CC SR 20161018 H - Ladera Linda Fields LettersRANCHO PALOS VERDES CITY COUNCIL
AGENDA REPORT
AGENDA DESCRIPTION:
MEETING DATE: 10/18/2016
AGENDA HEADING: Consent Calendar
Consideration and possible action to receive and file letters to the Department of Toxic
Substances Control (DTSC), the Palos Verdes Peninsula Unified School District
(PVPUSD) and the Palos Verdes American Youth Soccer Organization (AYSO)
regarding the soil issue at the Ladera Linda Fields
RECOMMENDED COUNCIL ACTION:
(1) Receive and file the letters to DTSC, PVPUSD and AYSO.
FISCAL IMPACT: None
Amount Budgeted: N/A
Additional Appropriation: N/A
Account Number(s): N/A
ORIGINATED BY: Kit Fox, AICP, Senior Administrative Analyst
REVIEWED BY: Gabriella Yap, Deputy City Manager.t
APPROVED BY: Doug Willmore, City Managervl/�
ATTACHED SUPPORTING DOCUMENTS:
A. Consent Agreement (page A-1)
B. Letter to DTSC (page B-1)
C. Letter to PVPUSD (page C-1)
D. Letter to AYSO (page D-1)
BACKGROUND AND DISCUSSION:
At the September 20, 2016, City Council meeting, Staff provided a status update on
issues related to the soil placed on PVPUSD's Ladera Linda Fields by AYSO. At the
conclusion of the City Council's discussion that evening, Staff was directed to prepare
letters to DTSC and PVPUSD. Staff prepared and transmitted the requested letters on
October 10, 2016. The letter to DTSC (Attachment B) expressed support for PVPUSD
and AYSO, and offered the City's assistance with DTSC's investigation and any
required site remediation so that AYSO may resume full use of the Ladera Linda Fields.
The letter to PVPUSD (Attachment C) requests a meeting with the Superintendent and
the Board of Education President to discuss working together to address our mutual
concerns about the timely completion of the DTSC investigation. Staff also sent a letter
to AYSO (Attachment D), expressing the City's support for AYSO and the prompt
resolution of this matter, including the possible use of Hesse Park fields.
1
On October 4, 2016, Staff learned that PVPUSD had signed a Consent Agreement
(Agreement) with DTSC (Attachment A). The copy of the Agreement attached to
tonight's report excludes 234 pages of exhibits, much of which has been provided to the
City Council previously. However, the complete Agreement with all exhibits is available
for review on the PVPUSD website. As of the date that this report was completed, Staff
awaited confirmation of the date(s) that AYSO and DTSC had signed the Agreement
(i.e., the Effective Date of the Agreement). The executed Agreement sets in motion a
time line and process for PVPUSD, AYSO and DTSC to determine whether or not
contaminated soil is present and, if so, how it will be remediated. Key steps with the
first few weeks on this time line include the following:
Task
Schedule
1.
Submittal of existing data and prior
Within 10 days of the Effective Date of the
site remediation reports
Agreement
2.
Identify Project Coordinator
Within 10 days of Initial Scoping Meeting,
if necessary
3.
Initial Scoping Meeting
Within 20 days of the Effective Date of the
Agreement
4.
Identify Preliminary Environmental
Within 10 days of Initial Scoping Meeting,
Assessment (PEA) consultant
if required by DTSC
5.
Conduct PEA
Within 30 days of Initial Scoping Meeting,
if required by DTSC
Submit PEA Workplan for review and
As required by DTSC
approval
Submit PEA Report for review and
As required by DTSC
approval
6.
Site Remediation Strategy Meeting
Within 20 days of DTSC's receipt of the
PEA Report
By the completion of Task 6, DTSC should be in a position to determine what (if any)
hazardous materials exist on the property and how (or if) they need to be remediated.
According to the terms of the Agreement and assuming an Effective Date in early- to
mid-October 2016, the parties may complete Task 6 by the end of the year.
2
ATKINSON, ANDELSON, LOVA, RUUD & ROMO
A PROFESSIONAL CORPORATION
FRESNO
ATTORNEYS AT LAW
RIVERSIDE
(559) 225-6700
12800 CENTER COURT DRIVE SOUTH, SUITE 300
(9 51) 683 -112 2
IRVINE
CERRITOS, CALIFORNIA 90703-9364
SACRAMENTO
(949) 453-4260
(562) 653-3200 • (714) 826-5480
(916) 923-1200
PASADENA
SAN DIEGO
(626) 583-4600
FAX (562) 653-3333
(858) 485-9526
PLEASA_NTON
WWW.AALRR.COM
(9 25) 227-9200
OUR FILE NUMBER:
005368.00610
14455161.5
October 4, 2016
VIA E MAIL & FIRST CLASS AM IL
Don Austin, Ed.D, Superintendent
Board of Education
Palos Verdes Peninsula Unified School District
375 Via Almar
Palos Verdes Estates, CA 90274
Re: DTSC Consent Agreement
Dear Dr, Austin:
Attached is a final Consent Agreement that addresses Department of Toxic Substances Control
("DTSC") oversight of soil that was brought in under the direction of PVAYSO and deposited on
a 400 foot by 60 foot area on the Northeast side of the Ladera Linda Soccer fields.
Approximately 85 truckloads of soil brought onto the site. The imported soil is an approximately
15 inch layer of soil on the 400 feet by 60 feet area.
When the District learned of concerns over the soil, as District counsel, I hired an outside
consultant, ALTA Environmental, to test the soil. On December 3, 2015, a full report of the tests
by ALTA was completed and attached as Exhibit "B" to the Consent Agreement. Immediately
after the ALTA report was prepared, PVAYSO also contracted with a consultant, Leymaster,
who prepared another analysis of the soil in the area and the results of this review are attached as
Exhibit "C." A more complete description of the soil and the history of the site and soils is at
Article 2.3 of the Consent Agreement.
In the December 3, 2015 ALTA Report, 16 small pieces of debris located on the 400 foot by 60
foot area identified by ALTA as building materials were taken from the site and tested in a
laboratory for asbestos content. Of these items 3 were identified as asbestos containing material.
Of the 3 items found to contain asbestos, ALTA indicated in their report that 1 sample may
contain friable asbestos. Friable means easily crumbled.
Following the ALTA investigation and report, PVAYSO hired Leymaster to conduct a similar
review of the site, but found nothing containing asbestos. Similarly, as noted in Exhibit "D" to
the Consent Agreement, another environmental consultant, Health Science Associates, also
A-1
ATKINSON, ANDELSON, LOYA, RUUD & ROMO
Don Austin, Ed.D, Superintendent
Board of Education
October 4, 2016
Page 2
surveyed the 400 foot by 60 foot area for debris on July 1, 2016 but did not find any asbestos
containing material.
The DTSC is the oversight agency for school districts with respect to all District properties that
may be used for school purposes. Thus, this District -- like most other school districts -- have
worked with and cleared properties through DTSC routinely. In this case, the Consent
Agreement reflects the law as applied to school districts with regard to investigation, review and
clean-up of any hazardous substances that might be located on the property pursuant to Health
and Safety Code Section 25350 et.seq.
The execution of this Consent Agreement is not an admission of guilt or consent to liability, as
reflected in Article 1.5 of the Consent Agreement.
Instead, the Agreement lays out the specific processes taken and steps to undertake if something
is found during the investigation. The investigation is preceded by a joint meeting (Art. 5,1.2).
If nothing is found during the investigation, then the District has no further responsibilities under
the agreement. (See conditional language in paragraphs 5.1.3, 5.3, 5.4, 5.5, 5.6, 5.7, 5.8, 5.9, and
5. 10.) If hazardous substances are found on the site, then each of the noted paragraphs could be
triggered. However, if no hazardous substances are located during the investigation, DTSC may
not utilize every step that is outlined within the terms of the Consent Agreement.
One of the benefits of entering into to the Consent Agreement is the ability to efficiently address
costs and fees incurred by DTSC under Health and Safely Code 25187.2 which are to be split
between the District and PVAYSO and move forward with investigation. (See Art. 6.20)
Very truly yours,
ATKINSON, ANDELSON, LOYA, RUUD & ROMO
Terry T. Tao
TTT:mbq
cc: Lora Dodell
A-2
005368.00610
14457&29.1
STATE OF CALIFORNIA
CALIFORNIA ENVIRONMENTAL PROTECTION AGENCY
DEPARTMENT OF TOXIC SUBSTANCES CONTROL
In the Matter of.
