1. 1 ICs at the WDI Superfund Site Brownfields 2004 St. Louis, MO Sarah Mueller U.S. Environmental Protection Agency Office of Regional Counsel Region 9, San Francisco

2. 2 Overview ……….……………..…… Santa Fe Springs Los Angeles County 38-acre site Industrial land use Surrounding uses –Residential –Industrial –High School 22 parcels 17 owners Multiple tenants & businesses WDI view …...Los Nietos Rd…... …...Santa Fe Springs Rd. ……. ……. Greenleaf Ave. ……

3. 3 Overview ……………………..…… Reservoir Area – 42 million gals. – 600 ft. dia. 20 Structures Extent of Waste N

4. 4 Site Remedy Listed on NPL in 1987 Amended ROD signed in 2002 Remedy includes: –RCRA-equivalent cap over reservoir –Engineered cap over waste in other areas –Soil gas system –Liquids collection, treatment, and disposal –Groundwater monitoring –Engineering controls –Institutional controls

5. 5 IC Objectives Notify site users of presence of hazwaste Notify site users of location of remedial systems Prohibit residential land use Minimize potential for exposure to hazwaste Protect integrity of the remedial systems Access for EPA, State, and parties conducting RA

6. 6 IC Mechanisms Restrictive covenants recorded on each parcel: –Calif. Civil Code § 1471 –Runs with the land; binds subsequent owners –Includes specific restrictions on use EPA to work with the City to ensure that City’s redevelopment plan is consistent with IC objectives

7. 7 Redevelopment City is eager to redevelop site for industrial use Superfund Redevelopment Initiative grant: $100K Specific plan for site redevelopment –Consistent with IC objectives and use restrictions EPA considered potential reuse in analysis of remedial action alternatives Remedy is compatible with redevelopment

8. 8 Challenges Multiple parcels and multiple owners Small businesses with no Superfund experience Divergent opinions on redevelopment among owners Duration of ICs Viable and reliable covenantee needed

9. 9 PRP Settlements Generator Consent Decree -- August 2003 –Performance of RA and O&M –Monitoring and enforcement of ICs –Construction started February 2004 11 Landowner Consent Decrees -- March 2004 –Execute and record Environmental Restriction Covenants (ERCs) –ERCs currently recorded for 8 parcels

10. 10 Environmental Restriction Covenants ERCs require identical use restrictions Covenantor = Owner Covenantee = WDIG Site Trust –monitor and enforce use restrictions EPA and DTSC are 3rd-party beneficiaries

11. 11 WDIG Site Trust Created by settling generators Can hold property interests Could acquire, consolidate, and sell site parcels Covenantee of ERCs –Enforcement of ERCs –Reporting to EPA Oversight by EPA

12. 12 ERCs Compatible with Redevelopment Exceptions process Consistency of use restrictions: –In all site documents –On all parcels Good for developer – consistency and certainty Good for EPA – compliance is easier Good for community – prevent exposure and promote beneficial reuse of site

13. 13 Lessons Learned Include IC details in Agency decision documents/ workplans Draft and negotiate IC documents early Resource-intensive: –Multiple Settlements –Exceptions process? Need to educate and collaborate with all stakeholders early