Depending upon the
environmental characteristics presented by a contaminated site, the site may
fall under the requirements of one or more local, state and federal agencies
with responsibilities for environmental protection. Once conditions at a site have been identified as a potential
threat to public health and the environment, various means and programs exist
to address such problems, and the statutory responsibilities of the various
local, state and federal agencies come into play. Community
Involvement is an integral part of this process.
California law
does not specify that any one agency has jurisdiction over hazardous substances
release sites. Who has jurisdiction and who gets involved
has to do with the site-specific conditions (For example, does the site pose a
threat to water quality? Do hazardous
substances at the site threaten public health or the environment?) and which
agency has the most information about the site.
While California
law specifies that Regional Water Quality Control Boards and the Department of
Toxic Substances Control have authority over hazardous substance releases,
other agencies retain their jurisdiction and administer their applicable
administrative and operational requirements.
In general, the
process to clean up a contaminated site involves discovery, investigation and cleanup of properties
where uncontrolled releases of hazardous substances have occurred. Thousands of properties throughout the
State, including former industrial
plants, military bases, small businesses and landfills, are contaminated with some level of toxic
substances. Currently, work is underway
on hundreds of contaminated properties throughout the State.
While
each agency may use different terminology, the cleanup of contaminated sites
generally consists of the following steps:
1.
Preliminary Endangerment Assessment (Discovery)
The
PEA generally consists of a Phase I Environmental Assessment, a Phase II
Endangerment Assessment and a risk analysis.
PEAs are performed to determine if current or past hazardous substance
or hazardous waste management practices at the site have resulted in a release
or threatened release posing a threat to public health or the environment.
The
PEA requires sampling and analysis to determine the extent of contamination and
a preliminary evaluation of the risks.
A more in depth evaluation of the property is conducted if contamination
is found, including the taking of samples and conducting a preliminary risk
assessment. The process ends here if
contamination is not found, or if found, and is not considered to pose a
significant risk.
2. Remedial Investigation and Feasibility Study
(Investigation)
This
is a full-fledged evaluation of the property to determine what hazardous
substances are present, the level of contamination and risk, and the lateral
and vertical extent of contamination. A
site specific risk assessment is conducted in this step. During the later stages of the Remedial
Investigation, a Feasibility Study is conducted to determine the best
available options to consider for cleaning up the property.
3. Removal Action Workplan (RAW) Process (Cleanup)
The Removal Action
Workplan or RAW is the remedy selection document for the site, if the
cost of cleanup is less than $1 million.
A RAW can be conducted after the PEA or after the RI/FS depending on
conditions at the site. The RAW can be
the final remedy for the site in which case the site proceeds to certification
(#7). If operation and maintenance is
needed, an Operation and Maintenance Plan and Agreement/Order are put in
place. If deed restrictions are needed,
they are recorded on the property.
4. Remedial Action Plan (RAP) Process
If the cleanup
costs are greater than $1 million, a Remedial Action Plan (RAP) is developed
as the remedy selection document.
This plan discusses the findings of the Remedial Investigation and the
options identified in the Feasibility Study.
The administering agency’s preferred option is included in the Remedial
Action Plan.
5. Remedial Design
Once the Remedial
Action Plan is adopted, a remedial design for the cleanup project is
prepared. This is a full-blown
engineering design for the cleanup together with any long-term systems that may
be needed. Additionally, other documents
needed to implement the remedy (for example, health & safety plans and transportation
plans) are also developed as a part of the remedial design documents.
6. Remedial Action
This is the
implementation of the Remedial Action Plan and Remedial Design, the actual site
cleanup process.
7. Site Certification
If the site activity
is overseen by either a RWQCB or DTSC, upon successful completion of the
remedial action, a site is certified by that agency as having been adequately
addressed. This process provides
“closure” for the parties who have conducted the cleanup and makes the property
available for new land uses. In those
instances where cleanup must be conducted over a number of years after
completion of the remedial action, (such as a site with extensive groundwater
contamination), a site is not certified until the agency has determined that
all systems are functioning as designed.
Operation &
Maintenance Plans and Agreements/Orders must be in place along with appropriate
deed restrictions prior to certification.
Once certified, these kinds of sites are placed on a special list where
they are evaluated periodically to determine whether long term cleanup or
containment systems are functioning as designed and are meeting the cleanup
goals specified in the Remedial Action Plan.
Community
Notification/Information
Several federal and state environmental
regulations require public participation during the site cleanup process,
permitting approval process and corrective action process. The Department of Toxic Substances Control
(DTSC) complies with the public participation requirements of the Comprehensive
Environmental Responsibility, Compensation and Liability Act of 1980, Superfund
Amendments and Reauthorization Act, National Contingency Plan, Health and
Safety Code, and the California Environmental Quality Act. Different levels of public participation are
required at different stages of the cleanup process.
DTSC establishes a local information
repository near the site before a remedial investigation begins or before
initiating any remedial action at a site. Usually, information
repositories are established at local libraries near the site. Project files that contain key documents on
site related remedial activities are placed in the information repositories. These key documents include the preliminary
endangerment assessment, site investigation, remedial investigation/feasibility
study, removal and remedial action documents, public participation plan,
administrative record and other relevant information.
In addition to the local information
repositories, the project file is also available for public review at
DTSC and RWQCB offices (if the RWQCB is involved in oversight). Air permit information may also be available
from the local air pollution control or air quality management district for the
vapor treatment units. These documents,
and others, can be accessed and copied by submitting a request under the
California Public Records Act (California Government Code Section 6250, et
seq., also known as Government Code, Title 1, Section 7, Chapter 3.5)
Furthermore, in compliance with SB 47
(Chapter 23, Stats. 1999 or Health & Safety Code Chapter 6.8), based upon
community survey, DTSC provides opportunity for public involvement (public
meeting/public comments) at key stages of the response action process. Key stages include the health risk
assessment, preliminary assessment, site inspection, remedial investigation and
feasibility study. If DTSC determines
that public meetings or comment is not appropriate at these stages, then DTSC
sends notice of the decision to the affected community.
Community
members are encouraged to participate in each stage of the decision making
process. Questions for Community Use are provided
on this web to help community members define potential issues and concerns
regarding a specific SVE project. The information contained
in this web site should be used in conjunction with the site specific fact
sheet and related documents provided by the regulatory agencies when
participating in the decision making process. For further information on
State environmental regulatory agencies go to the Cal/EPA Home Page.
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