Palos Verdes Peninsula
Unified School District
Property at 32201 Forrestal Drive,
Rancho Palos Verdes, California
Respondents:
Palos Verdes Peninsula
Unified School District
375 Via Almar
Palos Verdes Estates, CA 90274
Palos Verdes American Youth
Soccer Association
AYSO Region 10
P.O. Box 2302
Palos Verdes Peninsula, CA 90274
Docket No. HSA -FY 16117-037
CONSENT AGREEMENT
Health and Safety Code
Sections 25355.5(a)(1)(B) and (C),
58009 and 58010
1. INTRODUCTION
1.1 Parties. Palos Verdes American Youth.Soccer Association ("PVAYSO"), a region
of the National American Youth Soccer Organization, a non-profit corporation; Palos Verdes
Peninsula Unified School District ("PVPUSD"), a California Public Entity, (PVAYSO and
PVPUSD are referred to herein collectively as "Respondents"'); and the California
Environmental Protection Agency, Department of Toxic Substances Control ("DTSC"), hereby
enter into this Consent Agreement ("Agreement") and agree to its terms and conditions. DTSC
and Respondents are referred to collectively herein as "Parties" and may be referred to
individually herein as "Party."
1.2 Property/Site. This Agreement applies to certain PVPUSD property (the "Site" as
defined herein) located adjacent to Ladera Linda Park, which is commonly referred to as "Ladera
Linda," located at 32201 Forrestal Drive, Rancho Palos Verdes, California. A map depicting the
Site and immediate surrounding area, including the location of facilities, buildings, residences,
and other structures, is attached hereto as Exhibit "A." The Site is an area approximately 400 feet
by 60 feet located North of the Upper Ladera improved soccer field. The Site also includes any
1 PVAYSO and PVPUSD are sometimes referred to individually herein as "Respondent."
Consent Agreement
FINAL 9/28/2016
I
A-3
areas on which stockpiled soil (described below) and any other material contained within the
stockpiled soil may have been deposited and to which stockpiled soil and any other material
containing within the stockpiled soil may have migrated, spread, or been moved. The Site also
includes the areal extent of any contamination that may have originated from releases of
hazardous substances from the stockpiled soil or any material contained therein.
1.3 Jurisdiction, This Agreement is entered into by the Parties pursuant to Health and
Safety Code sections 25355.5(a)(1)(B) and (C), 58009, and 58010. Health and Safety Code
section 25355.5(a)(1)(B) authorizes DTSC to issue an order establishing a schedule for removing
or remedying a release of a hazardous substance at a site, or for correcting the conditions that
threaten the release of a hazardous substance. The order may include, but is not limited to,
requiring specific dates by which the nature and extent of a release shall be determined and
requiring adequate site characterization, preparation and submittal of a remedial action plan to
DTSC for approval, and completion of a removal or remedial action.
Health and Safety Code section 25355.5(a)(1)(C) authorizes DTSC to enter into an
enforceable agreement with potentially responsible parties for a site that requires the parties to
take necessary corrective action to remove the threat of the release, or to determine the nature
and extent of the release and adequately characterize the site, prepare a remedial action plan, and
complete necessary removal or remedial actions, as required in the approved removal action
workplan or remedial action plan.
Health and Safety Code section 58009 authorizes DTSC to commence and maintain all
proper and necessary actions and proceedings to enforce its rules and regulations; enjoin and
abate nuisances related to matters within its jurisdiction which are dangerous to health; compel
the performance of any act specifically enjoined upon any person, officer, or board, by any law
of this state relating to and/or on matters within its jurisdiction to protect and preserve the public
health.
Health and Safety Code section 58010 authorizes DTSC to abate public nuisances related
to matters within its jurisdiction.
1.4 Pua2ose. Based on information available to DTSC and described herein, the Site
is or may be contaminated with hazardous substances as described in Section 2.4, below. The
purpose of this Agreement is for Respondents to investigate, characterize, and/or remediate the
release or threatened release of any hazardous substances at or fiom the Site under the oversight
of DTSC. The purpose of this Agreement is also for DTSC to obtain reimbursement from
Respondents for DTSC Cleanup Program's response costs incurred pursuant to this Agreement
and from PVPUSD in connection with the Fence and Post Order issued to PVPUSD on August 1,
2016 for costs incurred with respect to the Fence and Post Order on or after August 23, 2016.
1.5 No Admission of Liability. Respondents do not admit to any of the factual or legal
determinations described in this Agreement. Further, neither the fact that Respondents have
signed this Agreement nor any action(s) undertaken by them, together or separately, pursuant to
this Agreement, shall be deemed to constitute an admission of liability with respect to the matters
contained in this Agreement or with respect to the Site or Ladera Linda to DTSC or any other
person or entity. Respondents continue to maintain that they have no knowledge of or belief that
.Consent Agreement
005369.00610 FINAL 9/28/2016
14457534.1 2
any unlawful contaminants are present at the Site or Ladera Linda and expressly reserve the right
to challenge any and all findings, actions, orders, or directives concerning the Site or Ladera
Linda. Respondents do not acknowledge, admit or concede that the alleged release or threatened
release of hazardous substance(s) at or from the Site constitutes a risk to the public health or
welfare or to the environment.
II. FINDINGS OF FACT
DTSC hereby finds:
2.1 Liability_ of Respondents. Respondents are "responsible parties" or "liable
persons" as defined in Health and Safety Code section 25323.5. Respondent PVPUSD is the
current owner of Ladera Linda, which includes the Site. Respondent PVAYSO licenses and
operates Ladera Linda, including the Site, and uses portions of the site for its youth soccer
program.
2.2 Physical Description of Site. Ladera Linda, which includes the Site, is situated in
the City of Rancho Palos Verdes which is a primarily suburban area and has a population of
42,282 persons. Ladera Linda is licensed to PVAYSO and is used by youth soccer players and
their families. Ladera Linda is located along a gated section of Forrestal Road, in Rancho Palos
Verdes, California. Ladera Linda consists of three (3) fenced and grass -covered soccer playing
fields, and the Site as depicted in Exhibit "A" and described in paragraph 1.2.
2.3 Site History. Within the Site described in Sections 1.2 and 2.2, above, soils were
imported at the direction of PVAYSO in April of 2015, stockpiled and then spread out on the
exposed soil. Currently, the depositional area includes several feet of stockpiled soil. According
to PVPUSD, a portion of the stockpile was created years ago when the improved soccer field
known as Ocean Field was first constructed, and the stockpile includes soils that were removed
from that field area. In April 2015, additional soils were imported and deposited in the 400' by
60' depositional area. PVAYSO states that about 85 truckloads of soil were deposited on the Site
at that time, and that the 85 truckloads came from a residential project in Torrance, California.
Respondents maintain that the amount of soil deposited at that time was roughly 1,020 cubic
yards, which correlates to approximately 15 inches of the stockpile that can be observed in the
400' by 60' depositional area.
At the request of PVPUSD's counsel, on October 29 and November 20, 2015, Alta
Environmental conducted limited environmental soil sampling to assess imported soils at the
Site. Alta Environmental also collected and assessed bulk samples of building material debris
observed at the Site, using the methods described in its report noted below, to determine the
presence of asbestos. Alta Environmental also analyzed soil samples for the following:
• Volatile Organic Compounds (VOCs) by EPA Method 8260B/5035
• Total Petroleum Hydrocarbons (TPH) as gasoline (TPH-g) by EPA Method
801513/5035
• TPH as diesel (TPH-d) and TPH as oil (TPH-o) by EPA Method 8015B
• Organochlorine Pesticides (OCPs) by EPA Method 8081A
• Polychlorinated Biphenyls (PCBs) by EPA Method 8082
Consent Agreement
005365.00610 FINAL 9/28/2016
14457829.1 3
A-5
• Chlorinated Herbicides by EPA Method 8151A
• Organophosphorus Pesticides (OPPs) by EPA Method 8141B
• CCR Title 22 (CAM 17) Metals by EPA Methods located 6010B/7470A
• Hexavalent Chromium by EPA Method 7199
Alta Environmental presented its findings in a subsequent report, dated December 3,
2015. The purpose and scope of the sampling effort was limited in nature, as described in the
report. PVPUSD asserts that the Alta Environmental report was a confidential attorney-client
privileged document, and was kept as such. The PVPUSD school board waived the privilege,
releasing the report to the public on its website in July 2016. A copy of that report is attached as
Exhibit "B."
