Loading (50 kb)...'
(continued)
(A) An UPA shall submit with its application a narrative description of how it shall implement and enforce the environmental assessment and corrective action program and delegated responsibilities in accordance with all applicable state laws and regulations. This description shall specify the following:
1. The policies, procedures, approach and process the UPA will use to conduct environmental assessment and corrective action and the guidance documents the UPA relied upon to develop and implement the policies, procedures, approach and process.
2. If the description of relevant projects provided pursuant to subparagraph (2)(B)3. includes cleanup activities, include in the description details of the process used to conduct the cleanup. Include details regarding public participation, CEQA compliance, site characterization, remedy evaluation and selection, selection of cleanup objectives, remedy implementation, and any long-term activities, such as operation and maintenance.
(4) Adequacy of Staff Resources.
(A) If additional staff resources are needed to implement corrective action, beyond the resources described in the original CUPA application, an UPA shall submit with its application documentation demonstrating that it has the personnel resources needed to conduct the following activities:
1. File reviews;
2. Ongoing training of personnel;
3. Non-technical support for personnel; and
4. Management of any other applicable daily operations needed to support environmental assessment activities or corrective action.
(5) Recordkeeping and accounting systems. If additional recordkeeping and accounting systems are needed to implement corrective action, beyond the systems described in the original CUPA application, the UPA shall submit the following:
(A) An UPA shall submit with its application a description of its budget and accounting processes. Such processes shall include an accounting of expenditures made and revenues received for environmental assessment activities and corrective action at all unified program facilities.
(B) An UPA shall submit with its application a description of tracking systems to be used for monitoring the progress of environmental assessment activities and corrective action at all unified program facilities.
(C) An UPA shall submit with its application a description of how files will be maintained for environmental assessment and corrective action activities associated with unified program facilities within its jurisdiction. These files shall include, but not be limited to, all documents that comprise the administrative record file as defined in section 68400.12.
(6) An UPA shall submit with its application a copy of a local ordinance that shall be enacted that authorizes the UPA to recover the costs of implementing and enforcing the environmental assessment and corrective action program within its jurisdiction. An UPA may be determined to be qualified if it demonstrates to the Department that such an ordinance will be adopted within 60 days of the determination.
(b) A qualified UPA with Tier 2 level of qualifications shall meet all of the following Tier 2 criteria:
(1) An applicant UPA shall submit in its application all the required information as specified in subsection (a) of this section, which shall demonstrate that the applicant meets the Tier 1 qualifications.
(2) Personnel Expertise Requirements. UPA personnel designated to perform the activities of Tier 2 as described in subsection 68400.13(b) and section 68400.16 shall have educational and technical expertise sufficient to perform the activities of Tier 2 as described in subsection 68400.13(b) and section 68400.16 in accordance with all applicable state laws and regulations. In addition to the requirements for personnel expertise in Tier 1, an UPA qualified in Tier 2 shall also demonstrate documented training or proficiency in the fields of risk assessment, introduction to groundwater and remedy selection. Additional training in other technical disciplines related to site characterization, cleanup activities and health risk assessment will be considered for its applicability to this requirement. This training shall be sponsored by a credible program, including, but not limited to a state or federal agency, university extension, community college or qualified UPA.
(3) Specialized Personnel Expertise. An UPA qualified in Tier 2 shall demonstrate that it has the following specialized expertise:
(A) technical expertise necessary for the review and approval of engineering and geological interpretations, conclusions and recommendations that are conducted by registered professionals in conformance with applicable state law, including, but not limited to, Business and Professions Code sections 6735 and 7835 as required by subsection 68400.11(j). This specialized expertise may be provided by UPA personnel, a contractor, or otherwise pursuant to an agreement with a state or local agency; and
(B) technical expertise necessary to review, comprehend and implement all toxicological interpretations, conclusions and recommendations conducted by a professional with the qualifications as required by subsection 68400.11(j). This specialized expertise may be provided by UPA personnel, a contractor, or otherwise pursuant to an agreement with a state or local agency.
(4) Documentation of UPA Personnel Expertise. In addition to the documentation provided for Tier 1, an UPA shall submit with its application documentation specifying detailed information regarding the specialized technical expertise outlined in subparagraphs (b)(2) and (b)(3) of this section, including the following:
1. If an UPA staff member or other personnel working under an agreement with a state or local agency is providing specialized expertise, specify the names of persons with specialized technical expertise; a summary of education, technical training and related experience; and time availability or commitment to Tier 2 activities.
2. If a contractor is providing the specialized expertise, specify the qualifications of the contractor, related experience, time availability or commitment to Tier 2 activities, and the terms and duration of the contract.
(5) UPA Past Experience.
