Attachment  3          

 Includes  the  following  contents:      

1. HCBF  Staff  Memo  on  LA    Waterkeeper’s  proposal  with  recommendation  2. Marchem  Settlement  Agreement  and  Mutual  Release  of  Claims  3. Letter  from  HCBF  to  the  Citizen  Suit  Coordinator  dated  February  4,  2015  4. LA  Waterkeeper’s  proposal  

 

Attachment 3

To: HCBF Board of Directors From: HCBF Staff Date: Friday, January 15, 2016 Subject: Board Meeting Agenda Item #4 - Marchem Technologies Funds Background HCBF has been designated as the recipient of a mitigation payment of $20,000 as the result of a litigation settlement in the case California Communities Against Toxics v. Marchem Technologies, LLC (U.S.D.C. C.D. Ca. 2:14-cv-02562-DMG-PL). Under the settlement agreement, HCBF must use the funds to provide “grants to environmentally beneficial projects in the Dominguez Channel/Los Angeles Harbor watershed and the Los Angeles County area relating to water quality improvements.” HCBF is entitled to allocate up to 5% of the payment to its costs relating to administration of the grant or grants. HCBF has received a proposal from LA Waterkeeper for a grant of these funds Staff believes that a sole-source proposal is an appropriate means of allocating these mitigation monies, and that LA Waterkeeper’s proposed use of the funds would be an appropriate use of the funds and in compliance with the terms of the settlement. Summary of Proposal As noted above, staff identified Los Angeles Waterkeeper as a potential recipient for the Marchem funds and requested them to submit a proposal. The proposal is summarized below: Project Description: Los Angeles Waterkeeper seeks funding to educate local youth, examine pollution sources, and develop strategies to abate the impacts of stormwater pollution in the Dominguez Channel. The information gathered in the assessments, including recommendations for abatement, will be presented to the City of Los Angeles council members, elected officials, Regional Water Board staff, and other stakeholders. Location: Dominguez Channel and Ballona Creek watersheds. Grant Deliverables: • Scale up existing teaching curriculum that combines enhanced STEM education with

civic action engagement to educate and engage high schools in underserved communities in assessing industrial stormwater pollution in heavily impacted communities;

• Engage students and residents in areas most impacted by industrial stormwater pollution (the Los Angeles River, the Dominguez Channel, and Ballona Creek watersheds), as well as LAW’s corps of water monitoring volunteers, to assess the impact of industrial stormwater pollution in these communities; and

• Utilize information gathered to develop strategies to abate the impact of industrial stormwater pollution in these communities.

Budget, requested and recommended: Program Expense Requested from HCBF Recommended Law Fellow $3,450 $3,450

Watershed Coordinator $10,500 $10,500 Testing Costs $2,000 $2,000 Travel $500 $500 Administrative Overhead $2,550 $2,550 Total $19,000 $19,000

Staff Recommendation Staff recommends approving Los Angeles Waterkeeper’s proposal in the amount of $19,000.

EXHIBIT 1

9

Case 2:14-cv-02562-DMG-PLA Document 22-1 Filed 03/26/15 Page 1 of 2 Page ID #:153

Exhibit 110

Case 2:14-cv-02562-DMG-PLA Document 22-1 Filed 03/26/15 Page 2 of 2 Page ID #:154

Project Description: Overview

Los Angeles Waterkeeper (LAW), a 501(c)(3) nonprofit organization working to

protect and restore Santa Monica Bay, San Pedro Bay and adjacent waters through

enforcement, fieldwork and community action, seeks $19,000 from the Harbor

Community Benefit Foundation to expand our Engaging Underserved Communities

in Assessing & Abating Industrial Stormwater Pollution project in partnership with

UCLA and the Constitutional Rights Foundation (CRF). Through this project, LAW

and its partners will:

Scale up our existing teaching curriculum that combines enhanced STEM

education with civic action engagement to educate and engage high schools in

underserved communities in assessing industrial stormwater pollution in heavily

impacted communities;

Engage students and residents in areas most impacted by industrial stormwater

pollution (the Los Angeles River, the Dominguez Channel, and Ballona Creek

watersheds), as well as LAW’s corps of water monitoring volunteers, to assess

the impact of industrial stormwater pollution in these communities; and

Utilize information gathered to develop strategies to abate the impact of

industrial stormwater pollution in these communities.

