Bolinas Community Public Utility District
A Special Meeting Of The Board
Of Directors
September 13, 2011 270 Elm Road, Bolinas
MINUTES
1. Call to Order
11:10 a.m.
2. Roll
Directors Amoroso, Kimball, Siedman and Smith present;
director Bender absent. Director Siedman presiding.
3. Approve Stockpiling of Asphalt-Grindings at Mesa Park
parking lot.
Ellen Garber, the district’s outside counsel, briefed
the Board on the regulatory considerations applicable to the storage and
re-use of asphalt-concrete grindings. As a result of these regulatory
considerations, if the district approves the stockpiling of these grindings
at the Mesa Park parking lot, two categories of decisions need to be made
(1) the precautions to be taken at the stockpile site (i.e., tarps, wattles,
etc. to control erosion and dust; and (2) the conditions under which
the grindings can be re-used on the public rights-of-way. She noted
that available guidance from the Regional Water Quality Control Board (“RWQCB”)
indicates that the grindings should be tested for toxicity per a specific
methodology before they can be accepted at the stockpile site and/or re-used
on the public rights-of-way as road base, unless it is guaranteed that the
materials will be encapsulated under a road surface that is relatively impervious
to infiltration and are placed at least five feet about seasonally high groundwater.
In addition, materials such as these grindings typically must be placed on
a barrier surface, covered and surrounded by waddles to prevent erosion while
stockpiled. Discussion ensued about the storage protocol, testing process
and time needed, how the grindings would be re-used, potential geographic
limitations on the re-use of the grindings (i.e., not near any streambeds),
the possibility of requesting the contractor to pothole and test representative
samples of the asphalt before the grinding and repaving process actually
occurs, and so forth. Ellen Garber advised that the district engage
an environmental consultant to develop and oversee a testing and materials
management protocol.
The Board ultimately directed staff to inform the contractor offering the
grindings that the grindings must be sampled and tested at the contractor’s
expense and the test results must satisfy the RWQCB specifications before
the district can approve them to be stockpiled at the site. Alternatively,
if the grindings can not be sampled and tested before the contractor brings
them to the site, the contractor must agree to remove the grindings from
the site at the contractor’s sole expense if the test results ultimately
do not satisfy the RWQCB specifications. If neither of these alternatives
is acceptable to the contractor, the district will not accept the grindings.
Staff was further directed to confer with an environmental consultant for
guidance on the testing protocol and storage requirements.
4. Community Expression
None.
5. Adjournment
12:10 p.m.