(A) A Tier 2 UPA shall have the past experience of a Tier 1 UPA and one of the following:
1. At least five years of total experience participating in a Local Oversight Program and documentation of experience overseeing 10 tank removals with full-time participation of two staff members, including one supervisor; or
2. At least five years of experience conducting response actions.
(B) Documentation of Past Experience. An UPA shall submit with its application documentation demonstrating that it has the experience required for Tier 1 and the experience described in subparagraph (b)(5)(A) of this section as follows:
1. Demonstration of UPA past experience required for Tier 1, as described in subparagraph (a)(2)(B) of this section;
2. Narrative descriptions of five relevant projects completed in the last five years or in progress that most clearly demonstrate the UPA's experience, specifying responsible staff and their expertise, a description of relevant project tasks, methods for overcoming technical obstacles, and the process used to conduct cleanups or tank removals. Include details regarding public participation, CEQA compliance, site characterization, remedy evaluation and selection, selection of cleanup objectives, remedy implementation, and any long-term activities, such as operation and maintenance.
Note: Authority cited: Sections 25150, 25404.1 and 58012, Health and Safety Code. Reference: Sections 25187, 25187.1, 25200.3, 25200.10, 25200.14, 25356.1 and 25404.1, Health and Safety Code.
s 68400.15. Determination of Qualification.
(a) To be considered for determination of qualification, an UPA shall submit an application to the Department pursuant to this section. An UPA shall indicate in its application the Tier for which it seeks qualification.
(b) The Department, within 60 days of receipt of the application, shall inform the UPA, in writing, that either the application is complete and accepted for determination of qualification, or that the application is deficient and identify the information that is required to complete the application pursuant to this section.
(c) The Department shall complete the review, within 90 days from the receipt of a completed application, to determine whether the UPA is qualified to implement and enforce the requirements for environmental assessments and corrective action portions of the unified program under Health and Safety Code section 25404.1(a)(3)(C).
(d) The Department, upon completion of the review of the application, shall in writing either approve or disapprove the application for qualification. Within 30 days of approving the application, the Department shall issue a letter of qualification to the UPA (Notice of Approval). Within 45 days of disapproving the application, the Department shall issue a denial letter identifying the areas of deficiency pursuant to this section (Notice of Denial).
(e) Qualification Decision Appeal Process.
(1) The UPA, within 60 days of receipt of the Notice of Denial, may comment to the Department on the deficiencies and provide additional information to address the deficiencies.
(2) The Department, within 60 days of the receipt of the UPA's comments on the Notice of Denial, shall respond, in writing, to approve or disapprove the application based on the review of the information provided by the UPA in subparagraph (e)(1). The UPA, within 45 days of receipt of this decision, may appeal in writing to the Director. Within 45 days of receipt of the appeal, the Director shall, in writing, issue a final decision.
(f) Withdrawal of Determination of Qualification.
(1) The Department may periodically review its determination of any UPA's qualification. The UPA shall make available to the Department all documents and records the Department deems necessary to conduct its review. The Department may withdraw its determination of qualification if an UPA fails to maintain compliance with this chapter.
(A) If the Department determines an UPA is no longer qualified, it will issue a Notice of Withdrawal to the UPA. Within 45 days of receipt of a Notice of Withdrawal, the UPA may comment to the Department in writing on the reasons for withdrawal and may correct the deficiencies and/or provide additional information for consideration by the Department.
(B) Within 60 days of the receipt of the UPA's comments, the Department will respond, in writing, with a decision on withdrawal.
(C) Pursuant to subparagraph (f)(1)(B) of this section, if the Department's decision is to withdraw the determination of qualification, the UPA within 45 days of receipt of this decision, may appeal to the Director. Within 45 days of receipt of the appeal, the Director shall, in writing, issue a final decision to confirm or rescind the withdrawal.
(2) Following a determination of qualification, if resources available to a UPA changed such that the UPA can no longer conduct or oversee environmental assessment and/or corrective action, the UPA shall notify the Department within 15 days of the change. Following receipt of the notice or upon its own determination that the UPA can no longer conduct or oversee environmental assessment and/or corrective action, the Department shall:
(A) Withdraw its determination of qualification; or
(B) If the Department determines that adequate resources will be in place within six months of the date of notice or determination, the UPA may maintain its determination of qualification as long as the UPA otherwise maintains the minimum qualifications for authorization and can continue to conduct or oversee environmental assessment and/or corrective action during the six month period.
Note: Authority cited: Sections 25150, 25404.1 and 58012, Health and Safety Code. Reference: Sections 25187, 25187.1, 25200.3, 25200.10, 25200.14, 25356.1 and 25404.1, Health and Safety Code.
s 68400.16. General Provisions.
(a) Any corrective action taken pursuant to this chapter shall be consistent with the corrective action provisions of Health and Safety Code, division 20, chapter 6.5 and its implementing regulations.
(b) The nature, extent and scope of corrective action taken or required by this chapter shall be based upon the conditions at the site, the current and reasonably anticipated future land uses of the site and impacts and threatened impacts to waters of the state.
(c) The responsible party shall implement corrective action beyond property boundaries, as necessary to address the breadth and depth of contamination caused by the release.