PVAYSO also retained an environmental consultant—Leym aster Environmental
Consulting ("Leymaster")----to sample and test the stockpiled soil on December 14, 2015. Using
protocols described in that report, Leyinaster collected and analyzed soil samples for the
following:
• Total Petroleum Hydrocarbons (TPH as diesel and oil) by EPA Method 8015M
• VOCs and TPH-gasoline by EPA Method 8260B (EPA Preparation Method 5035)
• Polychlorinated Biphenyls by EPA Method 8082
• Semi -Volatile Organic Compounds (SVOCs) by EPA Method 8270C
• Organochlorine Pesticides (OCPs) by EPA Method 8 0 8 1 A
• Organophosphorus Pesticides (OPPs) by EPA Method 8141A
• Chlorinated Herbicides by EPA Method 8151 A
• Title 22 Metals by EPA Methods 601 013/7470B
• Hexavalent Chromium by EPA Method 7199
• Arsenic and Thallium by EPA Method 6020
Leymaster issued a report dated December 23, 2015, which was made available to the
public. A copy of the Leymaster report is attached as Exhibit "C."
On July 1, 2016, Health Science Associates collected and analyzed air samples from
seven (7) locations at the Site by phase contrast microscopy pursuant to the NIOSH 7400.
Additionally, Health Science Associates collected nine (9) samples of "construction -apparent
debris" and analyzed them by polarized light microscopy pursuant to EPA 600/R-931116. A copy
of the Health Science Associates letter is attached as Exhibit "D."
2.4 Hazardous Substances Found at the Site.
2.4.1. Asbestos: Asbestos, in regulated concentrations, was detected in three (3) of
fifteen (15) samples of materials collected by Alta Environmental, which were identified as
construction debris by Alta Environmental, including roofing material with mastic, floor tile
debris, and vinyl sheet flooring with paper backing. Both the roofing mastic and floor tile were
considered by Alta Environmental to be non -friable. However, the vinyl sheet flooring with
paper backing was considered to be friable and a hazardous substance pursuant to Health and
Safety Code section 25316. California Code of Regulations, section 66261.24 classifies asbestos
Consent Agreement
005368.00610 FINAL 9/28/2016
14457929.1 4
Wo
in regulated concentrations to also be hazardous waste only if in a friable, powdered or finely
divided state. These three (3) samples were removed from the Site by Alta Environmental in
October and November, 2015.
In general terms, friable asbestos is a term used to describe any asbestos -containing
material that can be easily crumbled or pulverized to powder by hand. Friable asbestos is
associated with the health concerns noted in Section 2.5.1, below. Non -friable asbestos can
become friable as the materials containing them break down due to weather, age, and agitation.
No asbestos was detected in the soil matrix in the soil samples collected by Alta
Enviromnental. Health Science Associates identified no asbestos fibers in any of the air samples
it collected, nor did it identify ACM in the multiple samples of "construction -apparent debris"
collected from the Site.
2.4.2. Other potential constituents of concern. The findings presented by Alta
Environmental, Leymaster, and Health Science Associates, referenced in section 2.3 above, with
regard to other constituents are presented in Exhibits "B," "C," and "D."
2.5 Health Effects.
2.5.1. Asbestos. Asbestos fibers may be released into the air by the disturbance
of asbestos -containing material during product use, demolition work, building or home
maintenance, repair, and remodeling. In general, exposure may occur only when asbestos -
containing material is disturbed or damage in some way to release particles and fibers into the air
(http's://www.epa.gov/asbestos/learn-about-asbestos). Asbestos can cause cancer. Exposure to
asbestos by inhalation can cause fibrotic lung disease (asbestosis) and changes in the lining of
the chest cavity (pleura). These diseases can lead to reduced respiratory function and death.
Long-term inhalation of asbestos fibers also increases the risk of lung cancer and mesothelioma.
2.6 Routes of Exposure. DTSC finds that there is a likelihood of human or domestic
animal contact to hazardous substances found at the Site because the Site is located in a
residential community, immediately adjacent to a soccer field where children have routinely
played soccer. Additionally, biking trails within the Forrestal Nature Preserve to the north, west
and east are frequented by hikers and dogs. DTSC finds that potential routes of exposure include
inhalation, ingestion, and dermal contact. PVAYSO represents that it has closed the Upper
Ladera Fields improved soccer field to all league play. The Site is also currently surrounded by a
locked fence and the imported soils covered with a plastic tarp pursuant to DTSC's Fence and
Post Order.
2.7 •_Public Health and/or Environmental Risk. The Site is situated in a primarily
suburban area in the City of Rancho Palos Verdes. The City of Rancho Palos Verdes has a
population of 42,282 persons. Ladera Linda, which includes the Site, is licensed to PVAYSO.
The unimproved stockpiled soil area described in section 1,2 is not a soccer field. PVAYSO uses
the improved soccer fields at Ladera Linda for youth soccer players and their families. Ladera
Linda is also located near hiking trails frequented by hikers and dogs. Ladera Linda is in a
remote area of the City of Rancho Palos Verdes, and is surrounded on two sides by the Forrestal
Consent Agreement
M368.00610 FINAL 9/28/2016
14457839.1 5
A-7
Nature Preserve. The nearest residential property to the Site is approximately 800 feet to the
southwest of the Site.
DTSC finds that the Site may pose a public health risk if human contact is made with
hazardous substances found at the Site. Elevated concentrations of asbestos were detected in
certain materials identified as construction debris by Alta Environmental found at the Site, and
one (1) construction debris sample was considered to contain friable asbestos based upon the
nature of the material. PVPUSD represents that the three (3) pieces ofasbestos-containing
material identified by Alta Environmental were removed from the Site in October and
November, 2015. Further investigation of the Site may be necessary to fully characterize the
potential extent of potential releases or threatened releases of hazardous substances at or from the
Site.
1I1. CONCLUSIONS OF LAW
3.1 Respondents are "responsible parties" or "liable persons" as defined by Health
and Safety Code section 2.5323.5.
3.2 The substance listed in Section 2.4.1, above, is a "hazardous substance" as defined
in Health and Safety Code section 25316. California Code of Regulations, section 66261.24
classifies asbestos in regulated concentrations in a friable state to also be hazardous waste.
3.3 There has been a "release" and/or there is a "threatened release" of a hazardous
substance and California waste listed in Section 2.4.1, above, at the Site, as defined in Health and
Safety Code section 25320.
3.4 Response action may be required to protect and preserve the public health.
IV. DETERMINATION
4.1 Based on the foregoing findings of fact and conclusions of law, DTSC hereby
detennines that response action is necessary at the Site because there has been a release and/or
there is a threatened release of a hazardous substance.
V. CONSENT AGREEMENT
Based on the foregoing, IT IS HEREBY AGREED THAT Respondents conduct the
following actions in the manner specified herein and in accordance with a schedule specified by
DTSC as follows:
5.1 Chapter 6.8. All actions taken pursuant to this Agreement shall be consistent with
the requirements of Chapter 6.8 (commencing with section 25300), Division 20 of the Health and
Safety Code and any other applicable state or federal statutes and regulations.
5.1.1. Submittal of Existing Data. Prior Site -Related Reports, and Proposed Scope
of Work. Within 10 days of the Effective Date of this Agreement, Respondents will submit to
DTSC all background infonnation, sample analysis results, environmental assessment reports,
Consent Agreement
005368.00610 FINAL 9128/2016
14457829.1 6
MR
laboratory reports, remediation reports, and any other information pertinent to the hazardous
substance management and/or alleged release, characterization, and cleanup of the Site. This
includes information related to asbestos, as well as the other constituents identified by Alta
Environmental, Leyrnaster, and Health Science Associates that are identified in the exhibits
referenced in Section 2.4.2, above. In addition to submitting all of data and documents,
Respondents shall consolidate, analyze, and summarize all existing data and reports in a written
report (or reports). Respondents shall also submit a written summary of historical and current
activities and land uses on Site, uses of adjacent properties, and summary of previous
investigations. The evaluation of data and documentation should be used to support Respondents'
proposed scope of work (below) and shall be discussed at the Initial Scoping Meeting described in
Section 5.1.2, below.
