Two years ago, Caltrans admitted it defied state and local laws protecting against groundwater contamination for nearly a quarter century and has been scrambling since to “resolve” approximately 20,000 boreholes statewide. While most holes need to be found, some are covered, others need to be sealed, while others are being resolved through an agreement with the local agency, like counties.

Caltrans estimates the “borehole mitigation” effort could cost between $17 million and $37.2 million over the next five years, in addition to the $5.2 million that’s been spent already.

The plan also predicts the program could be completed by as early as 2019. But staff is only finding a small percentage of the holes at the moment, no more than 15 percent of active and planned jobs. The find rate would likely decrease as Caltrans begins searching for older holes.

Staff cannot or will not explain in detail how it arrived at it’s optimistic figures.

“It’s an estimate,” said spokesman Mark Dinger.

Caltrans reportedly told the Legislature that to arrive at the numbers, staff “looked at the data and trends from our recent efforts” to estimate the next fiscal year, adding that the “infancy (and lack of history)” of the plan makes estimates beyond the upcoming fiscal year “very speculative.”

With such a low find rate, little history and no data to base its findings on, how is Caltrans predicting the effort could be completed in the next few years?

“Again, it’s an estimate,” said Dinger. 

Caltrans has repeatedly said not all holes will need to be redrilled and sealed, as many are covered by roads and others were not drilled through the water table, but staff has not provided an estimate of how many holes need to be found. 

Caltrans previously told CalWatchdog it costs between $25,000 and $60,000 to “resolve” one borehole. At a 15 percent find rate — a very generous estimate — the cost would be between $75 million and $180 million. 

Dinger said Caltrans has been working with local agencies to reach resolutions “that do not require re-drilling and resealing past boreholes,” but did not provide an estimate of how many that would be.

History

To date, Caltrans reports it has spent at least $5.2 million to “resolve” between 7 percent and 15 percent, depending on the phase of the three-phase plan. Since 1990, Caltrans lost 523 holes in Sacramento County (Phase 1) and at least 5,737 holes statewide for “active and planned projects” (Phase 2).

Phase 3 will be the remaining 14,000 or so holes from completed projects between 1990 and 2014. That total number is just an estimate.

Sacramento County, which helped bring the issue to light, is threatening to fine Caltrans as much as $5.23 million per day for not obtaining permits, licenses and inspections — against state and local law — for the hundreds of wells drilled from January 1990 to May 2014. However, the compliance date has passed without Sacramento County announcing its next move.

The state’s Water Code, and subsequent state and local laws, regulates drilling practices in or near groundwater to protect against contamination. Local agencies chased Caltrans employees around for years trying to get them to comply.

In June 2014, Caltrans Director Malcolm Dougherty sent a memo to Brian Kelly, the secretary of the California State Transportation Agency, stating that Caltrans now agreed with Sacramento County and other local agencies about following local procedures.

Dougherty admitted to Kelly that the lack of documentation, combined with an “ill-defined business process means Caltrans cannot represent that we have adequately protected groundwater during our drilling operations as required” by state law.

CalWatchdog has repeatedly tried to get Caltrans to provide an estimate of its three-phase “borehole mitigation” plan — from both a spokesman as well as through a public records request — but no such luck yet, even though the data should be made immediately available under the state’s sunshine law. 

CalWatchdog found one funding request online showing at least what Caltrans is requesting for the next fiscal year, around $6.6 million, which is nearly triple the amount Caltrans estimated in January. The funding request references a “five-year estimated plan,” but Caltrans has not provided that either.

One spokesman said an estimate would be available in Gov. Jerry Brown’s revised budget, which is scheduled to be released this week. 

Number of holes doubled

Caltrans told CalWatchdog earlier this year it lost around 10,000 holes statewide since 1990. The new funding request estimates the number around 20,000 holes. 

Caltrans said many holes won’t need to be sealed as part of negotiations with local agencies (mostly counties) and many more may be covered up by existing structures (roads). Caltrans won’t provide an estimate on what the target percentage is.

Caltrans estimates the cost to “resolve” one of these four-inch to six-inch holes that go as far as hundreds of feet into the ground is between $25,000 to $60,000 per hole. This figure includes the cost of implementing the new drilling policy, which now adheres to the law.

To date, Caltrans estimates it has spent around $3.6 million to “resolve” only a fraction of the holes — between 7 percent and 15 percent. Since 1990, Caltrans lost 523 holes in Sacramento County (Phase 1) and at least 5,737 holes statewide for “active and planned projects” (Phase 2).

Phase 3 will be the remaining 14,000 or so holes from completed projects between 1990 and 2014. 

Meanwhile, Sacramento County, which helped bring the issue to light, is threatening to fine Caltrans as much as $5.23 million per day for not obtaining permits, licenses and inspections — against state and local law — for 523 wells drilled from January 1990 to May 2014. However, the compliance date has passed without Sacramento County announcing its next step.

The state’s Water Code, and subsequent state and local laws, regulates drilling practices in or near groundwater to protect against contamination. Local agencies chased Caltrans employees around for years trying to get them to comply.

In June 2014, Caltrans Director Malcolm Dougherty sent a memo to Brian Kelly, the secretary of the California State Transportation Agency, stating that Caltrans now agreed with Sacramento County and other local agencies about following local procedures.

Dougherty admitted to Kelly that the lack of documentation, combined with an “ill-defined business process means Caltrans cannot represent that we have adequately protected groundwater during our drilling operations as required” by state law.