(d) An UPA shall establish a corrective action process that fulfills all of the following conditions. A description of this process, and a list of all guidance documents the UPA used to develop this process, shall be submitted to the Department pursuant to section 68400.14(a)(3)(A). A qualified UPA's corrective action process shall provide:
(1) opportunities for full and meaningful public involvement.
(A) For a less complex site, public involvement shall include, but not be limited to, providing the public with an agency contact's name, address, email, and phone number; distribution of fact sheets or other information regarding conditions at the site, if warranted given the level of interest expressed in the site; notification before decisions are made regarding corrective action at the site; and the opportunity to participate in decisions, submit comments and receive responses to comments before final UPA approval of activities at the site, such as a final corrective action plan or a certification of corrective action completion.
(B) For all other corrective action, public involvement shall include, but not be limited to an assessment of community interest and preparation of a community profile; based on the level of community interest, distribution of fact sheets regarding conditions at the site; placement of a public notice in a local newspaper of general circulation announcing a 30-day comment period on a proposed corrective action plan; based on the level of community interest, a public meeting, if appropriate, to collect public comment on the proposed corrective action; a written response to public comments; and providing the public with an agency contact's name, address, email, and phone number.
(2) a requirement for site screening using a preliminary endangerment assessment, performed as defined in Health and Safety Code section 25319.5.
(3) a requirement for a site investigation that adequately evaluates and characterizes a release or threat of release at the site of hazardous waste or constituents and determines whether the release or threatened release poses an unreasonable risk to human health and safety or the environment. This investigation shall include, but not be limited to:
(A) adequate characterization and documentation of the release or threat of release;
(B) a risk assessment, where appropriate, that evaluates the risk posed by the release or threatened release;
(C) if the release has affected groundwater, a reasonable characterization of underlying groundwater, including present and anticipated beneficial uses of that water; and
(D) if volatile organic compounds are present, a reasonable characterization and evaluation of risk associated with exposure to indoor air.
(4) specification of corrective action that is protective of human health and the environment. Such corrective action shall attain final cleanup levels determined using a site-wide cumulative carcinogenic risk range of 10 -4 to 10 -6 and a site-wide cumulative systemic toxicity, including sensitive subgroups, health hazard index of <1, unless lower concentrations are necessary to protect ecological receptors or meet applicable water quality objectives in applicable water quality control plans, as determined by a water quality assessment that evaluates whether constituents are migrating to waters of the state and meet state policies for water quality adopted pursuant to Article 3 (commencing with section 13140) of Chapter 3 of Division 7 of the Water Code. The 10 -6 carcinogenic risk level shall be used as a point of departure in establishing cleanup levels for known or suspected carcinogens. Under these conditions, final cleanup levels shall be based upon the following:
(A) Background or non-detectable concentrations, or
(B) Site-specific cleanup levels based on a risk assessment(s), which may include a human health risk assessment and/or an ecological risk assessment, as needed, if the following requirements are met:
1. the risk assessment approach is approved by the Department. To be approved, the risk assessment approach shall meet the following criteria: evaluate exposure to all chemicals present at the site from all sources at the site, and evaluate that exposure for all affected and potentially affected human populations, considering all affected media at the site and all pathways appropriate for the site. The pathways shall be approved by the UPA and shall be based on the contaminants present at the site, the media contaminated, fate and transport of the contaminants through the environment, the routes of exposure and the receptors.
2. The ecological risk assessment shall consider species representing the ecosystems present or potentially present at the site. It shall consider the fate and transport of the contaminants present at the site, including movement through the food web.
(5) adequate resources and oversight to ensure that corrective action is conducted in an appropriate and timely manner and that technical assistance and streamlined procedures, when appropriate, are available.
(6) mechanisms for written documentation of screening, investigation, and selection of corrective action, the written approval of corrective action plans; and a certification of similar documentation indicating that corrective action is complete.
(7) enforcement of the completion of corrective action if the responsible party fails to complete the necessary corrective action, including operation and maintenance or long-term monitoring.
(8) a requirement for financial assurance for corrective action implementation, operation, maintenance and monitoring, if implementation of corrective action is scheduled to take more than one year or if long-term maintenance or monitoring of corrective action is required.
(A) Financial assurance mechanisms shall be consistent with the provisions in section 66264.143, and shall be reviewed and approved by the UPA.
(B) Financial assurance mechanisms that may be used to fulfill this section include a trust fund; a surety bond guaranteeing payment into a trust fund; a surety bond guaranteeing performance of corrective action implementation, operation, maintenance and monitoring; a letter of credit; insurance; or a financial test and guarantee.
(9) a requirement for a land use control that imposes appropriate conditions, restrictions and obligations on land use or activities if, after completion of the corrective action, a hazardous waste or constituents remain at the site at a level that is not suitable for unrestricted land use.
(A) The UPA shall notify the local land use planning authority in which any site is located that corrective action has been proposed. The UPA shall provide the local land use planning authority with notice of the time, date, and place of all public meetings regarding the corrective action and shall involve the local land use planning authority in any deliberation concerning land use conditions or actions. The UPA shall request the local land use planning authority to provide the UPA with the local land use planning authority's assessment of the planned use of the site, including the current and future zoning and general plan designations for the site and the local land use planning authority's determination regarding the appropriate planned use designation in the corrective action plan prepared for the site.
