Site Mitigation & Restoration Program

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

Voluntary Agreements Quick Reference Guide

Types of Voluntary Oversight Agreements Offered by DTSC

Standard Voluntary Agreement

Applies to most properties and parties and used for limited and broad project scopes. See the new template.

Reimbursement Agreement

For limited consultation and discussion with DTSC. DTSC is not able to make regulatory decisions under a Reimbursement Agreement.

Local Agency AgreementNEW!

The Local Agency Agreement allows for local agencies and other government entities to meet the environmental requirements to obtain the immunities and protections set forth in Health & Safety Code Section 25403 et seq for cleanups conducted under DTSC’s oversight.

California Land Reuse and Revitalization Act Agreements

Provides limited liability protection for a bona fide purchaser, bona fide prospective purchaser, innocent land owner, contiguous property owner, or a ground tenant of a property if specific eligibility criteria are met. See the new template.

Prospective Purchaser Agreement

Provides limited liability protection and “covenant not to sue” to a prospective purchaser of a property if specific eligibility criteria are met.

Requesting brownfields oversight is simple:

  • Apply: Request for Lead Agency Oversight Application – Submittal of the application is your agreement to pay costs incurred during the agreement negotiation.
  • Coordinate: As per the 2005 Memorandum of Agreement between DTSC, the State Water Resources Control Board and the Regional Water Quality Control Boards the agencies will work together to determine the lead regulatory agency.
  • Negotiate: When DTSC is the Lead Agency, an agreement is developed, which includes site-specific details, a scope of work, and an estimate of DTSC’s charges. An opportunity to review the draft agreement is provided.
  • Sign: Once the agreement is signed, your environmental consultant will work with DTSC’s team of professionals to ensure the future development is safe.
  • Pay: An advance payment is required when the Agreement is executed.
  • Meet: The DTSC Project Manager reviews property information, and holds a scoping meeting to discuss schedule, tasks, regulatory requirements, and goals.
  • Technical Work: DTSC technical experts review documents provided by your consultant, provide oversight of field work, perform public engagement activities, and coordinate other tasks as needed. Activities will vary from property to property.
  • Invoice: DTSC’s accounting office sends invoices of DTSC’s charges on a quarterly basis.

DTSC’s Voluntary Agreements – Assessment and Cleanup Process: 1) Agreement: a) Standard Voluntary Agreement b) California Land Reuse and Revitalization Act Agreement c) Reimbursement Agreement d) Prospective Purchaser Agreement e) Local Agency Oversight Agreement 2) Scoping Meetings a) During negotiation or shortly after agreement execution b) Establishes strong working relationship between DTSC, the Proponent, and the environmental consultant c) Also may be held prior to submitting any documents to DTSC for review 3) Evaluation a) Preliminary Endangerment Assessment (PEA) b) Supplemental Site Investigation c) Remedial Investigation d) Report of Findings Possible End Point 4) Remedy Selection a) Feasibility Study b) Removal Action Work Plan c) Remedial Action Plan d) Response Plan 5) Implementation a) Removal Action Implementation b) Remedial Design c) Remedial Action Implementation d) Response Plan Implementation 6) Certification & Stewardship a) No Further Action b) Certificate of Completion c) Land Use Restriction d) Operation and Maintenance e) Five-Year Review Possible End Point During Remedy Selection, there is a Public Comment Period and California Environmental Quality Act (CEQA). During this entire process, Public Participation Activities and Tribal Consulation is included, as needed. Possible End Points: 1) Based on site evaluation, projects may conclude without need for any further action; 2) Based on site evaluation, projects may conclude with the need for a Land Use Covenant, in which case a public notice process will be implemented through a Preliminary Endangerment Assessment, Report of Findings, or equivalent documents; and 3) Cleanups may either be conducted to unrestricted land use levels, or may require long term stewardships.

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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.