Request to hold a workshop on Underground Storage Tank Program
Mayor Shirley Dean, September 26 1995

Hold a workshop meeting in November on Underground Storage Tank Program. The purpose of the workshop is to review all aspects of the extent of the problem: geographic distribution, impact on surrounding neighborhoods, soil contamination, air quality associated with clean-up, water impacts (both surface run-off and underground) and other impacts which might not be included in the above. Council is also to be informed about:
1) current federal, state and local laws and regulations as well as our own policies;

2) an organizational chart indicating authority for enforcing these laws, regulations and policies; and

3) local resources allocated to implementing Berkeley's regulations and policies. Workshop to include staff, Community Environmental Advisory Commission and representatives from Air and Water Quality Control Boards.

BACKGROUND AND NEED FOR COUNCIL ACTION

Council has received correspondence (see attachment #1) that raises concern about properties contaminated by leakage from underground tanks used for storage of waste oil, gasoline and possibly other petroleum-based products. The letter indicates these problem stem basically from gas stations most often located in commercial districts. The great majority of such problem properties are undoubtedly from this source. However, there are other sites in the city associated with fuel tanks once used for the storage of heating oil for apartment buildings.

Issues are raised about the methods used to clean-up contaminated sites and whether there is a health risk for surrounding residents and increased air and water pollution associated with such clean-up methods.

These are serious questions and they should be examined carefully by the Council. The Council should do this and understand the program, even if these questions had not been raised because we are beginning to see more development proposed for former gas station sites.

Council needs a clear understanding of the full extent of the problem, the laws, regulations and policies that guide clean-up, the enforcement mechanisms currently in place, associated costs for each of the parties, and the resources we have allocated to the problem.

The workshop should include appropriate staff, Council's Community Environmental Advisory Commission, and appropriate representatives from the Air and Water Quality Control Boards. The workshop should be scheduled before January 1996 at a date mutually agreed upon by staff and the Community Environmental Advisory Commission.

From; Community Environmental Advisory Commission
Council Meeting Date://95
IT IS RECOMMENDED THAT THE CITY COUNCIL: Write to the San Francisco Bay Region Water Quality Control Board (SFRWOCB and the State Water Resources Control Board (SWRCB) urging them to adopt risk communication public notification and participation as essential elements of any proposed relaxation in around water clean up requirements

BACKGROUND AND NEED FOR COUNCIL ACTION

Due to the expense of remediating pollution, the SFRWQCB has suggested reinterpreting or changing the stringent clean up levels for polluted groundwater that were based on drinking water standards. The new guidelines allow for for clean up levels to be determined by computer modeling for acceptable human health risks. This new policy or guideline will result in higher contamination being left in place. In some cases, permissible levels of elevated water contaminants to be left in place may migrate off-site and may impact private and commercial property values and environmental health. For this reason, it is suggested that the community, and neighbors in particular, be allowed to comment and influence the SWRCB or the SFRWQCB proposed permit process which would permit leaving higher levels of pollutants in place.

COUNCIL POLICY AND LEGISLATIVE HISTORY IF ANY

The City of Berkeley has a long history of consumer protection and Community-Right-to-Know policies in the environmental and toxics fields. For this reason the Council has adopted many forward thinking programs such as the ban on nuclear weapons research, controlling ozone depleting compounds and promotion of pollution prevention. The city is one of a few that has its own environmental management divisions and implements environmental codes and regulations locally.