(B) Any land use condition shall be executed by the owner of the land, shall run with the land, and is binding upon all of the owners of the land, their heirs, successors and assignees, and their agents, employees or lessees. All executed land use conditions shall be recorded by the site owner in the county in which the site is located within ten days of execution. The site owner shall provide the UPA with a copy of the land use conditions, which have been appropriately recorded.
(C) If a corrective action plan requires the use of a land use control, the UPA shall not certify that the corrective action is complete until the UPA receives a certified copy of the recorded land use control.
(e) Any corrective action taken pursuant to this chapter shall be consistent with all applicable regulations adopted by the State Water Resources Control Board, all applicable water quality control plans adopted pursuant to section 13170 of the Water Code and Article 3 (commencing with section 13240) of Chapter 4 of Division 7 of the Water Code, and all applicable state policies for water quality control adopted pursuant to Article 3 (commencing with section 13140) of Chapter 3 of Division 7 of the Water Code, to the extent the administering agency determines that those regulations, plans, and policies are not less stringent than this chapter.
Note: Authority cited: Sections 25150, 25404.1 and 58012, Health and Safety Code. Reference: Sections 25187, 25187.1, 25200.3, 25200.10, 25200.14, 25356.1 and 25404.1, Health and Safety Code.
Appendix I
Chemicals for Less Complex Sites
Organic Acidic Chemicals
2,4-D
2,4,5-T
Pentachlorophenol
-
Organic Neutral Chemicals
Aldrin
Benzo(a)pyrene
Chlordane
DDD
DDE
DDT
Dieldrin
1,4-Dioxane
Dioxin (2,3,7,8-TCDD)
Endrin
Heptachlor
Lindane
Kepone
Methoxychlor
Mirex
PCBs
Toxaphene
-
Inorganic Chemicals
Antimony and compounds
Arsenic
Barium and compounds
Beryllium and compounds
Cadmium and compounds
Chromium III
Chromium VI
Cobalt
Copper and compounds
Fluoride
Lead and lead compounds
Mercury and compounds
Molybdenum
Nickel and compounds
Selenium
Silver and compounds
Thallium and compounds
Vanadium and compounds
Zinc
-
Volatile Chemicals
Benzene
Carbon Tetrachloride
1,2-Dichloroethane
cis-1,2-Dichloroethylene
trans-1,2-Dichloroethylene
Mercury (elemental)
Methyltert-Butyl Ether
Naphthalene
Tetrachloroethylene
Tetraethyl Lead
Toluene
1,1,1-Trichloroethane
Trichloroethylene
Vinyl Chloride
m-Xylene
o-Xylene
p-Xylene
s 68500.1. Applicability.
Note: Authority cited: Sections 25150 and 58012, Health and Safety Code. Reference: Sections 25173.6, 25187, 25200.10, 25200.14, 58009 and 58010, Health and Safety Code.
s 68500.2. General Provisions.
Note: Authority cited: Sections 25150 and 58012, Health and Safety Code. Reference: Sections 25173.6, 25187, 25200.10, 25200.14, 58009 and 58010, Health and Safety Code.
s 68500.3. Definitions.
Note: Authority cited: Sections 25150 and 58012, Health and Safety Code. Reference: Sections 25173.6, 25187, 25200.10, 25200.14, 58009 and 58010, Health and Safety Code.
s 68500.4. Public Participation.
Note: Authority cited: Sections 25150 and 58012, Health and Safety Code. Reference: Sections 25173.6, 25187, 25200.10, 25200.14, 58009 and 58010, Health and Safety Code.
s 68500.5. Determination of CUPA Qualification.
Note: Authority cited: Section 25404.1(a), Health and Safety Code. Reference: Section 25404.1(a), Health and Safety Code.
s 68500.10. Site Assessment.
Note: Authority cited: Sections 25150 and 58012, Health and Safety Code. Reference: Sections 25173.6, 25187, 25200.10, 25200.14, 58009 and 58010, Health and Safety Code.
s 68500.11. Site Investigation.
Note: Authority cited: Sections 25150 and 58012, Health and Safety Code. Reference: Sections 25173.6, 25187, 25200.10, 25200.14, 58009 and 58010, Health and Safety Code.
s 68500.12. Screening Procedures and Presumptive Remedies.
Note: Authority cited: Sections 25150 and 58012, Health and Safety Code. Reference: Sections 25173.6, 25187, 25200.10, 25200.14, 58009 and 58010, Health and Safety Code.
s 68500.15. Remedy Selection and Remedial Objectives.
Note: Authority cited: Sections 25150 and 58012, Health and Safety Code. Reference: Sections 25173.6, 25187, 25200.10, 25200.14, 58009 and 58010, Health and Safety Code.
s 68500.20. Remedial Action Plan.