Respondents shall submit a proposed scope of work, including, without limitation, any
potential areas and compounds of concern, proposed sampling strategy and analytical methods (if
further sampling is proposed), and any interim measures or proposed removal actions. If
Respondents propose to exclude the Upper Ladera Fields from further proposed response action,
the scope of work shall demonstrate with evidence and confirmatory data that none of the
imported soils were deposited, migrated, spread, or moved to the fields. The information
submitted by Respondents shall be reviewed and evaluated for conformance with DTSC statutory
and regulatory standards for quality assurance/quality control, site investigations, and site
remediation. DTSC will review the information to identify any areas and media of concern.
DTSC may determine the need for additional work required to complete further investigation,
characterization, and, if necessary, remediation of the Site. DTSC shall base its determination on
existing statutory and regulatory standards and guidelines and published action levels and health
based risk screening criteria.
5.1.2. Initial Scoping Meeting. Following DTSC's review of the materials
provided pursuant to Section 5.1.1, above, and within 20 days of the Effective Date of this
Agreement, a scoping meeting will be held by the Parties to discuss whether further site
characterization is necessary, and, if so, how the characterization will be conducted for the Site,
and how and when it will be implemented. If DTSC determines that further characterization is
needed based upon statutory and regulatory standards and guidelines, Respondents shall comply
with Sections 5. 1.3 and 5.1.4, below, or such other procedure(s) as may be agreed by the Parties,
as appropriate. DTSC shall determine at the scoping meeting, or in a subsequent correspondence
within 10 working days of the scoping meeting, that: (1) further site characterization, interim
measures, or response actions are necessary, and, if so, how and when these activities will be
conducted and implemented for the Site; or (2) no further characterization or action is needed,
and in such case Respondents shall have no further duties under Section 5 of this Agreement. If
DTSC detennines at or following the Initial Scoping Meeting that no further characterization or
action is needed, Respondents will develop a fact sheet or community update informing the
public and adjoining community regarding site activities and the basis of the no further action
determination for DTSC review and approval.
5.1.3. Preliminary Environmental Assessment PEA. If required by DTSC,
within 30 days of the Initial Scoping Meeting described in Section 5.1.2, above, Respondents
shall conduct a PEA to determine whether a release or threatened release of a hazardous
Consent Agreement
005368.00610 FINAL 9/28/2016
1445782-9.1
1 •
substance exists at the Site that poses a threat to human health or the environment. The PEA shall
be conducted in accordance with the DTSC guidance manual for evaluating hazardous substance
release sites, entitled: "Preliminary Endangerment Assessment Guidance Manual," State of
California, Environmental Protection Agency, Department of Toxic Substances Control (Revised
October 2015). Documents that will be required as part of the PEA are:
(a) PEA Consultant, The PEA shall be conducted under the direction and supervision of a
qualified environmental professional.. Within 10 days of the Initial Scoping Meeting
described in Section 5.1.2, above, Respondents must submit the name and address of the
environmental professional chosen by Respondents along with a resume or other
statement of qualifications demonstrating qualifications to prepare and implement the
PEA. Respondents shall promptly notify DTSC of any change in the identity of the PEA
consultant, and Respondents shall obtain approval from DTSC before the new PEA
consultant performs any work under this Agreement.
(b) PEA Workplan. This workplan shall include a sampling plan designed to determine the
type and general extent of contamination at the Site, if additional sampling is required; a
health and safety plan addressing health and safety issues and safe work practices; and a
quality assurance/quality control plan to produce data of known quality. The PEA
Workplan shall also include an implementation schedule for all activities necessary to
conduct a complete PEA for the Site. The deadline for submission of the PEA Workplan
will be determined by DTSC after completion of the Initial Scoping Meeting described in
Section 5.1.2, above, and will be deemed incorporated into and enforceable under this
Agreement.
(c) PEA Report. This report will document whether a release has occurred or threatened
release exists, the threat the Site poses to human health and the environment, and whether
further action is necessary. The deadline for submission of the PEA Report will be
determined by DTSC and will be deemed incorporated into and enforceable under this
Agreement.
5.1.4. Site Remediation Strategy Meeting. Within 20 days of receipt of the PEA
Report, the Parties shall meet to discuss the PEA Report and its recommendations for any further
investigation, characterization, and/or response action. Following this meeting, DTSC shall
determine whether further investigation, characterization, and/or response action is necessary
based upon existing statutory and regulatory standards and guidelines and the recommendations
of the PEA Report. DTSC will also identify the additional provisions of Section 5 and Section 6
of this Agreement, if any, with which Respondents need to comply to fulfill their obligations
pursuant to this Agreement. If DTSC determines that no further investigation, characterization,
and/or response action is needed, Respondents shall have no further duties under Section 5 of
this Agreement. If DTSC determines at or following the Site Remediation Strategy Meeting that
no further characterization or action is needed, Respondents will develop a fact sheet or
community update informing the public and adjoining community regarding site activities and
the basis of the no further action determination for DTSC review and approval.
Consent Agreement
005368.00610 FINAL 9/28/2016
14457829.1 g
A-10
5.2 Remedial Investigation/Feasibility Study (R/FS). If required based upon the
determination made pursuant to Section 5.1.4, above, a RI/FS shall be conducted for the Site.
The RDFS shall be prepared consistent with the U.S. Environmental Protection Agency's
"Guidance for Conducting Remedial Investigations and Feasibility Studies under CERCLA,"
October 1988. The purpose of the RI/FS is to assess Site conditions and to evaluate alternatives
to the extent necessary to select a remedy appropriate for the Site. RI and FS activities shall be
conducted concurrently and iteratively so that the investigations can be completed expeditiously.
Because of the unknown nature of the Site and iterative nature of the RI/FS, additional data
requirements and analyses may be identified throughout the process. Respondents shall fulfill
additional data and analysis needs identified by DISC; these additional data and analysis
requests will be consistent with the general scope and objectives of this Agreement.
The following elements of the RI/FS process shall be preliminarily defined in the initial
Site scoping and refined and modified as additional information is gathered throughout the RI/FS
process.
(a) Conceptual Site Model identifying contamination sources, exposure pathways, and
receptors;
(b) Federal, State and local remedial action objectives including applicable legal
requirements or relevant and appropriate standards;
(c) Project phasing including the identification of removal actions and operable units;
(d) General response actions and associated remedial technology types; and
(e) The need for treatability studies.
5.2.1 RDFS Objectives. The objectives of the RI/FS are to:
(a) Determine the nature and full extent of hazardous substance contamination of air, soil,
surface water and groundwater at the Site;
(b) Identify all actual and potential exposure pathways and routes through
environmental media;
(c) Determine the magnitude and probability of actual or potential harm to public health,
safety or welfare or to the environment posed by the threatened or actual release of
hazardous substances at or from the Site;
(d) Identify and evaluate appropriate response actions to prevent or minimize future
releases and mitigate any releases which have already occurred; and
(e) Collect and evaluate the information necessary to prepare a RAP.
Consent Agreement
005368.00610 FINAL 9/28/2016
14457829.1 9
A-11
5.2.2. RI/FS Workplan. If required as set forth in this Agreement, Respondents
shall prepare and submit to DTSC for review and approval a detailed RI/FS Workplan and
implementation schedule that covers all the activities necessary to conduct a complete RI/FS of
the Site.
The RI/FS Workplan shall include a detailed description of the tasks to be performed,
information or data needed for each task, and the deliverables which will be submitted to DISC.
Either Respondents or DTSC may identify the need for additional work.
These RDFS Workplan deliverables are discussed in the remainder of this Section, with a
schedule for implementation, and monthly reports. The RDFS Workplan shall include all the
sections and address each component listed below.
