The City of Hermosa Beach is among three entities cited by the Los Angeles County Public Health Department--Environmental Health Drinking Water Program for drilling on the public works yard site last Tuesday without the required permits.
Brycon, LLC, a consultant out of Newport Beach, and J & H Drilling Co. Inc. out of Santa Ana were also cited for their participation in the work, which was being done on behalf of E&B Natural Resources to test soil and groundwater for contamination.
In the "Notice of Violation & Order," the city, Brycon and J & H were directed to submit a Well Permit Application by today. J & H must also submit proof of a valid California C-57 Well Water Contractor's License.
All three will also be fined, according to Richard Lavin, chief environmental health specialist with the Drinking Water Program. The fine, due by June 10th, has yet to determined, he said late Tuesday.
Permits are required for any well drilling in the state, he said. His department oversees drilling in L.A. County, with the exceptions of Long Beach and Pasadena.
Former Hermosa Beach City Manager Steve Burrell and now $168,000 consultant to EIR process did not comment. Current Mayor of Hermosa Beach Kit Bobko creator of the illegal oil settlement had no comment. Michael Divirgilio also did not return Hermosa Beach Patch's calls for a comment. Current City Manager Tom Bakaly had no comment but issued the following statement below.
HERMOSA BEACH, CA - Hermosa Beach City Manager Tom Bakaly issued the following statement in response to a request from Los Angeles County for a permit for work at the city’s maintenance yard that is part of the environmental study of the oil production project proposed by E&B Natural Resources Management Corp. (E&B).
“The work at the city’s maintenance yard involved shallow borings into the soil to obtain groundwater samples as part of the information-gathering process for the environmental review of the oil production project proposed by E&B. This is a relatively routine sampling operation for a project of this type, and it required just one day of work and little disruption of the site. While the city staff investigated the need for a state permit for the water sampling process, it was unaware that a Los Angeles County permit was needed for such work.
“We apologize for any confusion this environmental data-gathering process might have caused. The city remains committed to providing residents and voters with thorough information about the proposed oil production project and will strive to communicate more fully in the future. As part of the ongoing communication, the City Council will receive an update at its meeting on May 28 about Hermosa Beach’s General Plan, its Community Dialogue and the environmental review process for the proposed oil production project. We invite all the city’s residents to become involved in these processes to help determine the future of Hermosa Beach.”
As is often the case after a Project Application is deemed complete, the city had asked E&B for additional information for the Remedial Action Plan (RAP) submitted as part of E&B’s Project Application. A contractor for E&B conducted shallow borings in the soil at the maintenance yard to obtain groundwater samples to address soil contamination known to exist on the site because of its historic use as a landfill. This sampling process did not constitute “testing” or sampling for oil at the site: It only sought information about groundwater and is much different from oil drilling.
The information from this sampling will help the city gain more information about the groundwater conditions underlying the site and to better evaluate the effectiveness and appropriateness of the proposed RAP. Groundwater information also is essential for an accurate description of baseline environmental conditions in the Environmental Impact Report (EIR) the city will be preparing to examine all environmental impacts of the proposed project.
The city had a license agreement with E&B that gave the company and its contractors access to the maintenance yard to obtain the samples. The work was completed on May 7. Before the work began, the city had asked and determined that no state permit was required. After the work was completed, the city became aware that the Los Angeles County Public Health Department’s Bureau of Environmental Protection required a permit and that the permit should have been obtained by the geotechnical contracting company hired by E&B.
The city notified E&B of its responsibility to obtain the permit. E&B’s contractor has now filed for the appropriate permit with Los Angeles County.Related Articles:
Hermosa Beach Residents Catch E&B Drilling Without a County Permit
Hermosa Beach Patch "City Cited For Lack of Drilling Permit