Note: Authority cited: Sections 25150 and 58012, Health and Safety Code. Reference: Sections 25173.6, 25187, 25200.10, 25200.14, 58009 and 58010, Health and Safety Code.
s 68500.24. Remedy Design and Implementation.
Note: Authority cited: Sections 25150 and 58012, Health and Safety Code. Reference: Sections 25173.6, 25187, 25200.10, 25200.14, 58009 and 58010, Health and Safety Code.
s 68500.25. Interim Measures.
Note: Authority cited: Sections 25150 and 58012, Health and Safety Code. Reference: Sections 25173.6, 25187, 25200.10, 25200.14, 58009 and 58010, Health and Safety Code.
s 68500.29. Financial Assurance.
Note: Authority cited: Sections 25150 and 58012, Health and Safety Code. Reference: Sections 25173.6, 25187, 25200.10, 25200.14, 58009 and 58010, Health and Safety Code.
s 68500.30. Determination of No Further Action.
Note: Authority cited: Sections 25150 and 58012, Health and Safety Code. Reference: Sections 25173.6, 25187, 25200.10, 25200.14, 58009 and 58010, Health and Safety Code.
s 68500.35. Land Use Conditions.
Note: Authority cited: Sections 25150 and 58012, Health and Safety Code. Reference: Sections 25173.6, 25187, 25200.10, 25200.14, 58009 and 58010, Health and Safety Code.
s 69000. Purpose.
This article sets forth minimum standards of performance for the activities and conduct of Private Site Managers and members of Private Site Management Teams that conduct site investigations and response actions pursuant to this article and Article 8, as administered by the Department of Toxic Substances Control.
Note: Authority cited: Sections 25351.5 and 25395.15, Health and Safety Code. Reference: Sections 25395.1-25395.15, Health and Safety Code.
s 69000.5. Definitions.
Except as otherwise specified, the terms used in this article have the same meaning as the definitions specified in Chapter 6.8. For purposes of this article, the following definitions apply:
(a) "Administrative Record" means the record or file of all documents relied upon or considered by the Private Site Manager or members of the Private Site Management Team when selecting the response action for a site under this article. These documents may include, but are not limited to: engineering and technical reports; verified sampling data; quality control and quality assurance documentation; policy and guidance documents; statutes and regulations; correspondence; CEQA documents; technical journals, workplans for remedial investigations and feasibility studies; analyses of factual information and data that may have formed the basis for the selection of the response action at the site, and all documents that show the public was notified of site activity and had an opportunity to participate in the response selection process.
(b) "Administrative Record List" means the list of all documents in the Administrative Record. The Administrative Record List shall be included in each RAW and RAP required under this article.
(c) "Application Package" means the Private Site Management Program Application Package submitted under section 69003 that contains a request to the Department that a response action be conducted under the Private Site Management Program.
(d) "Article 8" means article 8, Private Site Management Program, of chapter 6.8 of division 20 of the Health and Safety Code (commencing with section 25395.1).
(e) "CEQA" means the California Environmental Quality Act (Public Resources Code sections 21000-21178) and the State CEQA Guidelines contained in the California Code of Regulations, title 14, sections 15000-15387.
(f) "Chapter 6.5", "Chapter 6.66," "Chapter 6.8," and "Chapter 6.85" mean chapter 6.5, chapter 6.66, chapter 6.8 and chapter 6.85 respectively of division 20 of the Health and Safety Code.
(g) "Department" means the Department of Toxic Substances Control.
(h) "EIR" means an environmental impact report prepared under CEQA.
(i) "FS" means Feasibility Study.
(j) "Independent" means that a Private Site Manager or a member of a Private Site Management Team meets all of the following requirements:
(1) The Private Site Manager or Private Site Management Team member is not an employee of the Project Proponent, a known responsible party, or a prospective buyer of the site or portion of the site;
(2) The Private Site Manager or Private Site Management Team member is not a general partner or a limited partner with any Project Proponent, known responsible party, or prospective buyer of the site or portion of the site;
(3) The Private Site Manager or Private Site Management Team member is not a shareholder in the Project Proponent entity, a known responsible party, or a prospective buyer of the site or portion of the site;
(4) The Private Site Manager or Private Site Management Team member does not receive any source of income from the Project Proponent, a known responsible party, or a prospective buyer of the site or portion of the site, other than the payment of fees for professional services, and;
(5) The Private Site Management Team member does not accept, or agree to accept, any payment that is in any way contingent upon the completion of a response action of the site under the Private Site Management Program.
(k) "Initial Study" means an Initial Study prepared under CEQA.
(l) "Land Use Controls" means recorded instruments restricting the present and future uses of the site as defined in subsection (l) of section 25396 of the Health and Safety Code.
(m) "Material Deviation" means a significant change in physical conditions at a site or previously unknown information about physical conditions at a site that may cause the Department to rescind its approval of an Application Package, PEA report, draft or final RAW, draft or final RAP, remedial design, certification request, or certification.
(n) "O&M" means operation and maintenance.
(o) "PEA" means preliminary endangerment assessment.
