4.12 PUBLIC HEALTH AND SAFETY 4.12.1 Regulatory Setting17 18 16 22 Figure 4.12-1 Listed Facilities...

Chapter 4 Affected Environment; Environmental Consequences; and Avoidance, Minimization, and Mitigation Measures 4.12 Public Health and Safety

4.12 PUBLIC HEALTH AND SAFETY This section evaluates potential environmental effects related to hazardous materials and waste in the Proposed Action area and associated public health and safety impacts that could result from the Proposed Action. This section is based in part on an Initial Site Assessment (ISA) that was prepared for the Proposed Action (Appendix H). 4.12.1 Regulatory Setting The primary federal laws regulating hazardous waste/materials are the Resource Conservation and Recovery Act of 1976 (RCRA) and the Comprehensive Environmental Response, Compensation and Liability Act of 1980 (CERCLA). The purpose of CERCLA, often referred to as Superfund, is to clean up contaminated sites so that public health and welfare are not compromised. RCRA provides for “cradle to grave” regulation of hazardous waste. Other federal laws include: Community Environmental Response Facilitation Act (CERFA) of 1992 Clean Air Act Safe Drinking Water Act Occupational Safety & Health Act (OSHA) Atomic Energy Act Toxic Substances Control Act (TSCA) Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA)

In addition to the statutes listed above, EO 12088, Federal Compliance with Pollution Control, mandates that necessary actions be taken to prevent and control environmental pollution when federal activities or federal facilities are involved. Worker health and safety and public safety are key issues when dealing with hazardous materials that may affect human health and the environment. Proper disposal of hazardous materials is vital if such materials are encountered during project construction. 4.12.2 Affected Environment The ISA prepared for the Proposed Action (Appendix H) included a review of topographic, geologic, and historic documents and maps; site reconnaissance; and review of regulatory agency database/files to document recognized environmental conditions (RECs) within the vicinity of the Proposed Action, and evaluated the potential for those RECs to present a threat to human health or the environment. RECs are defined by ASTM International (ASTM) E1527-05 as “the presence or likely presence of any hazardous substances or petroleum products on a property under conditions that indicate an existing release, a past release, or a material threat of a release of any hazardous substances or petroleum products into structures on the property or into the ground, groundwater, or surface water of the property.” The ISA was prepared in accordance with the ASTM Standard Practice for Environmental Site Assessments (Designation E1527-05). The results of the ISA are summarized in this section.

San Dieguito River Bridge Replacement, Double Track, and Del Mar Fairgrounds Special Events Platform Environmental Assessment 4.12-1 October 2014


Study Area History Historic land uses within the vicinity of the Proposed Action were identified through review of available historical aerial photographs and historical topographic maps. Based on the historical aerial photograph and topographic map review, a rail bridge and railroad tracks have existed within the project limits since at least 1904. The earliest photograph reviewed, dated 1939, covers only the central portion of the project area, and shows agricultural land use to the north of Via de la Valle. The area adjacent to the south of the project limits appears to have been undeveloped. The Del Mar Fairgrounds were present adjacent to, and east of, the project limits. The next photographs reviewed chronologically were dated 1947/1948 and covers only the central and northern portion of the project area (near Lomas Santa Fe Drive). The central portion of the project area and vicinity appear similar to the previous aerial photograph (1939). Highway 101 was present to the west of the project area and Lomas Santa Fe Drive was present to the north. Scattered commercial or residential development appears to have been present to the east of the project area. By 1953, sparse residential development had occurred to the west of the project area and south of the Del Mar Fairgrounds. A combination of commercial/industrial, residential, and vacant properties appears to have been present to the north of the Fairgrounds. By 1963/1964, residential development had increased north and south of the Fairgrounds. Wetlands to the south of the Del Mar Fairgrounds had been filled and were utilized as part of the Fairgrounds property. In the 1974 photograph, which covers only the central portion of the project area, the project area and vicinity appeared similar to the previous photograph. In 1980, the project area appeared to be similar to the 1963/1964 and 1974 photographs, except that the project area was becoming more densely developed, including a second, smaller race track visible to the northwest of the race track at the Fairgrounds. In the 1989/1990 photographs, the project area appeared similar as the previous photograph, with the exception of additional fill near the mouth of the San Dieguito River. The 1994, 2005, and 2012 photographs all appear to be similar to the 1989/190 photographs. In addition to historic photographs, topographic maps showing the project area also were reviewed. The 1967 and 1975 topographic maps depict a fire station adjacent to the east of the Proposed Action area, as well as a filtration plant and sewage disposal ponds to the southeast. Environmental Database Review A search and review of federal, state, local, and regional environmental regulatory agency databases was conducted to identify facilities of potential environmental concern within the vicinity of the Proposed Action. Properties listed on regulatory databases reporting unauthorized releases of hazardous materials or wastes are identified and described in Table 4.12-1, Summary of Regulatory Agency Database Review, and their locations are identified on Figure 4.12-1, Listed Facilities of Potential Environmental Concern. These properties were listed on the leaking underground storage tank (LUST), Spills, Leaks, Incidents and Cleanup (SLIC), San Diego County Site Assessment and Mitigation (SAM), or other regulatory databases. Information regarding the case status was supplemented from the SWRCB GeoTracker website and/or the California Department of Toxic Substances Control (DTSC) EnviroStor website.