(a) Project Management Plan. The Project Management Plan shall define relationships
and responsibilities for major tasks and project management items by Respondents, its
contractors, subcontractors, and consultants. The plan shall include an organization chart
with the names and titles of key personnel and a description of their individual
responsibilities.
(b) Sco pin Document. The Scoping Document shall incorporate program goals, program
management principles, and expectations contained in the National Contingency Plan
(NCP) (40 Code of Federal Regulations (CFR) Part 300), as amended. It shall include:
(1) An analysis and summary of the Site background and the physical setting. At a
minimum, the following information is required:
(A) A map of the Site, and if they exist, aerial photographs and blueprints showing
buildings and structures;
(B) A description of past disposal practices;
(C) A list of all hazardous substances which were disposed, discharged, spilled, treated,
stored, transferred, transported, handled or used at the Site, and a description of their
estimated volumes, concentrations, and characteristics;
(D) A description of the characteristics of the hazardous substances at the Site; and
(E) If applicable, a description of all current and past manufacturing processes «(hich are
or were related to each hazardous substance.
(2) An analysis and summary of previous response actions including a summary of all
existing data including air, soil, surface water, and groundwater data and the Quality
Assurance/Quality Control (QA/QC) procedures which were followed;
(3) Presentation of the Conceptual Site Model;
Consent Agreement
005368.00610 FINAL 9/28/2016
14457829) 10
A-12
(4) The scope and objectives of RDFS activities;
(5) Preliminary identification of possible response actions and the data needed for the
evaluation of alternatives. Removal actions shall be proposed, if needed, based on the
initial evaluation of threats to public health and the enviromnent. If remedial actions
involving treatment can be identified, treatability studies shall be conducted during the
characterization phase, unless Respondents and DTSC agree that such studies are
unnecessary as set forth in Section 5.4, below; and
(6) If applicable, initial presentation of the Site Remediation Strategy.
(c) Field Sampling -Plan. Plan. The Field Sampling Plan shall include:
(1) Sampling objectives, including a brief description of data gaps and how the field
sampling plan will address these gaps;
(2) Sample locations, including a snap showing these locations, and proposed frequency;
(3) Sample designation or numbering system;
(4) Detailed specification of sampling equipment and procedures;
(5) Sample handling and analysis including preservation rnethods, shipping requirements
and holding times; and
(6) Management plait for wastes generated.
(d) Quality Assurance Project Plan. The plan shall include:
(1) Project organization and responsibilities with respect to sampling and analysis;
(2) Quality assurance objectives for measurement including accuracy, precision, and
method detection limits. In selecting analytical methods, Respondents shall consider
obtaining detection limits at or below potentially applicable legal requirements or
relevant and appropriate standards, such as Maximum Contaminant Levels (MCLs) or
Maximum Contaminant Level Goals (MCLGs);
(3) Sampling procedures;
(4) Sample custody procedures and documentation;
(5) Field and laboratory calibration procedures;
(6) Analytical procedures;
(7) Laboratory to be used certified pursuant to Health and Safety Code section 25198;
Consent Agreement
005368.00610 FINAL 9/28/2016
14457829.1 11
A-13
(8) Specific routine procedures used to assess data (precision, accuracy and
completeness) and response actions;
(9) Reporting procedure for measurement of system performance and data quality;
(10) Data management, data reduction, validation and reporting. Information shall be
accessible to downloading into DTSC's system; and
(11) Internal quality control.
(e) Health and Safety Plan, A site-specific Health and Safety Plan shall be prepared in
accordance with federal (29 CFR 1910.120) and state (Title 8 CCR Section S 192)
regulations. This plan should include, at a rninimum, the following elements:
(1) Site Background/History/Workplan;
(2) Key Personnel and Responsibilities;
(3) Job Hazard Analysis/Summary;
(4) Employee Training;
(5) Personal Protection;
(6) Medical Surveillance;
(7) Air Surveillance;
(8) Site Control;
(9) Decontamination;
(10) Contingency Planning;
(11) Confined Space Operations;
(12) Spill Containment;
(13) Sanitation;
(14) Illumination; and
(15) Other applicable requirements based on the work to be performed.
Consent Agreement
005368.00610 FINAL 9/28/2016
14 457839.1 12
A-14
DTSC's Interim Draft Site Specific Health and Safety Plan Guidance Document for Site
As.sessrnent/Investigatiorz, Site Mitigation Projects, Hazardous Waste Site Work Closure,
Post Closure, and Operation and Maintenance Activities (DISC, December 2000) can be
used as a reference tool.
All contractors and all subcontractors shall be given a copy of the Health and Safety Plan
prior to entering the Site. Any supplemental health and safety plans prepared by any
subcontractor shall also be prepared in accordance with the regulations and guidance
identified above. The prime contractor will be responsible for ensuring that all
subcontractor supplemental health and safety plans will follow these regulations and
guidelines.
(f) Other Activities. A description of any other significant activities which are appropriate
to complete the RI/FS shall be included.
(g) Schedule. A schedule which provides specific time frames and dates for completion
of each activity and report conducted or submitted under the RI/FS Workplan including
the schedules for removal actions and operable unit activities.
5.2.3. RI/FS Work-lan Implementation. If required pursuant to this Agreement,
Respondents shall implement the approved RI/FS Workplan.
5.2.4. RI/FS Workplan Revisions. If Respondents propose to modify any
methods or initiates new activities for which no Field Sampling Plan, Health and Safety PIan,
Quality Assurance Project Plan or other necessary procedures/plans have been established,
Respondents shall prepare an addendum to the approved plan(s) for DTSC review and approval
prior to modifying the method or initiating new activities.
5.3 Interim Screening and Evaluation of Remedial Technologies. If Respondents are
required to comply with 5.2, above, then, at the request of DTSC, Respondents shall submit an
interim document which identifies and evaluates potentially suitable remedial technologies and
recommendations for treatability studies.
5.4 Treatability Studies. If Respondents are required to comply with 5.2, above, then,
at the request of DTSC, treatability testing will be performed by Respondents to develop data for
the detailed remedial alternatives. Treatability testing is required to demonstrate the
implementability and effectiveness of technologies, unless Respondents can show DTSC that
similar data or documentation or information exists. The required deliverables are: a workplan, a
sampling and analysis plan, and a treatability evaluation report. To the extent practicable,
treatability studies will be proposed and implemented during the latter part of Site
characterization.
5.5 Remedial Investigation (RI) Report. If Respondents are required to comply with
5.2, above, then a RI Report shall be prepared and submitted by Respondents to DTSC for
review and approval in accordance with the approved RI/FS workplan schedule. The purpose of
the RI is to collect data necessary to adequately characterize the Site for the purposes of defining
risks to public health and the environment and developing and evaluating effective remedial
Consent Agreement
005363.00610 FINAL 9/28/2016
14457529.1 13
A-15
alternatives. Site characterization may be conducted in one or more phases to focus sampling
efforts and increase the efficiency of the investigation. Respondents shall identify the sources of
contamination and define the nature, extent, and volume of the contamination. Using this
information, the contaminant fate and transport shall be evaluated. The RI Report shall contain:
(a) Site Physical Characteristics. Data on the physical characteristics of the Site and
surrounding area shall be collected to the extent necessary to define potential transport
pathways and receptor populations and to provide sufficient engineering data for
development and screening of remedial action alternatives.
(b) Sources of Contamination. Contamination sources (including heavily contaminated.
media) shall be defined. The data shall include the source locations, type of contaminant,
waste characteristics, and Site features related to contaminant migration and human
exposure.
(c) Nature and Extent of Contamination. Contaminants shall be identified and the
horizontal and vertical extent of contamination shall be defined in soil, groundwater,
surface water, sediment, air, and biota, Spatial and temporal trends and the fate and
transport of contamination shall be evaluated.
5.6 Baseline Health and E_coiogical Risk Assessment. If Respondents are required to
comply with 5.2, above, then Respondents shall perforin health and ecological risk assessments
for the Site that meet the requirements of Health and Safety Code section 25356.1.5(b).
