REPORT TO THE CITY COUNCIL FROM: BROCK D. BUCHE, PE, PLS, Director Department of Public Utilities BY: AHMAD ALKHAYYAT, PE, MBA, Assistant Director Department of Public Utilities - Solid Waste Management Division SUBJECT ..Title Actions pertaining to the emergency preparation and implementation of a remediation action plan for the Fresno Sanitary Landfill (Council District 3): 1. Adopt a finding of Categorical Exemption per staff determination, pursuant to Section 15308 (Class 8) of the California Environmental Quality Act guidelines for the remedial action project for the Fresno Sanitary Landfill; 2. ***RESOLUTION - Declaring an urgent necessity for the preservation of life, health, property and authorizing the City Manager or designee, to enter into agreements without advertised competitive bidding for the preparation and implementation of emergency remediation plan to mitigate gas emission exceedances at the north side of Fresno Sanitary Landfill. (Requires 5 Affirmative Votes) (Subject to Mayor's Veto) ..Body RECOMMENDATION Staff recommends the City Council adopt findings of Categorical Exemption pursuant to Section 15308 (Class 8) and adopt a Resolution declaring an urgent necessity for the preservation of life, health, and property; and authorizing the City Manager or designee, to enter into agreements without advertised competitive bidding for the preparation and implementation of the remediation plan for the Fresno Sanitary Landfill (FSL). EXECUTIVE SUMMARY On June 24, 2024, staff monitored the perimeter probes around the FSL and detected high percentage of methane gas at perimeter probe MMW5B above the permitted limit of 5 percent by volume in air. The gas reading was subsequently reported to the United States Environmental Protection Agency (USEPA). The USEPA then issued a letter to the City demanding immediate corrective action. A declaration of Urgent Necessity is now necessary for the preservation of the life, health, and safety of the surrounding area. The Resolution will allow the Department of Public Utilities (DPU) to procure services without advertising for competitive bids and enter into various agreements for performing the necessary emergency remediation action plan, estimated at an amount not to exceed $611,679 and additionally with construction management cost not to exceed $50,000 for a total cost of $661,679. A proposal from Tetra Tech quotes an amount not to exceed $611,679 for landfill gas improvements and Operation, Maintenance, and Monitoring services (OM&M). BACKGROUND In June 1998, the City of Fresno entered into an agreement with the USEPA to conduct the final cleanup of the FSL. Since 1998, the City has undertaken ongoing remediation at the FSL as required by its agreement with the USEPA, with the ultimate goal of the FSL being removed from the National Priority List. As part of the ongoing remediation, monthly monitoring of the perimeter probes around the FSL is necessary to monitor landfill gas migration. During the June 24, 2024, monitoring event, staff detected an increase in the level of methane in perimeter probe MMW5B exceeding the allowable limit of 5 percent by volume in air. These imminent high readings present a risk to the health and safety of the community and the essential operations of the landfill gas collection and control system of the FSL and require a Declaration of Urgent Necessity (Declaration) to address. The Declaration will authorize dispensing of the competitive bid process to expedite the procurement of contractor services for the preparation and implementation of an emergency remedial action plan for the FSL. The City Attorney has reviewed and approved the Resolution as to form. ENVIRONMENTAL FINDINGS This project is under the oversight of the USEPA and the California Department of Toxic Substances. The City of Fresno's FSL was placed on the National Priority List in 1989 due to migrating gases from years of receiving waste of all types at an unlined sanitary landfill. Staff has determined that a Categorical Exemption is appropriate, based on Class 8 Section 15308 of the California Environmental Quality Act guidelines. This section exempts actions taken by regulatory agencies, as authorized by state or local ordinance, to assure the maintenance, restoration, enhancement, or protection of the environment where the regulatory process involves procedures for the protection of the environment. This project involves compliance with requirements set forth by a regulatory agency for the protection of the environment. LOCAL PREFERENCE Local preference was not implemented because this action is being performed on an emergency basis. FISCAL IMPACT There is no impact to the General Fund. The project is located in Council District 3. Funding for this project is budgeted and funded through the City Landfill Post Closure Fund FY 2024 Budget. The City Landfill Post Closure Fund is funded equally by residential and commercial solid waste resources. Attachments: Resolution of Urgent Necessity Proposal - FSL Emergency Landfill Gas Improvements and OM&M Services