Site Mitigation & Restoration Program

We protect and maintain California’s land and places
by setting strict standards for land restoration and cleanup

3-Step Process

Step One: Phase I Environmental Site Assessment  •  Step Two: Preliminary Environmental Assessment  •  Step Three: Response Action

Step One: Phase I Environmental Site Assessment

School districts contract with qualified environmental consultants to prepare a Phase I Environmental Site Assessment (Ed. Code, § 17210, subsec. (b) and § 17213.1, subsec. (a)). The consultant reviews records to determine if the potential exists for exposure to hazardous materials, including methane and naturally occurring hazardous substances (Ed. Code, § 17210.1, subsec. (a)(1) and (2)). The school district submits this assessment for DTSC review, comment and approval.

DTSC must provide a determination on this assessment within 30 days.  However, if the assessment is not complete and DTSC requests additional information, DTSC will review and approve the assessment 30 days after receiving the information (Ed. Code, § 17213.1, subsec. (a)(2) and (3)).

If assessment identifies no potential contamination, the school district will receive a “No Action” determination letter from DTSC, and the process is complete (Ed. Code, § 17213.1, subsec. (a)(2)). When a Phase I Environmental Site Assessment reveals potential contamination, a Preliminary Environmental Assessment may be required to evaluate the threat to human health or the environment.

In September 2002, DTSC filed emergency Phase I regulations to add  the Phase I Addendum to the school site environmental review process to save school districts time and money (Cal. Code Regs., tit. 22, div. 4.5, ch. 51.5). These regulations were finalized and approved in February 2003.  These regulations enable school districts to conduct focused investigations for potential soil contamination from lead-based paint and electrical transformers. If the results indicate contaminant concentrations above acceptable limits, further action will be required.

In November 2006, DTSC filed an emergency amendment to the Phase I regulations to reference the updated American Society of Testing and Materials (ASTM) Standard E1527-05, and allow evaluation of termiticide application, in addition to lead-based paint and electrical transformers, in a Phase I Addendum.

The final amended Phase I regulations were approved in July 2007.  In addition to the emergency amendment, these regulations clarify the Phase I and Phase I Addendum processes, and streamline the environmental review process to help minimize site assessment costs for properties historically considered unlikely to have contamination, such as residential properties.

To submit a Phase I and Phase I Application for review, Please submit one paper copy and one electronic copy of the Phase I to:

Shahir Haddad
Phase I Coordinator
Brownfields & Environmental Restoration Program
Department of Toxic Substances Control
5796 Corporate Avenue
Cypress, California  90630

DTSC may request submittal of additional paper copies to facilitate review.  The electronic copy should be submitted in Adobe Portable Document Format (PDF) in accordance with the Guidelines for Submitting PDF Documents to DTSC.  All submittals should include applicable signature and certification stamps.

Please forward a check in the amount of $1,500.00, payable to Department of Toxic Substances Control and bearing on its face the project name and School District to:

Department of Toxic Substances Control
Accounting Office
1001 I Street, 21st Floor
P.O. Box 806
Sacramento, California  95812-0806

For additional information regarding the Phase I review process, please contact Mr. Shahir Haddad at (714) 484-5368 or Shahir.Haddad@dtsc.ca.gov.

 

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Step Two: Preliminary Environmental Assessment

A Preliminary Environmental Assessment is required when there is potential contamination on the school site. This can be determined through a Phase I Environmental Site Assessment or districts may elect to proceed directly to a Preliminary Environmental Assessment based on site knowledge (Ed. Code, § 17213.1, subsec. (a)(4)(B)). The assessment includes collection of environmental samples and evaluation of potential health risks. School districts enter into an Environmental Oversight Agreement with DTSC, then contract with a qualified environmental consultant to prepare an assessment according to DTSC guidelines.  The assessment includes preparation of a work plan, collection and analysis of environmental samples, and preparation of a Preliminary Environmental Assessment report (Ed. Code, § 17210, subsec. (b) and § 17213.1, subsec. (a)(4)(B)). The report includes results of environmental sampling and a health risk assessment conducted according to DTSC guidelines (Ed. Code, § 17213.1, subsec. (a)(4)(B)). As required by the Education Code (Ed. Code, § 17213.1, subsec. (a)(6)), school districts must make the report available for public review and comment before DTSC’s final determination. DTSC is required to approve or disapprove the Preliminary Environmental Assessment Report within 30 days of close of public review period (Ed. Code, § 17213.1, subsec. (a)(6)(A)) or within 30 days of the school district’s approval of the Environmental Impact Report for the school (Ed. Code, § 17213.1, subsec. (a)(6)(B). If the assessment identifies no significant health or environmental risks, the school district will receive a “No Further Action” determination letter from DTSC (Ed. Code, § 17213.1, subsec. (a)(9)) and the process is complete. If the assessment identifies potential contamination, further action will be required.

To start the PEA process, submit an Environmental Oversight Program (EOP) application (Environmental Oversight Program Application) (school district), signed by an authorized school district representative, to:

Shahir Haddad
Agreement Coordinator
Brownfields & Environmental Restoration Program
Department of Toxic Substances Control
5796 Corporate Avenue
Cypress, California  90630

An appropriate agreement, for review and signature, will be prepared and forwarded. Then, the project will be assigned to a project manager who will contact the school district to schedule a scoping meeting For additional information regarding Preliminary Environmental Assessment process or entering into an agreement, please contact Mr. Shahir Haddad at (714) 484-5368 or Shahir.Haddad@dtsc.ca.gov.

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Step Three: Response Action

If the Preliminary Environmental Assessment identifies significant contamination, school districts may elect to drop the proposed school site from consideration or clean up the contamination under a DTSC Voluntary Cleanup Agreement (VCA) or School Cleanup Agreement (SCA). An SCA is required for school districts planning to obtain final site or plan approval and full funding before completion of required response actions. Consistent with response actions conducted for other contaminated sites, DTSC follows Health and Safety Code requirements for all responses actions (Ed. Code, § 17210.1, subsec. (a)(1) and (2) and § 17213.2, subsec. (a)). DTSC is required to provide opportunities for public comment on the Removal Action Work Plan or Remedial Action Plan before approval of the final document (Health & Saf. Code, div. 20, ch. 6.8, § 25356.1, subsec. (e) and (h)). When all necessary cleanup activities are complete, DTSC will certify that “No Further Action” is needed.

To continue with the response action process, school districts should submit a written request to amend the existing Environmental Oversight Agreement (EOA) to a Voluntary Cleanup Agreement (VCA), or School Cleanup Agreement (SCA) signed by an authorized district representative, to:

Alejandra Rivera
Agreement Coordinator
Brownfields Restoration and School Evaluation Branch
Site Mitigation and Restoration Program
Department of Toxic Substances Control
5796 Corporate Avenue
Cypress, California  90630

The request should include the following information:

  • Docket number for the existing agreement.
  • School name and DTSC site code.
  • Description of further action to be conducted (Supplemental Site Investigation, Removal Action Work Plan, Remedial Investigation, Feasibility Study or Remedial Action Plan).
  • Chemicals of concern at the site.
  • Date of final Preliminary Environmental Assessment report.
  • Date of DTSC determination for further action.
  • Designation of the representative who will coordinate agreement activities with DTSC and will be the responsible signatory on the agreement.

The appropriate agreement will be prepared and sent for review and signature. For additional information regarding response action process or amending an agreement, please contact Mr. Haddad at (714) 484-5368 or Shahir Haddad@dtsc.ca.gov.

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