Respondents shall submit a Baseline Health and Ecological Risk Assessment Report
concurrently with the submittal of the RI Report. The report shall be prepared consistent with
U.S. EPA and DTSC guidance and regulations, including as a minimum: Risk Assessnnent
Guidance for Superfund, Volume l; Human Health Evaluation Manual, December 1989;
Superfund Exposure Assessment Manual, April 1988; Risk Assessment Guidance for Superfund,
Volume 2, Envirom-nental Evaluation Manual, March 1989; Supplemental Guidance for Human
Health Multimedia Risk Assessments of Hazardous Waste Sites and Permitted Facilities (DTSC,
September 1993); and all other related or relevant policies, practices and guidelines of the
California Environmental Protection Agency and policies, practices and guidelines developed by
U.S.EPA pursuant to 40 CFR 300.400 et seq. The Baseline Health and Ecological Risk
Assessment Report shall include the following components:
(a) Contaminant Identification. Characterization data shall identify contaminants of
concern for the risk assessment process.
(b) Environmental Evaluation. An ecological assessment consisting of:
(1) Identification of sensitive environments and rare, threatened, or endangered species
and their habitats; and
(2) As appropriate, ecological investigations to assess the actual or potential effects on
the environment and/or develop remediation criteria.
Consent Agreement
005308.00610 FINAL 9/28/2016
14457829.1 14
A-16
(c) Exposure Assessment. The objectives of an exposure assessment are to identify actual
or potential exposure pathways, to characterize the potentially exposed populations, and
to determine the extent of the exposure. Exposed populations may include industrial
workers, residents, and subgroups that comprise a meaningful portion of the general
population, including, but not limited to, infants, children, pregnant women, the elderly,
individuals with a history of serious illness, or other subpopulations, that are identifiable
as being at greater risk of adverse health effects due to exposure to hazardous substances
than the general population.
(d) Toxicit Assessment. Respondents shall evaluate the types of adverse health or
environmental effects associated with individual and multiple chemical exposures; the
relationship between magnitude of exposures and adverse effects; and related
uncertainties such as the weight of evidence for a chemical's potential carcinogenicity in
humans.
(e) Risk._ Characterization. Risk characterization shall include the potential risks of
adverse health or environmental effects for each of the exposure scenarios derived in the
exposure assessment.
5.7 Feasibility Study (FS) Report. if Respondents are required to comply with 5.2,
above, then, at the request of DTSC, a FS Report shall be prepared and submitted by
Respondents to DTSC for review and approval. The FS Report shall summarize the results of the
FS including the following:
(a) Documentation of all treatability studies conducted.
(b) Development of medium specific or operable unit specific remedial action objectives,
including legal requirements and other promulgated standards that are relevant.
(c) Identification and screening of general response actions, remedial technologies, and
process options on a medium and/or operable unit specific basis.
(d) Evaluation of alternatives based on the criteria contained in the NCP including:
Threshold Criteria:
(1) Overall protection of human health and the environment.
(2) Compliance with legal requirements and other promulgated standards that are
relevant.
Primary Balancing Criteria:
(1) Long -terns effectiveness and permanence.
(2) Reduction of toxicity, mobility, or volume through treatment.
Consent Agreement
005368.00610 FINAL 9/28/2016
14457829,1 15
A-17
(3) Short-term effectiveness.
(4) Implementability based on technical and administrative feasibility,
(5) Cost.
Modifying Criteria:
(1) State and local agency acceptance.
(2) Community acceptance.
(e) Proposed remedial actions.
5.8 Public Participation Plan (Community Relations). If Respondents are required to
comply with Section 5.2, above, then Respondents shall work cooperatively with DTSC in
providing an opportunity for meaningful public participation in response actions. Any such
public participation activities shall be conducted in accordance with Health and Safety Code
sections 25356.1 and 25358.7 and DTSC's most current Public Participation Policy and
Guidance Manual, and shall be subject to DTSC's review and approval.
Respondents, in coordination with DTSC, shall conduct a baseline community survey and
develop a Public Participation Plan (PPP) which describes how, under this Agreement, the public
and adjoining community will be kept inforned of activities conducted at the Site and how
Respondents will be responding to inquiries from concerned citizens. Major steps in developing
a PPP are as follows:
(a) Develop proposed list of interviewees;
(b) Schedule and conduct community interviews; and
(c) Analyze interview notes, and develop objectives.
Respondents shall implement any of the public participation support activities identified
in the PPP, at the request of DTSC. DTSC retains the right to implement any of these activities
independently. These activities include, but are not limited to, development and distribution of
fact sheets; public meeting preparations; and development and placement of public notices.
5.9 Remedial Action Plan (RAP). If Respondents are required to comply with 5.2,
above, Respondents shall prepare and submit to DTSC a draft RAP as appropriate. The draft
RAP shall be consistent with the NCP and Health and Safety Code section 25356.1. The draft
RAP public review process may be combined with that of any other documents required by
CEQA. The draft RAP shall be based on and summarize the approved RI/FS Reports, and shall
clearly set forth:
Consent Agreement
005368.00610 FINAL 9/28/2016
14457829.1
16
•
(a) Health and safety risks posed by the conditions at the Site.
(b) The effect of contamination or pollution levels upon present, future, and probable
beneficial uses of contaminated, polluted, or threatened resources.
(c) The effect of alternative remedial action measures on the reasonable availability of
groundwater resources for present, future, and probable beneficial uses.
(d) Site specific characteristics, including the potential for offsite migration of hazardous
substances, the surface or subsurface soil, and the hydro geologic conditions, as well as
preexisting background contamination levels.
(e) Cost-effectiveness of alternative remedial action measures. Land disposal shall not be
deemed the most cost-effective measure merely on the basis of lower short-term cost.
(f) The potential environmental impacts of alternative remedial action measures,
including, but not limited to, land disposal of the untreated hazardous substances as
opposed to treatment of the hazardous substances to remove or reduce their volume,
toxicity, or mobility prior to disposal.
(g) A statement of reasons setting forth the basis for the removal and remedial actions
selected. The statement shall include an evaluation of each proposed alternative
submitted and evaluate the consistency of the removal and remedial actions proposed by
the plan with the NCP.
(h) A schedule for implementation of all proposed removal and remedial actions.
In conjunction with DTSC, Respondents shall implement the public review process
specified in DTSC's Public Participation Policy and Guidance Manual. DTSC will prepare a
response to the public comments received. If required, the Respondents shall submit within two
(2) weeks of the request the information necessary for DTSC to prepare this document.
Following DTSC's finalization of the Responsiveness Summary, DTSC will specify any
changes to be made in the RAP. Respondents shall modify the document in accordance with
DTSC's specifications and submit a final RAP as directed by DTSC.
5.10 Remedial Design (RD). If Respondents are required to comply with 5.2, above,
then Respondents shall submit to DTSC for review and approval a RD describing in detail the
technical and operational plans for implementation of the final RAP which includes the
following elements, as applicable:
(a) Design criteria, process unit and pipe sizing calculations, process diagrams, and final
plans and specifications for facilities to be constructed.
(b) Description of equipment used to excavate, handle, and transport contaminated
material.
Consent Agreement
005368.00610 FINAL 9/28/2016
14457829.1 17
A-19
(c) A field sampling and laboratory analysis plan addressing sampling during
implementation and to confirm achievement of the performance objectives of the RAP.
(d) A transportation plan identifying routes of travel and final destination of wastes
generated and disposed.
(e) For groundwater extraction systems; aquifer test results, capture zone calculations,
specifications for extraction and performance monitoring wells, and a plan to demonstrate
that capture is achieved.
(0 An updated health and safety plan addressing the implementation activities.
(g) Identification of any necessary permits and agreements.
(h) An operation and maintenance plan including any required monitoring.
(i) A detailed schedule for implementation of the remedial action consistent with the
schedule contained in the approved RAP including procurement, mobilization,
construction phasing, sampling, facility startup, and testing.
0) A community air monitoring plan.
