Irvine Council shuts door on tainted soil debate

Concerns over recently discovered contaminated soil found near construction of the new Portola High School were pointedly dismissed by the Irvine City Council as it denied any action to further examine the site, which has already received state environmental approval.

Years of debate over the location, on the northeast perimeter of the Great Park, centered on the proximity to a waste dump on the old El Toro Marine Air Station. After extensive testing, the Irvine Unified School District received approval from the state Department of Toxic Substances Control last April. Groundbreaking took place in October, with the new school scheduled to open in the fall of 2016.

New concerns surfaced in November when workers digging a trench for a storm drain adjacent to the school discovered an unusual odor and soil discoloration. Ultimately, a layer of contaminated soil was found to extend 29 feet onto school property.

Environmental experts brought in by the school district and construction stakeholder Heritage Fields LLC found the soil was contaminated with petroleum hydrocarbons and naphthalene, commonly associated with the dumping of diesel and possibly jet fuel. Workers removed the layer of contaminated soil, disposing tons of dirt in a certified waste site.

The agenda item raised in Tuesday’s regular meeting by Councilwoman Beth Krom included a motion to hold a future discussion with district Supt. Terry Walker and environmental consultant David Richter, who also examined the contamination site. However, no other council member seconded Krom’s motion, and it did not advance.

Krom brought cited information extended by former Irvine Planning Commissioner Harvey Liss, who examined emails and other communication between the city, the district and the toxic substance control department through a request for public records.

Some of the information appears to show that Richter informed an Irvine public works official of his conclusion that, “It is our expectation that the DTSC will reconsider its prior approval and will request additional information to identify the limits of site contamination.”

Krom asked why this information was never presented to the City Council for consideration. Other council members argued that once the site was approved by the state last year, the matter rests solely with the school district and the Department of Toxic Substances Control.

A lineup of 10 speakers weighed in on the issue during public comments, most supporting Krom’s position despite the lack of a motion under consideration.

The final speaker was Irvine Planning Commission Chairman Anthony Kuo, who read from a letter stating the position of the school district defending its process. The lengthy memo states in part, “It is extremely disappointing that there continues to be efforts by a small contingent to engage in an extended, misleading debate over the suitability of the location.”

The narrative maintains that the recent lab results “identified the presence of non-hazardous hydrocarbons and other analytical results that were below levels of concern for a school site.” It said the dirt was removed only out of an abundance of caution.

The letter, signed by Walker, requests that its contents be read into the public record and concludes: “To date, we have uncovered no evidence, nor been presented any evidence, to suggest the Portola High School site poses any human health risks to future students, staff or visitors.”