STATE OF CALIFORNIA. Department of Toxic Substances Control Report of Investigation Rev 4/08 Case Number: 914561-48 914562-48 Date of Complaint: 04/12/2016 EPA Number: N/A Hauler Reg. Number: N/A Date of Report: 02/08/2017 Subject: City of Sacramento (d.b.a)(a.k.a.)(c/o): Parks and Recreation Department, Mangan Pistol and Rifle Range Address: 2140 34" Street, Sacramento, California 95824 Allegation: legal disposal of hazardous waste Findings / Disposition: REG&CtSC titi Recommendations: This supplemental information should be considered along with the original Report of Investigation which was dates 09/04/2018. [case Closed — XSupplemental Other Case sent to C City Attorney 2 District Attomey CUS, Attomey L] Attorney General [] Other ‘Summary ‘Supplemental interviews were conducted to determine why the City of Sacramento failed to initially test the surface soil for lead. The supplemental investigation revealed the City communicated the request for surface lead samples, however due to ese Samples were not initially taken. Ori Complaint Sent to Complaint Hotline/ Sacramento Bee ArticleMangan Gun Range Supplemental Page 2 Case Number: 91456-48, 914562-48 Details: On January 9, 2017, | interviewed Robert Kull, Principal Engineer with Stratus Environmental Incorporated (Stratus) regarding the sampling events that took place at the Mangan Park Gun Range located at 2140 34th Avenue, Sacramento, California 95822. Also present at this meeting was the owner CEO of Stratus, Jay Johnson. Kull is a Principle Engineer, Project Manager and supervisor with Stratus. Kull has a Masters Degree in Civil Engineering and is a registered Civil Engineer. In addition, Kull is Department of Occupational Safety and Health Administration (OSHA) 40 hour Hazardous Waste Operations and Emergency Response (Hazwoper) certified, and is registered Professional Engineer in Oregon. Kull has been conducting this work for 20 years. Kull has received a two day training on lead remediation and receives continuing education but has never received Califomia Department of Public Health Training for lead abatement, Kull previously worked with The Westmark Group doing a similar job. His day to day duties include conducting phase 1 and phase 2 site assessments and site remediations, During this work, Stratus was a subcontractor for the Westmark group pursuant to the City of Sacramento's Master Service Agreement (MSA). Kull provided me with a copy of this MSA. (Exhibit 1) Under the MSA, there was a proposal generated entitled “Proposal for Mangan Park, Indoor Gun Range- Soil Sampling and Reporting’ dated March 22, 2016. (Exhibit 2) This was the basis for the sampling at the Mangan gun range and provided the scope of work. According to Kull, a City official asked for soil samples to be taken at 1 and 2 feet Below Ground Surface (BGS) via an email, for characterization purposes. | asked for this email and Kull was unable to provide a copy of the email at the time of the interview. Kull was not present at the time of the sampling, but his staff member, Christopher Hill was present. Kull stated Stratus has a standard sampling plan which was used at this site, (Exhibit 3) The purpose of the 1 and 2 feet BGS is to determine the vertical impacts on the soil and determine a waste classification if necessary. A secondary issue is determining where the waste material was to be taken for disposal to determine a cost estimate. Kull understands that once this became a public health issue this was referred to Entek to take samples, because they are CDPH certified. The City would come back and take some surface sampling at a later date. Stratus was contracted for site characterization sampling and hazardous waste remediation, if appropriate. This is normal for contracts to be broken up this way as it is difficult for one environmental company to have all of the necessary certifications, training and equipment; therefore companies are broken up by specialty. Kull was not at the site for the sampling, City ofMangan Gun Range Supplemental Page 3 Case Number: 91456-48, 914562-48 Sacramento, Environmental Program Manager Karl Kurka was at the site to direct Christopher Hill on where to take the samples. Kull stated on May 4, 2016, Entek produced a report showing the extent of contamination at the site. (Exhibit 4) | asked Kull whether Title 17 and the CDPH lead abatement standards apply to the work that Stratus completed at the site, and he responded it does not. Kull stated, based on the scope of work, to conduct sampling for a site characterization, this section does not apply. Kull then cited California Code of Regulations Title 17, Division 13, part 1.5 Section 35038, that "Lead Hazard Evaluation” does not include “testing components removed from a residential or public building for lead to determine the applicability of hazardous waste requirements specified in Title 22..." which was the purpose of their sampiing. | then spoke with Christopher Hill, Senior Field Technician for Stratus. Hill has been doing this work for 30 years, received soil