oil absorbent booms and contaminated storm water, as well as cleaning the frac tanks that stored the contaminated water after they were used. The amount due to Clean Harbors for the emergency services is $230,402 (Attachment 1). DPW does not have available funding in its operating budget to cover this unplanned emergency expense, so a Budget Amendment is requested to allocate the necessary funds to pay Clean Harbors.
Source Investigation
The source investigation for the diesel contamination continued on February 7, with collaborative efforts from the City of Santa Clara Fire Department (SCFD). DPW and SCFD evaluated the storm drain system and drainage areas to develop an investigation strategy. Teams were dispatched to inspect manholes for any indications of diesel contamination, such as the presence of a sheen or the odor of diesel. The investigation teams were able to trace the lines and identified a source location on February 8 over two miles away (on the third day of searching). A source was located at 1051 Richard Avenue. DPW and SCFD will coordinate with the City Attorney’s Office to attempt to recover costs and issue appropriate enforcement actions.
Cleanup Activities
At approximately 9:00 am on February 7, Clean Harbors began extracting diesel-contaminated water from the wet well, utilizing a vactor truck and transferring the water to 20,000-gallon frac tanks for safe containment. At approximately 10:00 am on February 7, it started raining. There was still a substantial amount of diesel fuel in the storm drain collection system so staff did not activate the pumps immediately and monitored the water levels in the pump station.
Rain was forecasted to continue overnight and into the early morning hours of February 8. Oil absorbent booms were installed in manholes and the pump station wet well. Additionally, oil absorbing booms were installed in the Guadalupe River to contain as much of the diesel as possible once the storm pump station pumps were turned back on for a few minutes at 6:50 pm on February 7 to reduce the amount of water held in the pipelines to prevent on-street flooding. The pumps were again shut off and were not activated until the cleanup was completed on February 14.
Approximately 180,000 gallons of diesel-contaminated storm water was extracted from the storm drain collection system over the next week. Clean Harbors cleaned sections of storm drain pipelines that drain into the Laurelwood Storm Pump Station to remove diesel residue. DPW staff also worked with SCFD, the Water and Sewer Utility Department, City of San Jose Environmental Services Department, and the Regional Water Quality Control Board to coordinate the clean-up, testing, and disposal of the water into the sanitary sewer system.
ENVIRONMENTAL REVIEW
The actions being considered are subject to a statutory exemption from the California Environmental Quality Act (“CEQA”) pursuant to California Public Resources Code section 21080(b) because they involve emergency repairs to public service facilities necessary to maintain service.
FISCAL IMPACT
The costs paid to Clean Harbors for emergency diesel spill cleanup services was $230,402. The budget amendment below allocates funding from the General Fund Budget Stabilization Reserve to the Department of Public Works for the emergency services as DPW does not allocate budget for emergency cleanup services in its contractual services budget. Any funds recovered from the source of the spill will be used to replenish the Budget Stabilization Reserve.
Budget Amendment
FY 2023/24
|
|
Current |
Increase/ (Decrease) |
Revised |
|
General Fund (001) |
|
|
|
|
Expenditure |
|
|
|
|
Department of Public Works |
$24,952,681 |
$230,402 |
$25,183,083 |
|
|
|
|
|
|
Ending Fund Balance |
|
|
|
|
Budget Stabilization Reserve |
$48,022,974 |
($230,402) |
$47,792,572 |
COORDINATION
This report has been coordinated with the Finance Department and City Attorney’s Office.
PUBLIC CONTACT
Public contact was made by posting the Council agenda on the City’s official-notice bulletin board outside City Hall Council Chambers. A complete agenda packet is available on the City’s website and in the City Clerk’s Office at least 72 hours prior to a Regular Meeting and 24 hours prior to a Special Meeting. A hard copy of any agenda report may be requested by contacting the City Clerk’s Office at (408) 615-2220, email clerk@santaclaraca.gov <mailto:clerk@santaclaraca.gov> or at the public information desk at any City of Santa Clara public library.
RECOMMENDATION
Recommendation
1. Approve payment of $230,402 to Clean Harbors Environmental Services, Inc. for emergency diesel fuel cleanup services at the Laurelwood Storm Pump Station;
2. Approve the FY 2023/24 budget amendment in the General Fund to increase the Department of Public Works budget and decrease the Budget Stabilization Reserve in the amount of $230,402 (five affirmative Council votes required for the use of unused balances); and
3. Note and file this Report as the Post-Emergency Report to the City Council pursuant to Santa Clara City Code Section 2.105.260(c).
Staff
Reviewed by: Craig Mobeck, Director of Public Works
Approved by: Jovan Grogan, City Manager
ATTACHMENTS
1. Clean Harbors Invoice