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Listed Facilities of Potential Environmental Concern

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Table 4.12-1 SUMMARY OF REGULATORY AGENCY DATABASE REVIEW

Map ID1

Facility Name and Location

Description

1 The Gas Station ETC 435 North Highway 101 Solana Beach, California

This property has a closed unauthorized release case (H03598-001) for an unspecified fuel release. The type of release (i.e., soil or groundwater) was not specified. The case was closed in January 1987.

2 Solana Beach School District 356 North Cedros Avenue Solana Beach, California

This property has a closed unauthorized release case (H20853-001) for an unspecified contaminant that impacted soil only. The case was opened in April 1986 and closed in November 1986.

3 Solana Beach Fire Department 102 North Nardo Avenue Solana Beach, California

This property has a closed unauthorized release case (H20854-001) related to a gasoline UST that was removed in July 1986. The release impacted soil only and was closed in October 1990.

4 Coast Rentals 153 North Highway 101 Solana Beach, California

This property has a closed unauthorized release case (H35622-001) that was opened in October 1995, and was related to waste oil and chlorinated VOCs. The release impacted soil only and the case was closed in March 1997.

5 Solana Beach Transit Center (First Transit, Inc.) 105 North Cedros Avenue Solana Beach, California

This property is the location of the NCTD Solana Beach Station. During construction activities, petroleum hydrocarbon-impacted soil and groundwater contamination were encountered and an unauthorized release case (H03700-001) was opened in November 1994. The source of contamination was unknown. The case was closed in February 1995.

6 Bill Smith Foreign Car 136 North Cedros Avenue Solana Beach, California

This property had an unauthorized release case (H12335-001) related to a waste oil UST that impacted soil in December 1988. The case was closed in March 1989.

7 Ban’s Cleaners #2 124 Lomas Santa Fe Drive Solana Beach, California

This property was a dry cleaner that had a release of chlorinated VOCs (H29317-001). Impacted soil was excavated and disposed of off site. The case was closed in May 2006.

8 Unocal Service Station #7494 101 South Highway 101 Solana Beach, California

This facility had an unauthorized gasoline release that impacted soil and groundwater. A case (H05731-01) was opened in July 1992. An unspecified quantity of soil was removed and disposed of off site. The case was closed in June 1995.

9 Culligan Water Conditioning 111 South Cedros Avenue Solana Beach, California

This case (H05381-001) was opened in April 1995 when contaminated soil was encountered during excavation for the NCTD railroad station. The case was closed because residual soil was found to not pose a threat to human health or the environment.

10 Hang-Up Square (Solana Beach Chiropractic) 155 South Highway 101 Solana Beach, California

This property has a closed case (H32969-001) involving a waste oil UST that was removed in October 1993. The case was reportedly soil only and was closed in January 1997.



Table 4.12-1 (cont.) SUMMARY OF REGULATORY AGENCY DATABASE REVIEW

Map ID1


Description

11 Bills Cab 201 South Highway 101 Solana Beach, California

During redevelopment of this property, an UST was encountered and an unauthorized release case was opened (209847-001) in November 2008. Remedial activities included removal of 13.4 tons of petroleum-impacted soil. The case was closed in February 2011.

12 337 & 341 South Cedros 337 South Cedros Avenue Solana Beach, California

This property was formerly occupied by Union Oil Company and operated a station with fuel ASTs from 1923 to 1974. A case was opened (H22863-001) to evaluate potential health risks associated with redevelopment. Assessment activities found low concentrations of petroleum hydrocarbon-related VOCs and the case was closed in October 2011.

13 CBS Scientific Company, Inc. 420 South Cedros Avenue Solana Beach, California

This property has a closed unauthorized release case (H09505-001) for an unspecified contaminant that impacted soil only. The case was opened and closed in February 1992.