(p) "Private Site Management Program" means the program under this article and Article 8 in which Private Site Managers and Private Site Management Teams conduct investigations of potential hazardous substance release sites and response actions on sites where a significant release of a hazardous substance has occurred or is likely to have occurred.
(q) "Private Site Management Program Agreement" means the agreement under section 69007 between the Department and a Project Proponent for performance of all necessary response actions at a site.
(r) "Private Site Management Team" means a group coordinated by a Private Site Manager as defined under subsection (b) of section 25395.1 of the Health and Safety Code.
(s) "Private Site Manager" means an individual who is a California Registered Environmental Assessor - Class II as defined under California Code of Regulations, title 14, section 19030, subsection (r), and is conducting a response action under this article.
(t) "Project Proponent" means a person who has submitted an Application Package under section 69003 requesting that a response action be conducted under the Private Site Management Program.
(u) "Remedial Action Plan" or "RAP" means the remedial action plan prepared by the Private Site Management Team in accordance with all the requirements of sections 25356.1 and 25395.5 of the Health and Safety Code.
(v) "RAW" means removal action work plan.
(w) "Reasonable Costs" means costs that are incurred by the Department under this article in accordance with Chapter 6.5, Chapter 6.66, Chapter 6.8, or Chapter 6.85 including all costs incurred in complying with CEQA, all costs incurred in investigating, remediating and certifying a site, and all costs incurred in performing audits.
(x) "RI" means remedial investigation.
Note: Authority cited: Sections 25351.5 and 25395.15, Health and Safety Code. Reference: Sections 25356.1, 25395.1-25395.15 and 25396, Health and Safety Code.
s 69001. Performance Standards.
(a) In the performance of actions under this article and Article 8, a Private Site Manager shall select Private Site Management Team members who possess the necessary qualifications, work experience, licenses, registrations, professional skills, and appropriate insurance in accordance with section 69004, for properly performing response actions at the site based upon specific site conditions.
(b) In the performance of actions under this article and Article 8, a Private Site Manager and members of a Private Site Management Team shall:
(1) Comply with the requirements of Chapter 6.8 or, for sites selected pursuant to section 25396.6 of the Health and Safety Code, the requirements of Chapter 6.85;
(2) Conduct all activities in compliance with all applicable federal, State, and local laws and regulations, including but not limited to, requirements to obtain permits and to assure worker safety;
(3) Make a good faith and reasonable effort to identify the level of community concern and identify and obtain all material, data, reports, and other information that may relate to site conditions. The Private Site Manager and members of the Private Site Management Team shall comply with the requirements of sections 25358.7 and 25358.7.1 of the Health and Safety Code in implementing or taking action under this article and Article 8. Any public participation requirements specifically set forth in this article are in addition to those requirements otherwise imposed by sections 25358.7 and 25358.7.1 of the Health and Safety Code;
(4) Identify and obtain any additional data and other information necessary to comply with the requirements of this article and Article 8; and
(5) Comply with the requirements of section 25355.8 of the Health and Safety Code, when the Project Proponent is not the current record owner of fee title to the property.
(c) Each report, plan, design, or other document that contains a finding, opinion, determination or decision related to a response action at the site and that is prepared by a Private Site Manager or Private Site Management Team and submitted to the Department under this article shall include all of the following:
(1) Description of the methods, data, assumptions, models, risk assessments, and conditions used to support the finding, opinion, determination, or decision;
(2) Describe any data, assessments, assumptions, qualifications or limitations regarding alternative findings, opinions, determinations or decisions that were considered and rejected;
(3) A statement verifying that the finding, opinion, determination, or decision submitted to the Department is in conformance with all requirements of this article, Article 8, and Chapter 6.8 or, for sites selected pursuant to section 25396.6 of the Health and Safety Code, Chapter 6.85;
(4) A list of any State and federal technical guidance documents and manuals used to prepare the report, plan, design or other document;
(5) To the extent feasible, use appropriate formatting similar to the Department prepared or approved reports, plans, designs or other documentation;
(6) The signature, and if appropriate the seal or stamp, of the Private Site Manager, and the date the document was signed; and
(7) The signatures of all Private Site Management Team members who prepared or helped to prepare the report, plan, design or other document being submitted by the Private Site Manager.
(d) In addition to the performance standards set forth in subsections (a) through (c), the Private Site Manager or a member of the Private Site Management Team shall immediately notify the Project Proponent when site conditions or an incident at the site poses an imminent or substantial endangerment to the public health, welfare, or environment. The Private Site Manager shall notify the Department within 24 hours of discovery of the site condition or incident unless the Private Site Manager knows the Project Proponent has already notified the Department of that site condition or incident.
(e) Private Site Managers and members of a Private Site Management Team are subject to the requirements and prohibitions of section 25395.13 of the Health and Safety Code.
Note: Authority cited: Sections 25351.5 and 25395.15, Health and Safety Code. Reference: Sections 25358.7, 25358.7.1, 25395.1, 25395.2, 25395.3, 25395.4, 25395.10, 25395.13 and 25395.15, Health and Safety Code.
s 69002. Preliminary Endangerment Assessment Report.