sampling, industrial hygiene and field sampling from UC Davis. Hill does not have any certificates in his possession. In addition Hill received his 40 hour Hazwoper training with annual refreshers. Hill has not received any specific sample training for lead. Hill followed Stratus’s sampling plan for the samples taken at the site. Hill arrived at 2140 34th Avenue, Sacramento, California 95822, on April 1, 2016, at 11:30 am and drafted a hand drawn map. Kurka arrived just after this and walked the property then provided Hill a map on the location for samples. Hill and | viewed on a map sites where samples were to be taken from as identified by Kurka. Hill provide me copies of his hand drawn map provided by Kurka, and the aerial photograph with notations on where these samples were taken which was provided by Kurka. (Exhibit 5) The sample locations did not deviate from the locations identified by Kurka and were taken at 1 to 2 feet BGS. Hill stated the bullet trap door was pointed out by Kurka for sampling and Hill did not see any obvious contamination around the building Kurka asked for a sample to be. taken at this site. According to Hill these samples were taken at 1 to 2 feet BGS per Kurka’s request. Hill used @ hang auger and slide hammer sampling kit to sample at each site. This was accomplished by using the auger to remove overburden to eight inches and take a sample using a six inch sleeve and then remove overburden to 18 inches to take a sample. This process was repeated at each location, except sample SB-2 which had to be relocated due to a water pipe. A total of 14 samples were taken. It is normal to take samples at 1 and 2 BGS. When asked why they would take samples at depth when lead settles on the surface, Hill responded this was based on the customer's (City ofMangan Gun Range Supplemental Page 4 Case Number: 91456-48, 914562-48 Sacramento's) request. Hill only knew the City was looking for lead contamination at the site, not the ultimate scope or purpose of the sampling event. Kull then stated that he was the one that coordinated the sampling and that Hill was only involved with sampling, not the planning or analysis of the sampling event. Kull believes the City wanted to understand the vertical extent of any contamination. There was no discussion on avoiding any sampling area or to achieve a particular result. Hill did not observe anything unusual at the site while sampling to indicate contamination. The sample analysis was chosen by Kurka and the City of Sacramento, On January 10, 2017, | interviewed Karla Kurka, Environmental Program Manager for the City of Sacramento. The purpose of the interview was to examine the facts and circumstances surrounding the April 1, 2016 sampling of the Magnan Park Gun Range located at 2140 34th Avenue, Sacramento, California 95822. Kurka has a Bachelor of Arts degree in Biochemistry and a Master's Degree in Environmental Science. Kurka has worked for the Florida Department of Environmental Protection for 10 years and has worked for the California Water Conservation Council for two years. Since 2008, Kurka has worked for the City as the Environmental Program Manager in the real estate division focusing on site remediation such as the railyard and redevelopment projects. Kurka has had no annual or professional development training since being hired by the city of Sacramento other than required Hazardous Waste Materials Operations (HAZWOPER) training. Kurka has had no training in California Department of Public Health (CDPH) lead assessment and evaluation training per Califomia Code of Regulations Title 17. In mid-March 2016, Kurka was contacted by somebody in the City of Sacramento Parks Department to do a site characterization on the Magnan Gun Range. Kurka, familiar with tile 22 Califomia Code of Regulations, contacted Stratus to conduct a site characterization consisting of several samples. Stratus was hired because the City of Sacramento has an on-call contract with The West mark Group and Stratus is their local subcontractor. On March 21, 2016, Kurka contacted Mike Clegg of Stratus to conduct a site evaluation of the Mangan park gun range. This verbal conversation was followed by an email On March 21, 2016 at 2:21 P.M. which stated “we would like to take some lead soil samples. around the perimeter of the former gun range building" and the samples should be taken at "surface and a few at 2’ bgs and run them for total lead." (Exhibit 1) According to Kurka, the purpose of the sampling was to conduct a site characterization for a possible cleanup. When'l asked Kurka for the ‘specific sampling purpose, Kurka stated it was to determine the potential cost for a site cleanup if necessary and provide staff with options for site demolition and remediation versus site renovation.Mangan Gun Range Supplemental Page 5 Case Number: 91456-48, 914562-48 On April 1, 2016, Kurka arrived at the site walked the entire perimeter to identify the areas likely contaminated with lead. This included sampling the rain downspouts as well as the bullet trap