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Groundwater Cleanup: Litigate or Not?

Panel discussion on the challenges and solutions of groundwater cleanups, focusing on the South Archibald Plume in Palm Springs. Learn from panelists representing regulatory agencies, utilities, and desalter authorities. Discover the innovative administrative settlement that resolved the contamination problem without litigation.

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Groundwater Cleanup: Litigate or Not?

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  1. TO LITIGATE,OR NOT TO LITIGATE Palm SpringsFebruary 8, 2018

  2. Panelists • Kurt Berchtold, Retired Executive Officer, Santa Ana Regional Water Quality Control Board • Steve Elie, President, Inland Empire Utilities Agency • Curtis Paxton, General Manager/CEO, Chino Basin Desalter Authority • Moderator: Greg Newmark, Principal, Meyers Nave

  3. Problems with Groundwater Cleanups

  4. Problems with Groundwater Cleanups, cont.

  5. South Archibald Plume • First Identified in 1986 by MWD sampling • Regional Board began source investigation • Located Between 60 Freeway and Kimball Avenue in Ontario • Trichloroethylene (TCE) Detected in Private Wells • Toxic Volatile Organic Compound identified as carcinogenic by EPA • TCE used as Metals Degreaser and Cleaning Solvent from 1940s – 1970s

  6. South Archibald Plume, cont. • 1986 – TCE first detected in area • 2005 – Draft CAOs issued to Companies and United States • 2007 – Replacement water supplied to affected residences • 2012 – Draft CAO issued to RP-1 Agencies

  7. Regulator’s Perspective • Concerns that problem lingered without resolution • Regional Board experience at other groundwater contamination sites

  8. Regulator’s Perspective, cont. • What type of regulatory response? • Draft Cleanup and Abatement Orders

  9. IEUA Perspective Many other sites resulted in protracted litigation Commitment to Chino Basin agricultural community affected by TCE plume

  10. IEUA Perspective, cont. • IEUA committed to try a different approach • Objective was to solve the regional groundwater problem irrespective of liability

  11. IEUA Perspective, cont. IEUA was attempting to avoid situations like this:

  12. Regulator Perspective • All parties took a positive approach to developing a solution to the groundwater problem • The Regional Board actively participated in the process at key points to apply leverage where needed

  13. The Solution • Groundwater Pumping within Affected Area • Move planned CDA well north • Maximize TCE removal • Pipeline Installation • Convey groundwater to Desalter II • Chino Desalter II TCE Treatment • Modify plant to remove TCE

  14. Many Parties and Many Negotiations

  15. Work Party/Partner Perspective Santa Ana River Water Company

  16. Work Party/Partner Perspective, cont. • Extensive coordination with CDATAC • RP-1 Parties funded independent consultant evaluation and CEQA compliance • Significance of Trust and Relationships

  17. Accessing Grant Funding • IEUA has a long history of obtaining grant funding • Confident grant funding could be accessed to fund project • Remedy emphasized capital investment to achieve minimal future O&M costs • Funding Obtained From: • Companies/U.S. Department of Defense • Grant Funding – USBR and Prop 1 • City of Ontario – Contingency funding • IEUA responsible for all remaining costs

  18. Innovative Administrative Settlement • Standard contractual settlement between parties • Stipulated Settlement and CAO with Regional Board facilitated resolution • Regional Board confident remedy would work • Parties received releases and covenants not to sue from the Regional Board • Parties also got contribution protection • In exchange for helping to solve the problem, parties got an uncommon degree of certainty

  19. Innovative Administrative Settlement, cont. A decades-old groundwater contamination problem was solved without anyone filing a lawsuit!

  20. To Litigate, or Not To Litigate

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