Response Plan (Cleanup Plan)

The CLRRA Response Plan (Health & Safety Code 25395.96, equivalent to a Removal Action Work Plan) shall:

1. Clearly identify the release or threatened release that is the subject of the Response Plan, and document that the plan is based on an adequate characterization of the Site. CLRRA immunities will apply only to media and contaminants addressed by the Response Plan;
2. Identify the response objectives and the proposed remedy, identify future land uses of the Site, and identify current and projected land use and zoning designations which need to be confirmed by the host jurisdiction;
3. Include a description of activities that will be implemented to control any risk to human health and safety or the environment that may occur during the response action at the Site;
4. Include a description of any land use control that is part of the response action;
5. Include provisions for DTSC to require further response actions based on the discovery of hazardous materials that pose an unreasonable risk to human health and safety or the environment that are discovered during the course of the response action or subsequent development of the Site;
6. Include DTSC’s standard public participation process, and if desired, propose the use of alternative methods for public participation. DTSC shall coordinate its public participation activities with those undertaken by other agencies associated with the development of the property to avoid duplication of efforts;
7. Include information on how decisions about the Site are made and the recourse that is available for those who may disagree with DTSC’s decision; and,
8. Consider the issue of environmental justice before taking action on the response plan.
9. DTSC will notify all appropriate regulatory agencies of the approval of the Response Plan. If the use of the property changes to one that requires a higher level of protection, DTSC may require the preparation and implementation of a new response plan.
10. If an Operation and Maintenance plan is required to maintain the long term efficacy of a response, DTSC will request a CLRRA Operation and Maintenance Agreement. Note that five-year reviews are not required for CLRRA projects.

Response Form

Upon approval of a response plan, a party who qualifies for immunity under CLRRA needs to submit a form to the Department of Toxic Substances Control (DTSC) with the following information:

1. description, address, and location of the Site;
2. description of the type and extent of releases and threatened releases identified for response in the response plan;
3. estimate of the cost of the response action identified in the response plan;
4. description of the present and proposed use of the Site, including current and potential future zoning and land use designations;
5. description of any land use restrictions; and
6. description and the concentrations of the release and threatened release that will not be remediated pursuant to the response plan.

For more information, contact Maryam.Tasnif-Abbasi@dtsc.ca.gov.

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