Site Mitigation & Restoration Program

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

California Land Reuse and Revitalization Act (CLRRA) Site Assessment Plan/Report of Findings

Site Assessment Plan/Report and Report of Findings

Under the California Land Reuse and Revitalization Act (CLRRA) the Site Assessment Plan is the first step of the process, with information about the Site including, when appropriate, a risk assessment. Information regarding reasonably anticipated foreseeable uses of the Site based on current and projected land use and zoning designations should be included. If the release has impacted groundwater, reasonable characterization of underlying groundwater is needed, including present and anticipated beneficial uses of that water.

After completion of a Site assessment, a CLRRA project may move on to a Response Plan or a Report of Findings (which is equivalent to a Preliminary Endangerment Assessment). The Report of Findings may recommend no further action or no further action with a Land Use Covenant (LUC). If an LUC is the only remedy needed, the Report of Findings will undergo the public notice process.

(See H&S Code Section 25395.94 and .95)

DTSC’s Voluntary Oversight Program – CRRLA Process FLowchart. Begins with: 1. Applicant Eligibility: Applicant must be a Bona fide Purchaser (BFP), Innocent Land Owner (ILO), and/or Contiguous Property Owner (CPO). Applicant can also be a Prospective Purchaser (PP) who meets appicable requirement, provides notices to DTSC when title has been transferred, and provides notice to DTSC when title has been transferred, and provides a copy of AAI to confirm eligibility. Applicant can also be a Bona Fide Ground Tenant (BFGT) who meets the applicable requirements and has a lease term of at least 25 years. Applicant eligibility requirements apply to parties entering into Assignment & Assumption Agreements and Successor Agreements to existing CLRRAs. 2. Site Eligibility: a) Memorandum of Agreement process verifies that DTSC will be the lead agency. b) Not on National Priorities List (NPL) or being considered for the NPL, or contamination not emanating from NPL. c) Located in an area with a population of 100,000 or more. d) If the site has outstanding enforcement orders, DTSC will need to conduct further analysis. e) Site needs environmental evaluation, i.e., assessment and/or cleanup. f) Not listed on Annual Work Plan as defined in H&S 25356. g) No state or local agencies object to CLRRA based on DTSC's pre-agreement letter notifying intent to enter into CLRRA. h) Contamination cannot be solely from a petroleum release from an underground storage tank. 3. Host jurisdiction notification 4. Agreement (Immunities Start): California Land Reuse and Revitalization Act Agreement, Assignment & Assumption Agreement, Successor Agreement 5. Scoping Meetings: During negotiation or shortly after agreement execution, May be held prior to submitting any document to DTSC for review 6. Public Participation Activities (as needed) 7. Tribal Consultation (as needed) 8. Evaluation: Site Assessment Plan, Report of Findings. Possible End Point 9. Remedy: Response Plan, Response Plan Implementation Report 10. Certification: Certificate of Completion (unrestricted use), Certification of Completion with stewardship. Possible End Point 11. Stewardship: Land Use Restriction, Operation and Maintenance with Financial Assurance. Possible End Point Possible End Points: 1. Based on site assessment results, projects may conclude without the need for any further action. 2. Based on assessment results, projects may conclude with only a Land Use Covenant, in which case a public notice process will be implemented via Report of Findings; and, 3. Cleanup may either be conducted to unrestricted land use or require long-term stewardship.

This document is intended to be guidance only and it does not supersede or implement laws or regulations. The information in this advisory is intended solely as guidance and as educational reference material and should not be considered enforceable or regulatory in nature.