(a) A Private Site Manager shall use the Department's PEA Guidance Manual (January 1994 and reprinted in June 1999), which is incorporated by reference, to conduct an investigation of a potential hazardous substance release site and to prepare a PEA report that determines if there has been a hazardous substance release or threatened release at the site.
(b) If a Private Site Manager determines, based on the PEA results, that a significant hazardous substance release has not occurred and is not likely to occur at the site and therefore site conditions do not require any further investigation or remedial action, the Private Site Manager may submit a PEA report to the Department certifying that no further action is required at the site. If the Private Site Manager submits a PEA report under this subsection, the Private Site Manager shall do either of the following:
(1) Submit a signed statement indicating that the Private Site Manager agrees to pay all of the Department's Reasonable Costs for reviewing the PEA report upon receipt of the Department's invoice; or
(2) Submit a statement, signed by the Project Proponent, indicating that the Project Proponent agrees to pay all of the Department's Reasonable Costs for reviewing the PEA report upon receipt of the Department's invoice.
(c) If a Private Site Manager determines, based on the PEA results, that a significant hazardous substance release has occurred or is likely to occur at the site, the Private Site Manager may submit the PEA report and the determination to the Department for review and concurrence under section 69011.
Note: Authority cited: Sections 25351.5 and 25395.15, Health and Safety Code. Reference: Sections 25395.2 and 25395.14, Health and Safety Code.
s 69003. Private Site Management Program Application Package
(a) If the PEA report prepared by the Private Site Manager under subsection (a) of section 69002 determines that a significant hazardous substance release has occurred or is likely to have occurred at the site, and if the Department concurs with this determination under subsection (b) of section 69011, the Private Site Manager may do either of the following:
(1) Assist the Project Proponent in submitting an Application Package; or
(2) Prepare and submit an Application Package that has been signed by the Project Proponent.
(b) The Application Package shall include the following:
(1) Names of the designated members of the Private Site Management Team;
(2) Statement of the professional qualifications of each Private Site Management Team member;
(3) Description of how each Private Site Management Team member's experience and expertise will address specific site conditions;
(4) PEA report prepared under subsection (a) of section 69002, including a community profile report;
(5) RI report, if one has been prepared, or other investigative reports;
(6) Name and professional qualifications of the Private Site Management Team member with the experience or training in public participation, risk communication, and community involvement required by section 25395.4 of the Health and Safety Code;
(7) Sufficient information for the Department to determine that the Private Site Manager and members of the Private Site Management Team possess appropriate insurance, as specified in section 69004;
(8) Information that demonstrates that the site meets all the conditions set forth in subsection (a) of section 25395.3 of the Health and Safety Code; and
(9) Information that demonstrates that the Private Site Manager meets all the requirements of subsection (b) of section 25395.3 of the Health and Safety Code.
(c) The Application Package shall contain CEQA documentation including sufficient information to allow the Department to determine whether site conditions or any proposed response actions may require the preparation of an EIR. A site will not be automatically disqualified if an EIR is required. The Application Package shall include information regarding the impacts that site conditions or any proposed response actions may have on: the geologic features of the site; land use planning; public health and safety; local population and housing in the vicinity of the site; water quality; air quality; traffic and transportation; ecological and biological resources; energy and mineral resources; noise levels; public service systems and utilities; local aesthetics; cultural resources; and recreation. The Department may be the lead agency for CEQA compliance for sites participating in the Private Site Management Program. If another public agency is the lead agency for the site or a portion of the site, the Application Package shall identify the lead agency and shall include any CEQA documents prepared by the lead agency. If the Application Package does not contain sufficient information to allow the Department to determine whether an EIR may be required, the Department may request the Private Site Manager to provide additional information. If the Department determines a subsequent or supplemental EIR is required and that the CEQA documentation is insufficient, the Department may prepare additional documentation in accordance with section 21166 of the Public Resources Code and section 15162 of title 14 of the California Code of Regulations and may request the Private Site Manager to provide additional CEQA documentation.
(d) The Application Package shall include a description of the public participation activities proposed for the site.
(e) If the Department determines that there is a substantial likelihood that further significant environmental damage or human exposure may occur as the response action is implemented, the site is not appropriate for the Private Site Management Program, and the Department will disapprove the Application Package.
(f) If the Department determines that the Application Package does not include the information and documentation required by this section, the Department may disapprove the Application Package. The Department will describe the actions needed to correct identified deficiencies.
(g) Sites listed pursuant to section 25356 of the Health and Safety Code are not appropriate for the Private Site Management Program.
(h) If the Department approves an Application Package, a Private Site Management Team may be designated for the site.
Note: Authority cited: Sections 25351.5 and 25395.15, Health and Safety Code. Reference: Sections 25395.2, 25395.3, 25395.4 and 25395.10, Health and Safety Code.
s 69004. Insurance Requirements.