5.11 Removal Action and Removal Action Workplan. Respondents shall undertake
removal actions if, DTSC determines that they are necessary to mitigate the release of hazardous
substances at or emanating fi-onr the Site. DTSC may require Respondents to submit a Removal
Action Workplan (RAW) that includes a schedule for implementing the workplan for DTSC's
approval. Either DTSC or Respondents may identify the need for removal actions. If a RAW is
required, it shall be prepared in accordance with Health and Safety Code sections 25323.1 and
25356.1. The RAW will include:
(a) A description of the onsite contamination;
(b) The goals to be achieved by the removal action;
(c) An analysis of the alternative options considered and rejected and the basis for
that rejection. This should include a discussion for each alternative which covers
its effectiveness, implementability and cost;
(d) Administrative record list;
(c) A description of the techniques and methods to be used in the removal action,
including any excavating, storing, handling, transporting, treating, and disposing
of material on or off the Site;
Consent Agreement
005368.00610 FINAL 9/28/2016
14457829.1 18
A-20
(d) Sampling and Analysis Plan with corresponding Quality Assurance Plan to
confine. the effectiveness of the RAW, if applicable;
(g) A brief overall description of methods that will be employed during the removal
action to ensure the health and safety of workers and the public during the
removal action. A detailed community air monitoring plan shall be included if
requested by DTSC.
In conjunction with DTSC, Respondents shall implement the public review process
specified in DTSC's Public Participation Policy and Guidance Manual. DTSC will prepare a
response to the public comments received. If required, the Respondents shall submit within 10
days of the request the information necessary for DTSC to prepare this document.
Following DTSC's finalization of the Responsiveness Summary, DTSC will specify any
changes to be made in the RAW. Respondents shall modify the document in accordance with
DTSC's specifications and submit a final RAW within 15 days of receipt of DTSC's comments.
If the proposed removal action does not meet the requirements of Health and Safety Code
section 25356.1(h), the Respondents will prepare a Remedial Action Plan (RAP) in accordance
with Health and Safety Code section 25356.1(c) for DTSC review and approval.
5.12 Implementation of Final RAP or Final RAW. Upon DTSC approval of the RD or
RAW, Respondents shall implement the final RAP or final RAW in accordance with the
approved schedule in the RD or final RAW. Within 30 days of completion of field activities,
Respondents shall submit an Implementation Report documenting the implementation of the
final RAP and RD or final RAW.
5.13 Land Use Covenant. If the approved remedy in the final RAP or final RAW
includes deed restrictions or land use restrictions, pursuant to California Code of Regulations,
title 22, section 67391.1, the current owner(s) of the Site shall sign and record the deed
restrictions or land use restrictions approved by DTSC within 90 days of DTSC's approval of the
final RAP or final RAW.
5.14 Operation and Maintenance (O&M). Respondents shall comply with all O&M
requirements in accordance with the final RAP and approved RD or final RAW Within 30 days
of the date of DTSC's request, Respondents shall prepare and submit to DTSC, for approval, an
O&M Plan that includes an implementation schedule. Respondents shall implement the O&M
Plan in accordance with the approved schedule. Respondents shall enter into an O&M
Agreement, including financial assurance pursuant to California Health and Safety Code section
25355.2, with DTSC within (30) days of the date of DTSC's request.
5.15 Five -Year Review. If Respondents complete a remedial action, then Respondents
shall review and reevaluate the remedial action after a period of five years from the completion
of construction and startup, and every five year(s) thereafter, as appropriate. The review and
reevaluation shall be conducted to determine if human health and the environment are being
protected by the remedial action. Within thirty (30) days before the end of the time period
approved by DTSC to review and reevaluate the remedial action, Respondents shall submit a
Consent Agreement
005365.00614 FINAL 9/28/2016
14457829.1 19
A-21
remedial action review workplan to DTSC for review and approval, Within sixty (60) days of
DTSC`s approval of the workplan, Respondents shall implement the workplan and shall submit a
comprehensive report of the results of the remedial action review. The report shall describe the
results of all sample analyses, tests and other data generated or received by Respondents and
evaluate the adequacy of the implemented remedy in protecting public health, safety and the
environment. As a result of any review performed under this Section, Respondents may be
required to perforin additional work or to modify work previously performed.
5.16 . Changes During Implementation of the Final RAP or Final RAW. During the
implementation of the final RAP and RD or final RAW, if such are required, DTSC may specify
such additions, modifications, and revisions to the final RAP or RD or final RAW as DTSC
deems necessary to protect public health and safety or the environment or to implement the final
RAP or RD or final RAW.
5.17 California Environmental Quality Act (CEQA). DTSC must comply with CEQA
insofar as activities required by this Agreement are projects requiring CEQA compliance. Upon
DTSC request, Respondents shall submit any information deemed necessary by DTSC to
facilitate compliance with CEQA. The costs incurred by DTSC in complying with CEQA are
response costs and Respondents shall reimburse DTSC for such costs pursuant to Section 6.19,
below.
5.18 Stop Work Order. In the event that DTSC determines that any activity (whether or
not pursued in compliance with this Agreement) may pose an imminent or substantial
endangerment to the health or safety of people on the Site or in the surrounding area or to the
environment, DTSC may order Respondents to stop further implementation of this Agreement
for such period of time needed to abate the endangerment. In the event that DTSC deterniines
that any Site activities (whether or not pursued in compliance with this Agreement) are
proceeding without DTSC authorization, DTSC may order Respondents to stop further
implementation of this Agreement or activity for such period of time needed to obtain DTSC
authorization, if such authorization is appropriate. Any deadline in this Agreement directly
affected by a Stop Work Order, under this Section, shall be extended for the term of the Stop
Work Order.
5,19 Emergency Response Action/Notification. In the event of any action or
occurrence (such as a fire, earthquake, explosion, or human exposure to hazardous substances
caused by the release or threatened release of a hazardous substance) during the course of this
Agreement, Respondents shall immediately take all appropriate action to prevent, abate, or
minimize such emergency, release, or immediate threat of release and shall immediately notify
the Project Manager. Respondents shall take such action in consultation with the Project
Manager and in accordance with all applicable provisions of this Agreement. Within seven days
of the onset of such an event, Respondents shall furnish a report to DTSC, signed by
Respondents' Project Coordinator, setting forth the events which occurred and the measures
taken in the response thereto. In the event that Respondents fail to take appropriate response and
DTSC takes the action instead, Respondents shall be liable to DTSC for all costs of the response
action. Nothing in this Section shall be deemed to limit any other notification requirement to
which Respondents may be subject.
Consent Agreement
005368.00610 FINAL 912812016
14457929.1 20
A-22
5.20 Discontinuation of Remedial Technology. Any remedial technology employed in
implementation of the final RAP or final RAW shall be left in place and operated by
Respondents until and except to the extent that DTSC authorizes Respondents in writing to
discontinue, move or modify sonic or all of the remedial technology because Respondents has
met the criteria specified in the final RAP or final RAW for its discontinuance, or because the
modifications would better achieve the goals of the final RAP or final RAW.
5.21 Financial Assurance. If O&M is required -pursuant to Section 5.14, above, then
Respondents shall demonstrate to DISC and maintain financial assurance for O&M activities.
Respondents shall demonstrate financial assurance prior to the time that O&M activities are
initiated and shall maintain it throughout the period of time necessary to complete all required
O&M activities. The financial assurance mechanisms shall meet the requirements of Health and
Safety Code section 25355.2. All financial assurance mechanisms are subject to the review and
approval of DTSC.
5.22 Fence and Post Order. Wlren DTSC determines that no further action is needed
pursuant to any section of this Agreement, DTSC shall authorize the removal of any and all
fencing, warning signage, etc., required by DTSC's Fence and Post Order dated August 1, 2016
for the Site.
VI. GENERAL PROVISIONS
6.1 Proiect Coordinator. Within 10 days of the Initial Scoping Meeting identified in
Section 5.1.2, above, if it is determined to be necessary at that meeting, Respondents shall submit
to DTSC in writing the name, address, and telephone number of a Project Coordinator whose
responsibilities will be to receive all notices, comments, approvals, and other communications
from DTSC. The Project Coordinator must have sufficient technical expertise to coordinate the
Work and may not be an attorney representing any Respondent. Respondents shall promptly
notify DTSC of any change in the identity of the Project Coordinator. Respondents shall obtain
approval $-om DTSC before the new Project Coordinator performs any work under this
Agreement.