14 Dr. Milton and Une Ullman 343 South Highway 101 Solana Beach, California

This property has a closed unauthorized release case (H26441-001) related to a waste oil tank that was removed in February 1988. The release impacted soil only. The impacted soil was excavated and disposed of off site, and the case was closed in August 1988.

15 Beachwalk Cleaners 437 South Highway 101 Solana Beach, California

This facility is a dry cleaner with a closed unauthorized release case (H26485-001) related to a “gasoline” release that impacted soil. The case was opened in April 1988 and closed in June 1988.

16 USMC Camp C.J. Miller Del Mar Fairgrounds and Race Track

According to the Defense Environmental Restoration Program Findings of Fact document dated September 21, 1999, the Proposed Action area was located within Camp C.J. Miller, a U.S. Marine Corps facility that utilized the Del Mar Fairgrounds and Race Track beginning in 1942. Marines from Camp Elliot, and possibly Camp Pendleton, camped in the horse stalls and participated in horse riding, conditioning, and hand-to-hand combat training. Marine Paratroopers also practiced beach landings with rubber boats. The Marines made no physical improvements to the site and discontinued their use in 1943. The Fairgrounds resumed operation in 1946.

17 Del Mar Thoroughbred Club Del Mar Race Track

This facility has three closed unauthorized release cases (H04644-001 through -003). The three cases were for gasoline and diesel releases that impacted soil and groundwater. Impacted soil was excavated and disposed of off site. The cases were closed in September 2000.




Map ID1


Description

18 22nd District Agricultural Association (Cirque du Soleil America, Inc.) 2260 Jimmy Durante Boulevard Del Mar, California

This facility has a closed unauthorized gasoline release case (H03436-001) that impacted soil only. The release was discovered during a tank closure in October 1997 and closed in October 2000.

19 John C Read Construction Co. 2126 Jimmy Durante Boulevard Del Mar, California

This facility has two closed unauthorized release cases (H20144-001 and -002). The first case (-001) was for a gasoline release discovered during a tank closure in July 1988. The release impacted soil and groundwater. Impacted soil was excavated and disposed of off site. The case was closed in September 1995. The second case was related to a failed tank integrity test in July 1988. The case was closed in August 1988.

20 Del Mar Dump Jimmy Durante Boulevard and the San Dieguito River Del Mar, California

The site is the location of a historical dump. The case status is open / inactive.

21 San Dieguito Wetlands Project 2126 Jimmy Durante Boulevard Del Mar, California

In May 2012, as part of this project, suspected hydrocarbon-impacted soil was encountered while drilling test holes. A case (208049-002) was opened. Approximately 170 tons of asphaltic demolition wastes was recovered and recycled. The case was closed in September 2012.

22 U.S. Navy Dirigible Base According to the Defense Environmental Restoration Program Finding of Facts dated September 29, 1999, the Navy Dirigible Base was located approximately 0.75 mile southeast of the Proposed Action area. The Navy acquired approximately 80 acres of land for use as an auxiliary airfield and emergency landing strip for NAS San Diego. The site was designated in 1942 for use for lighter-than-air dirigible aircraft. Improvements included six buildings, five ordinance magazines, a septic tank and lines, a 12,000-gallon gasoline UST, landing mat, and roadways. In 1947, the Navy quitclaimed the property to the County of San Diego for use as a municipal airport. In 1959, the property was transferred to the State of California to allow for the construction of I-5. Currently, 26 acres of the property are owned by the State of California as part of the I-5 right-of-way and 54 acres of it are owned by the San Dieguito River Regional Park Joint Powers Authority.




Map ID1


Description

23 Powerhouse Park 1638 Coast Boulevard Del Mar, California

This property has a closed case (H26426-001) involving a diesel UST that was removed in December 1987. The case was reportedly soil only and was closed in March 1988.

24 City of Del Mar 1658 Coast Boulevard Del Mar, California

A heating oil tank was removed from this property and a case was opened in March 1987. The case was reportedly soil only and was closed in August 1994.

N/A2 Solana Beach Burn Site Solana Beach, California

This site is an old municipal waste burn dump. The case status is open/inactive. Based on information obtained from the California Department of Resources Recycling and Recovery (CalRecycle) website, the burn site is plotted incorrectly as actually located greater than 0.5 mile northeast of the project area.

Source: Ninyo & Moore 2014 (Appendix H). 1 Refer to Figure 4.12-1 for locations of these facilities. 2 This site is not shown on Figure 4.12-1 because this burn site is plotted incorrectly and is actually located greater than

0.5 mile northeast of the project area.