(a) The Private Site Manager shall ensure that the Private Site Manager and each member of the Private Site Management Team maintains appropriate insurance. All insurance policies maintained under this article shall provide for 120-day advance written notice of cancellation to the Project Proponent and to the Department. In the event the Private Site Manager or a member of the Private Site Management Team fails to keep in effect the insurance coverage specified in this section, the Department may terminate the Private Site Manager's participation in the Private Site Management Program. If the Department terminates the Private Site Manager's participation in the Private Site Management Program, the Project Proponent may submit a new Application Package for the site. Upon request by the Department, the Private Site Manager and each member of the Private Site Management Team shall provide certificates of the insurance and copies of each insurance policy required under subsections (b) through (h).
(b) The Private Site Manager shall maintain comprehensive general liability insurance with limits of not less than $1,000,000 per occurrence for bodily injury and property damage liability combined, with an annual aggregate of no less than $2,000,000. The policy shall include coverage for liabilities arising out of the site premises and operations, independent contractor activities at the site, products used or produced at the site, completed site operations, personal and advertising injury, and liability assumed under an insured contract.
(c) The Private Site Manager shall maintain motor vehicle liability insurance with limits of not less than $1,000,000 per accident, with an annual aggregate of no less than $2,000,000. This motor vehicle liability insurance shall cover liability arising out of operation of a motor vehicle including owned, hired, and non-owned motor vehicles.
(d) The Private Site Manager shall maintain statutory workers' compensation and employer's liability coverage for all of its employees who will be engaged in activities under the Private Site Management Program, including special coverage extensions where applicable.
(e) In addition to the minimum insurance requirements in subsections (b) through (d), a Private Site Manager and each member of the Private Site Management Team who performs consulting services shall provide evidence of Professional Liability/Errors and Omissions Coverage, with policy limits of at least $1,000,000 per claim, with an annual aggregate of no less than $2,000,000, for liabilities arising out of errors, omissions or negligent acts related to or in connection with activities under the Private Site Management Program.
(f) The Private Site Manager who performs response actions shall provide evidence of Pollution/Environmental Impairment Liability Coverage with policy limits of at least $1,000,000 per occurrence, with an annual aggregate of no less than $2,000,000, for bodily injury and property damage liability combined.
(g) The Private Site Manager shall obtain appropriate environmental insurance coverage under article 8.7 (commencing with section 25395.40) of Chapter 6.8 if insurance coverage under article 8.7 is available.
(h) The Private Site Manager shall maintain any other types of insurance appropriate for conditions at the site, as required by the Project Proponent or as required by any statute, regulation, or ordinance of a state or local governmental agency.
(i) If the Private Site Manager or a member of the Private Site Management Team demonstrates by evidence satisfactory to the Department that any contractor or subcontractor maintains insurance covering activities at the site that is equivalent to the insurance described in subsections (b)-(h), or insurance covering the same risks but in lesser amount, then the Private Site Manager or member of the Private Site Management Team need provide only that portion of the insurance that is not maintained by the contractor or subcontractor.
Note: Authority cited: Sections 25351.5 and 25395.15, Health and Safety Code. Reference: Sections 25355.2, 25395.3, 25395.4, 25395.10 and 25395.40, Health and Safety Code.
s 69005. Compliance with the California Environmental Quality Act.
(a) The Department may be the lead agency for CEQA actions for sites in the Private Site Management Program or another public agency may be the lead agency for a site or a portion of the site. If the Department is not the lead agency, the Department, as a responsible agency, will review the lead agency's CEQA documents.
(b) If the Private Site Management Team determines the site requires a removal action, the Private Site Manager shall submit the following to the Department: draft RAW, PEA report, RI report, draft CEQA information, and any other investigative documents pertaining to the site. The Department will consider the draft RAW technically complete if the draft RAW meets the requirements of this article, Article 8, and Chapter 6.8 or, for sites selected pursuant to section 25396.6 of the Health and Safety Code, Chapter 6.85.
(c) If the Department is the lead agency, the Department will determine whether an Initial Study is required for the RAW. For the Department's determination regarding an Initial Study, the Private Site Manager shall submit to the Department all information necessary for making a determination of the potential for significant effects on the environment from the removal action. The Department will consider the CEQA information technically complete if the Department determines that all information necessary to prepare an Initial Study has been submitted. If the Department determines the removal action is not exempt from CEQA, the Department will prepare an Initial Study. When the Department determines that all applicable CEQA documents have been completed, a 30-day comment period will commence on the Department's proposed CEQA determination. Public review of the CEQA documents and the draft RAW will be held concurrently.
(d) If the Private Site Management Team determines the site requires a RAP, the Private Site Manager shall submit the following to the Department: draft RAP, RI report, FS report, draft CEQA information, and any other investigative documents pertaining tothe site. The Department will consider the draft RAP technically complete if the draft RAP meets the requirements of this article, Article 8, and Chapter 6.8 or, for sites selected pursuant to section 25396.6 of the Health and Safety Code, Chapter 6.85. (continued)