Curriculum Development & Implementation: In 2014/15, LAW and UCLA

undertook a pilot project funded by EPA Urban Waters Grant where the two groups

worked with Jefferson High School (in the Compton Creek watershed) to utilize a

STEM-based curriculum to engage students in assessing industrial facilities’

compliance with the Industrial General Permit (IGP). Building off that successful

partnership, the two groups now seek to expand this partnership to include CRF, and

engage schools in the Dominguez Channel and Ballona Creek watersheds (as well as

continuing to work in Los Angeles River watershed) to expand our assessment of

industrial stormwater pollution in these areas.

In order to ensure we are focusing our efforts where they are most needed, once

funding is secured we will recruit 4-6 Title I schools with at least 75% of students

qualifying for federal free/reduced price lunch located in a census track with

CalEnviroScreen scores within the top (worst) 2 deciles (81% or higher). The

partners will engage interested teaches in recruiting 25-40 11th and 12th grade

students, train teachers, and develop a curriculum (based on what was developed for

Jefferson High) that includes STEM-related skills such as geo-referenced field data

collection, mapping, and statistical analysis. Associated in-class lessons will provide

background in earth sciences, chemistry and biology, as well as additional context

related to clean water regulations and civic action pathways.

Industrial Stormwater Pollution Assessment: While hands-on learning is a key

component of the project, central to this effort is getting into the field to conduct a

detailed examination of industrial sources (location, potential pollutants, permit status,

compliance history, and physical conditions as observable from the street). LAW’s

Watersheds Program Coordinator with work with students at the partner schools to

undertake field investigations. This fieldwork will be augmented by building

collaborations with local community and environmental justice groups (e.g.,

Communities for a Better Environment, East Yard Communities for Environmental

Justice, etc.), who we will also engage in these assessments. LAW will also utilize our

experienced team of water monitoring volunteers from our DrainWatch and Storm Water

Action Team (SWAT) programs.

The three target watersheds host the majority of industrial activity in Los Angeles,

including scrap metal recycling facilities, auto yards, oil refineries and waste transfer

stations, to name a few. Pollutants originating from these facilities, including bacteria,

metals, trash, and a host of other toxins, contribute to water quality impairments; a

reduction in these pollutants is critical to addressing impairments and restoring beneficial

uses for the local communities. Through our fieldwork, LAW and its partners will

produce GIS mapping, analysis, and summary statistics of trash and industrial pollutant

sources within these three highly impacted watersheds.

Recommendations for Abating Pollution: The ultimate goal of this project is

promoting pollutant reduction through permit compliance and implementation of

effective stormwater controls. LAW will work with our project partners, students

and community partners to develop an overall assessment of industrial stormwater

pollution, including recommendations to minimize the impacts of such runoff in

these three watersheds. This information will be presented (primary by the

participating high school student teams) to City of Los Angeles council members,

elected officials in other impacted communities, Regional Water Board staff, and

other local stakeholders.

Port-related Impacts/Taking Place in San Pedro or Wilmington: While the scope

of this project is regional in nature, LAW will include port-related and other

industries within the cities of San Pedro and Wilmington in its overall assessment.

Secondary Program Benefits: The very nature of this project is to provide

secondary community benefits within the impacted areas. Enhanced science,

technology, engineering and math (STEM) education provided through this project,

as well as vital skills training, will support high school students far beyond the

course of this project. Engaging students and community groups in this effort means

that LAW and its partners are not only assessing and taking steps to abate industrial

stormwater pollution; we are helping empower those communities most impacted by

pollution in these efforts.

Partners: As stated above, this project is built on broad-ranging partnerships,

including our core partners (UCLA’s Institute of the Environment and Sustainability

and the Constitutional Rights Foundation); 4-6 partner schools in the impacted

watersheds; and community/environmental justice groups in those communities.

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