Site Reconnaissance A field reconnaissance was conducted in August 2012 and April 2014 to observe and assess the potential for RECs within and adjacent to the project limits. Properties were viewed from public rights-of-way (e.g., streets, sidewalks) and from the Del Mar Fairgrounds. During the site reconnaissance, railroad components, most notably wooden railroad ties were observed within the project limits, and pad-mounted transformers were observed along public roadways and the rail ROW within the project limits. 4.12.3 Environmental Consequences The ISA identifies the potential for encountering soil and/or groundwater contamination at the Proposed Action area as low. No conditions that would preclude development of the Proposed Action were identified, and construction of the Proposed Action is considered feasible from a public health and safety perspective. A number of potential hazardous waste/materials issues were identified, however, and associated recommendations are provided to address these concerns. Specifically, these recommendations include preparing a soil and groundwater management plan to address encountering areas of potential environmental concern, as well as preparing a site-specific Health and Safety Plan. The soil and groundwater management plan would be prepared if soil contamination is suspected or encountered during subsurface excavation activities. This plan would describe required procedures for managing and disposing of contaminated waste soils, required measures to reduce potential human health risks from exposure, and measures to reduce the risk of impact to the environment. Potential safety concerns related to soil stability are addressed in Section 4.14, Geology and Soils, of this EA.



Based on available information, anticipated potential hazardous materials and safety concerns are provided below, with associated avoidance, minimization, and mitigation measures described in Section 4.12.4 (and identified concerns/measures to be updated as appropriate with implementation of a soil and groundwater management plan, and a site-specific Health and Safety Plan). Action Alternatives The following analysis of potential hazardous waste/materials and public health and safety impacts is applicable to all of the Action Alternatives. Implementation of any of the three Action Alternatives would encounter similar groundwater and soil conditions, with the type and nature of associated potential impacts also therefore essentially the same. That is, while the specific locations and extent of these impacts could vary slightly among the Action Alternatives, the overall impact nature and level, as well as the associated requirements to address these potential effects, would be similar. Construction Impacts Potential impacts related to hazardous waste/materials and public health and safety during construction include exposure to RECs from nearby properties of potential environmental concern, former land use, current land use, hazardous building materials, and construction materials, as outlined below. Listed Facilities of Potential Environmental Concern Listed facilities of potential environmental concern were identified within the Proposed Action area (refer to Table 4.12-1). Of these facilities, 22 had documented unauthorized releases that impacted soil and/or groundwater in the Proposed Action area; however, all 22 facilities have a closed case status1 and are located between a quarter and half mile from the Proposed Action area. Given the closed case status, distance from the project limits, and the length of time since cases were closed, the potential for encountering soil and/or groundwater contamination within the project limits is anticipated to be low. Preparation of a soil and groundwater management plan and a site-specific Health and Safety Plan would be required if soil contamination is suspected or encountered during construction activities. The Proposed Action would conform to applicable OSHA and California Division of Occupational Safety and Health (Cal/OSHA) regulatory/technical standards to ensure worker safety during construction. Former Land Use Areas generally north of Via de la Valle and adjacent to the railroad, as well as south of the San Dieguito River generally within the vicinity of the Proposed Action, were previously used for agricultural purposes. It is possible that pesticides, herbicides, and/or fertilizers were applied to soils and/or stored in this area. Storage and application of such substances causes a potential environmental concern associated with on-site soils. Although the land that contained former

1 A closed case signifies that a federal or state regulatory agency has determined that a site does not require any further remediation.