door, were lead bullets would be pulled from the interior of the building. Kurka then told the sampler, Chris Hill, from Stratus Environmental to pull samples from the site as indicated in his site map. (Exhibit 2) This included 10 total samples at five sites on the property of different depths, Kurka was under the impression that the samples will be taken at the surface and 2 feet below ground surface per the email, but did not wait around to observe the sampling. Kurka believed this would be a composite sample to get accurate representation of the site characterization. When | asked Kurka if he told Hill where to take the samples, Kurka stated he does not remember having a specific conversation with Hill and assumed everything was going to be taken per the email, A few days later, Kurka received the test results. Kurka reviewed these results but did not notice that the samples were taken below surface level. The results were forwarded up the chain for action. Kurka then read the Sacramento Bee article on April 10, 2016. This article alleged the sampling indicated high lead levels on the property that were not detected by Kurka's sampling. On April 13, 2016, Kurka hired Entek to conduct a new round of sampling based on the information provided in the Sacramento Bee article. Kurka ensured Entek was CDPH certified to conduct this sampling. Kurka ensured these samples were taken pursuant to CDPH standards. | asked Kurka why the City failed to catch that the sample was taken at depth and did not capture the sample on the surface. Kurka stated that he was unaware of the CDPH training and sampling “just the thin crust from the top" for lead. When taking samples from the site, Kurka stated he was not looking for aerial application of lead but is used to looking for subsurface contamination for site characterizations. Kurka is familiar with composite sampling site characterization and remediation but not sampling based on CDPH standards. In addition, Kurka did not catch the April 15, 2016 transmittal memo regarding the sampling taking place at 1” and 2 BGS from Rob Kull, although this memo was developed out after the Sacramento Bee article. On January 19, 2017, | interviewed Kurka regarding the discrepancy between the request for surface samples and the sample testing at 1 to 2 feet BGS. Kurka sent me the following email which encapsulates the discussion. “Good morning Mr. Stone,Mangan Gun Range Supplemental Page 6 Case Number: 91456-48, 914562-48 Ihave prepared this email in response to the emails you presented to me titled Mangan Range building dated Friday, March 18, 2016 (between City personnel) and Mangan Park dated Monday, March 21, 2016 (between Mike Clegg and Mr. Karl Kurka). In the emails, there is discussion of collecting surface samples and samples at depth (2 feet) at locations where elevated concentrations of lead would be expected (building perimeter and down spout locations). Chris Hill, Stratus’ Senior Environmental Technician, met Mr. Karl Kurka at the site on April 1, 2016 to collect the samples. Mr. Kurka pointed out the locations mostly likely to contain lead impacts and then left the site. Chris Hill collected the samples, and evidently there was a misunderstanding on the sample depth and therefore samples were collected at one and two feet and not at the surface. Again, I'd like to remind you that the purpose of this sampling event was for hazardous waste characterization purposes (under Title 22): to characterize the vertical extent of any potential lead impacts to determine if the soil would be classified as a hazardous waste if it were to be disposed of offsite (Class | landfill). In Section 35038 (Title 17, California Code of Regulations, Division 1, Chapter 8). Lead Hazard Evaluation: Lead Hazard Evaluation (in which you need lead certifications) does not apply when testing soils for hazardous waste characteristics. §35038. Lead Hazard Evaluation. “Lead hazard evaluation” means the on-site investigation, for compensation, of lead-based paint or lead hazards for public and residential buildings, but does not include: (a) activities intended to determine adequacy of containment; or (b) air monitoring for lead, as specified in Title 8, California Code of Regulations, section 1532.1, and Title 17, California Code of Regulations, sections 70100 and 70200; or (c) testing components removed from a residential or public building for lead to determine the applicability of hazardous waste requirements specified in Title 22, California Code of Regulations, Division 4.5, Chapters 10, 11, 12, 13, and 18, and California Health and Safety Code, section 25163, subdivision (c). Please let me know if you have any other questions. Thank youMangan Gun Range Supplemental Page 7 Case Number: 91456-48, 914562-48 Rob Kull, P.E. Principal Engineer Stratus Environmental, inc. 3330 Cameron Park Drive, Suite 550 Cameron Park, CA 95682 Direct 530-672-4017 Mobile 530-651-4200" (Exhibit 6) 3/alit Topi pe toheulebt ‘hatles Stone Investigator TT 3/8/17 Tiffany Chavez Supervising Criminal Investigator |