The BKK Corporation (BKK) is the owner and operator of a closed Class I landfill and an operating leachate treatment plant (LTP) in West Covina. The landfill is an Interim Status facility and the LTP operates pursuant to a permit issued by the Department of Health Services (DTSC’s predecessor) in 1987. The landfill closure certification was approved in 1991. On November 15, 1999, DTSC issued for public review a consolidated draft postclosure permit for the Class 1 landfill and draft operating permit for the LTP, along with a proposed CEQA Mitigated Negative Declaration. The public hearing was held on December 15, 1999 in West Covina. Based on concerns raised at the hearing, a public meeting was held on January 24, 2000 in West Covina. The final permit was issued on June 30, 2004. BKK appealed this permit and it has been stayed pending further notice.
In October 2004, BKK notified DTSC and U.S. EPA that BKK could no longer afford to conduct various postclosure activities at the Class 1 landfill. In November 2004, a DTSC emergency contractor began conducting day-to-day care of the facility, including the LTP. In December 2004, DTSC issued an Imminent and Substantial Endangerment (ISE) Order to approximately 50 potentially responsible parties (PRPs), which ordered them to take over care of the facility. In March 2006, approximately 25 PRPs entered into a consent decree with DTSC, in which the PRPs agreed to conduct postclosure care. These PRPs are currently carrying out essential activities at the Class 1 landfill and the LTP, with oversight by DTSC. The term of the current consent decree is two years unless it is extended. DTSC and these PRPs are currently negotiating a second consent decree, with the intent to provide for continued care of the facility.