agricultural uses appears to have been out of agricultural production for several decades, there is still a potential for soils to be contaminated. Contaminated soil encountered associated with temporary (construction-related) excavations could result in potential safety impacts for construction personnel. These concerns would be addressed, as previously noted, with preparation of the appropriate plans, as well as implementation of appropriate construction BMPs in conformance with applicable regulatory standards. Current Land Use The project limits and the adjoining rail corridor have been used for railroad operations for over 100 years. Chemicals associated with railroad materials, construction, maintenance, and operations could have potential temporary impacts for construction personnel due to exposure to these chemicals. Due to the presence of wooden railroad ties within the project limits and adjoining railroad track, the potential exists for creosote-treated railroad ties to be present. Creosote is a wood preservative containing polycyclic aromatic hydrocarbons (PAHs). Equipment and materials often historically used in association with railroads, such as lead and acid-containing batteries, ballast materials containing steel slag with potential regulated heavy metal concentrations, and railroad lubricators utilizing petroleum products, may also have been used along rail corridor within the Proposed Action area. In addition, herbicides were often historically sprayed on railroad ROW to prevent the growth of vegetation between railroad tracks. Soil may have been impacted by these materials. These concerns would be addressed, as previously noted, with preparation of the appropriate plans, as well as implementation of appropriate construction BMPs in conformance with applicable regulatory standards. Hazardous Building Materials Asbestos-containing building materials (ACBM) may be associated with structures (e.g., residential, commercial, industrial buildings) or infrastructure (e.g., pipeline insulation, cementitious water lines, and bridges) within the Proposed Action area. Lead-based paint (LBP) may also be present on structures or infrastructure (e.g., painted curbs, poles and roadway striping) within the Proposed Action area. Additionally, wooden infrastructure (e.g., guardrails, telephone poles, fencing) may be treated with chemical preservatives to prevent rotting due to mold, mildew, and insects, which may leach from the wood into surrounding soil. Wood preservatives may include creosote, chromated copper arsenate, alkaline copper quaternary, copper azole, bis-(n-cyclohexyldiazeniumdioxy)-copper, acid copper chromate, and chlorinated phenols. Construction of the Proposed Action could have potential temporary impacts for construction personnel due to exposure to these materials, if encountered. These concerns would be addressed, as previously noted, with preparation of the appropriate plans, as well as implementation of appropriate construction BMPs in conformance with applicable regulatory standards. As previously noted, pad-mounted transformers were observed east of the project limits within a surface parking area at the Del Mar Fairgrounds. These transformers could potentially contain polychlorinated biphenyls in dialectic fluids, which constitute a hazardous material. These transformers would not be impacted by any of the Action Alternatives and therefore, no associated adverse public health and safety impacts would occur.



Construction Materials Construction would require the use of construction-related hazardous materials (e.g., fuels), which have the potential to result in adverse impacts due to accidental discharges associated with storage, vehicle operations (i.e., refueling), or maintenance. These potential impacts would be associated primarily with water quality effects on downstream receiving waters. Through implementation of standard construction operating procedures and permanent and construction storm water BMPs (refer to Section 4.3, Water Quality), potential impacts associated with the use of hazardous substances during construction would be avoided. Operational Impacts The Action Alternatives would not alter the uses of this rail corridor. The Proposed Action consists of rail-related improvements within an existing, active railroad corridor. Accordingly, any hazardous waste/materials being transported along this corridor would continue to be properly handled, stored, and transported in accordance with regulatory standards. The Action Alternatives would also improve public health and safety by replacing an approximately 100-year-old rail timber bridge with a new rail bridge using more durable materials (i.e., reinforced concrete) to provide a more sustainable structure that could withstand the marine environment and provide long-term reliability. The existing tracks on the existing rail bridge and south of the bridge are below the 100-year Federal Emergency Management Agency (FEMA) floodplain elevation. During high river water levels, the existing rail bridge and approaches are not operational. The proposed new rail bridge and associated track improvements would be constructed to accommodate the 100-year water surface elevation to alleviate these flood effects and associated public safety concerns. The proposed special events rail platform would be designed pursuant to applicable standards and safety features to address associated public safety issues. Similarly, the rail alignment of the track improvements would be designed in accordance with applicable design standards to address safe movement of trains at appropriate design speeds within the project limits. Based on the above, no hazardous waste/materials or public health and safety impacts are anticipated during operation of the Action Alternatives. No Action Alternative The proposed improvements would not occur under the No Action Alternative. Therefore, no adverse construction or operational impacts would occur.



4.12.4 Avoidance, Minimization, and Mitigation Measures Action Alternatives Implementing the following measures would ensure that the public health and safety impacts of any of the Action Alternatives would not be adverse. For subsurface excavation activities, if soil contamination is suspected or encountered, a

Soil and Groundwater Management Plan to address encountering areas of potential environmental concern, and a site-specific Health and Safety Plan will be prepared. The Soil and Groundwater Management Plan would address the notification, monitoring, sampling, testing, handling, storage, and disposal of contaminated media or substances that may be encountered during construction activities.

Prior to improvements to or demolition of existing structures, surveys will be conducted to evaluate the presence, locations, and quantities of hazardous building materials (asbestos and lead-based paint). Suspect materials will be sampled and analyzed, and if present, appropriate abatement actions will be implemented in accordance with applicable regulatory requirements.

Wastes and potentially hazardous waste within the project limits, including trash, debris piles, and equipment, will be removed and disposed of and/or recycled at appropriate facilities off site in accordance with applicable regulatory requirements.

No Action Alternative Because the No Action Alternative would not cause or contribute to any public health and safety impact, it would not require any avoidance, minimization, or mitigation measures.


4.12 PUBLIC HEALTH AND SAFETY 4.12.1 Regulatory Setting17 18 16 22 Figure 4.12-1 Listed Facilities...

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