To: Delrico J. Loyd, Public Works Committee
From: Raymond Zanke, Director of Facilities and Operations
title
RE: Restrictive Covenant - Motor Pool
recommendation
BOARD ACTION REQUESTED:
Sign and Notarize the Restrictive Covenant - Motor Pool
BACKGROUND:
On October 3, 2019, Genesee County submitted a suspected release based on inventory records and petroleum odors. The dispenser that was detected to have the loss inventory was shut down and locked until it could be fixed. On October 7, 2019, Mid-Michigan Station Services (Mid-Michigan) was on-site to perform an inspection of Dispenser 2. Upon investigation, a very small leak was found and repaired at the dielectric union. On October 14, 2019, Atlas was on-site to collect soil samples below the dispenser. The dispenser had no sump. A soil sample was collected from below the dispenser and screened for the presence of Volatile Organic compounds (VOCs) using a photo-ionized detector (PID). The PID reading was at 5,000 parts per million (ppm). Atlas submitted the sample to Quantum Laboratories (Quantum) in Wixom, Michigan for Michigan unleaded gasoline parameters (ULG). On October 16, 2019, US Tank Alliance was on-site to test the dispenser, distribution lines, and tanks. The tests for all of these components passed. Atlas received the analysis from Quantum. Based on that data, a Confirmed Release Report was submitted to LARA. On October 18, 2019, LARA upgraded the suspected release to a confirmed release, with a release number C-0225-19.
On January 9-10, 2020, six monitoring wells were installed to evaluate the LNAPL release area. On January 31, 2020, all monitoring wells were gauged and groundwater samples were collected from monitoring well MW-2 via low-flow sampling procedure. All other monitoring wells could not be sampled because they were dry. The Initial Assessment Report was submitted to Michigan Department of Environmental, Great Lakes, and Energy (EGLE) on April 6, 2020.
On October 2020, Genesee County Motor Pool replaced the dispenser islands, installed new dispenser sumps, upgraded the piping, and replaced the pavement around the dispensers and over the UST field. All removed soil was reused on-site and no samples were collected. Monitoring wells MW-1 through MW-6 were gauged on December 2, 2020; however, there was insufficient groundwater for sampling at all monitoring wells. Monitoring wells MW-1 through MW-6 were also gauged on February 2, 2021; however, there was insufficient groundwater for sampling at all monitoring wells. On May 14, 2021, the Final Assessment Report was submitted to EGLE.
An Insufficient Information Letter dated November 22, 2021, was sent by EGLE and Atlas submitted a response letter on December 7, 2021. On April 14, 2022, five soil borings were installed to address the concerns listed in the letter. On May 6, 2022, monitoring wells were gauged but were not sampled because they were dry. After a review of the site conditions, Atlas determined the corrective action plan presented in the May 2021 FAR remains the best option for the site to move the site to closure. A restrictive covenant was drafted.
On August 1, 2023, EGLE issued a Notice of Violation - Violation Notice for Failure to Submit Final Assessment Report. Atlas contacted EGLE and discussed the reasons why this was issued and it was due to an approved Final Assessment Report was not on file (as the Final Assessment Report Atlas submitted was not approved by the State). EGLE requested a Compliance Plan which Atlas submitted on August 18, 2023. On August 31, 2023, EGLE submitted an Acceptance of Compliance Plan. Atlas submitted the Restrictive Covenant to EGLE to review on August 31, 2023, and received comments back on September 9, 2023. Atlas will finalize the Restrictive covenant and send it to Genesee County for review and a notarized signature. The Closure report is due on January 31, 2024, based on the compliance plan submitted to EGLE.
DISCUSSION:
No further discussion.
IMPACT ON HUMAN RESOURCES:
There is no impact on human resources.
IMPACT ON BUDGET:
There is no impact on the budget.
IMPACT ON FACILITIES:
May limit or impact unrestricted use of the property to prospective purchasers or users of this property.
IMPACT ON TECHNOLOGY:
There is no impact on technology.
CONFORMITY TO COUNTY PRIORITIES:
Healthy, Livable, & Safe Communities - Protecting public health, with the restrictive covenant and corrective action plan so that current and future land users are aware and take the necessary steps to utilize the property in a safe and acceptable manner.
TO THE HONORABLE CHAIRPERSON AND MEMBERS OF THE GENESEE COUNTY BOARD OF COMMISSIONERS, GENESEE COUNTY, MICHIGAN
LADIES AND GENTLEMEN:
BE IT RESOLVED, by this Board of County Commissioners of Genesee County, Michigan, that the request by the Facilities and Operations Director to allow the Director of Administration to sign and notarize the declaration of restrictive covenant for a restricted nonresidential corrective action, EGLE Reference No: RC-RRD-213-23-004 is approved (a copy of the memorandum request being on file with the official records of the January 17, 2024, meeting of the Public Works Committee of this Board).