6.1.1. Communication and Coordination Plan (CCP). If determined to be
necessary following the Initial Scoping Meeting identified in Section 5.1.2, above, within ten
(10) days of DTSC's determination following the Initial Scoping Meeting, Respondents shall
submit to DTSC for approval a CCP that specifies 'the requirements and procedures by which
Respondents will communicate and coordinate with one another in carrying out the requirements
of this Agreement.
6.2 Project En(Aineer/Geolo ist. Any work performed pursuant to this Agreement shall
be under the direction and supervision of a qualified professional engineer or a registered
geologist in the State of California, with expertise in hazardous substance site cleanups. Within
15 days of the Initial Scoping Meeting identified in Section 5.1.2, above, if it is determined that
any further work is required, Respondents must submit: a) The name and address of the project
engineer or geologist chosen by Respondents; and b) in order to demonstrate expertise in
hazardous substance cleanup, the resume of the engineer or geologist, and the statement of,
qualifications of the consulting firm responsible for the work. Respondents shall promptly notify
Consent Agreement
005368.00610 FINAL 9/28/2016
14457829,1 21
A-23
DTSC of any change in the identity of the Project Engineer/Geologist. Respondents shall obtain
approval fi-om DTSC before the new Project Engineer/Geologist performs any work under this
Agreement.
6.3 Monthly SummaryReports. Within 30 days of the Initial Scoping Meeting
identified in Section 5.1.2, above, if it is detennined that any further action is required pursuant
to this Agreement, and on a monthly basis thereafter, Respondents shall submit a Monthly
Summary Report of their activities under the provisions of this Agreement. The report shall be
received by DTSC by the 15th day of each month and shall describe:
(a) Specific actions taken by or on behalf of Respondents during the previous calendar
month;
(b) Actions expected to be undertaken during the current calendar month;
(c) All planned activities for the next month;
(d) Any requirements under this Agreement that were not completed;
(e) Any problems or anticipated problems in complying with this Agreement; and
(f) All results of sample analyses, tests, and other data generated under this Agreement
during the previous calendar month, and any significant findings from these data.
6.4 Quality Assurance/Quality Control (OA/Q_C. All sampling and analysis
conducted by Respondents under this Agreement shall be performed in accordance with QA/QC
procedures submitted by Respondents and approved by DTSC pursuant to this Agreement.
6.5 Submittals. Respondents shall send two copies of all submittals and notifications
required by this Agreement to:
Mr. Peter A. Garcia, Chief
Brown -fields Restoration and School Evaluation Branch
Attention: Ms. Triss M. Chesney, Project Manager
Department of Toxic Substances Control
5796 Corporate Avenue
Cypress, California 90630
6.6 Communications. All approvals and decisions of DTSC made regarding
submittals and notifications will be communicated to Respondents in writing by the Site
Mitigation Branch Chief, DTSC, or his/her designee. No informal advice, guidance, suggestions
or comments by DTSC regarding reports, plans, specifications, schedules or any other writings
by Respondents shall be construed to relieve Respondents of the obligation to obtain such formal
approvals as maybe required.
6.7 DTSC Review and Ap royal.
(a) All response actions taken pursuant to. this Agreement shall be subject to the approval
of DTSC. Respondents shall submit all deliverables required by this Agreement to DTSC.
Once approved by DTSC, the deliverables shall be deemed incorporated into, and where
applicable, enforceable under this Agreement.
Consent Agreement
005368.00610 FINAL 9/28/2016
14457829.1 22
A-24
(b) If DTSC determines that any report, plan, schedule or other document submitted for
approval pursuant to this Agreement fails to comply with this Agreement or fails to
protect public health or safety or the environment, DTSC may:
(1) Modify the document as deemed necessary and approve the document as modified; or
(2) Return comments to Respondents with recommended changes and a date by which
Respondents must submit to DTSC a revised document incorporating the recommended
changes.
(c) Any modifications, comments or other directives issued pursuant to (b) above, are
incorporated into this Agreement. Any noncompliance with these modifications or
directives shall be deemed a failure or refusal to comply with this Agreement.
6.8 Compliance with Applicable Laws. Nothing in this Agreement shall relieve
Respondents front complying with all other applicable laws and regulations, including but not
limited to compliance with all applicable waste discharge requirements issued by the State Water
Resources Control Board or a California Regional Water Quality Control Board. Respondents
shall conform all actions required by this Agreement with all applicable federal, state and local
laws and regulations.
6.9 Respondents' Liabilities. Nothing in this Agreement shall constitute or be
construed as a satisfaction or release from liability for any conditions or claims arising as a result
of past, current or future operations of Respondents. Nothing in this Agreement is intended or
shall be construed to limit the rights of any of the Parties with respect to claims arising out of or
relating to the deposit or disposal at any other location of substances removed fiom the Site.
Nothing in this Agreement is intended or shall be construed to limit or preclude DTSC fi-om
taking any action authorized by law to protect public health or safety or the environment and
recovering the cost thereof: Notwithstanding compliance with the terms of this Agreement,
Respondents may be required to take further actions as are necessary to protect public health and
the environment.
6.10 Site Access. Access to the Site and laboratories used for analyses of samples
under this Agreement shall be provided at all reasonable times to employees, contractors, and
consultants of DTSC. Nothing in this Section is intended or shall be construed to limit in any
way the right of entry or inspection that DTSC or any other agency may otherwise have by
operation of any law. DTSC and its authorized representatives shall have the authority to enter
and move freely about all property at the Site at all reasonable times for purposes including, but
not limited to: inspecting records, operating logs, sampling and analytic data, and contracts
relating to this Site; reviewing the progress of Respondents in carrying out the terms of this
Agreement; conducting such tests as DTSC may deem necessary; and verifying the data
submitted to DTSC by Respondents.
To the extent the Site or any other property to which access is required for the
implementation of this Agreement is owned or controlled by persons other than Respondents,
Respondents shall use best efforts to secure from such persons access for Respondents, as well as
DTSC, its representatives, and contractors, as necessary to effectuate this Agreement. To the
Consent Agreement
005358.00610 FINAL 912812016
14457829.1 23
A-25
extent that any portion of the Site is controlled by tenants of Respondents, Respondents shall use
best efforts to secure from such tenants, access for Respondents, as well as for DTSC, its
representatives, and contractors, as necessary to effectuate this Agreement. For purposes of this
Section, "best efforts" includes the payment of reasonable suns of money in consideration of
access. If any access required to complete the Work is not obtained within forty-five (45) days of
the Effective Date of this Agreement, or within forty-five (45) days of the date DTSC notifies
Respondents in writing that additional access beyond that previously secured is necessary,
Respondents shall promptly notify DTSC, and shall include in that notification a summary of the
steps Respondents has taken to attempt to obtain access. DTSC may, as it deems appropriate,
assist Respondents in obtaining access. Respondents shall reimburse DTSC in obtaining access,
including, but not limited to, attorney's fees and the amount of just compensation.
6.11 Site Access for Respondents. Respondents shall grant access to other Respondents
who are in compliance with this Agreement for the purpose of conducting activities pursuant to
this Agreement or for activities deemed necessary by DTSC to meet the objectives of this
Agreement.
6.12 Sampling, Data and Document Availability. Respondents shall permit DTSC and
its authorized representatives to inspect and copy all sampling, testing, monitoring or other data
generated by Respondents or on Respondents behalf in any way pertaining to work undertaken
pursuant to this Agreement. Respondents shall submit all such data upon the request of DTSC.
Copies shall be provided within 7 days of the sampling, testing, monitoring, or data collection
event. Respondents shall inform DTSC at least 7 days in advance of all field sampling under this
Agreement, and shall allow DTSC and its authorized representatives to take duplicates of any
samples collected by Respondents pursuant to this Agreement. Respondents shall maintain a
central depository of the data, reports, and other documents prepared pursuant to this Agreement.
6.13 Record Retention. All such data, reports and other documents shall be preserved
by Respondents for a minimum of ten years after the conclusion of all activities under this
Agreement. If DTSC requests that some or all of these documents be preserved for a longer
period of time, Respondents shall either comply with that request or deliver the documents to
DTSC, or permit DTSC to copy the documents prior to destruction. Respondents shall notify
DTSC in uniting, at least six months prior to destroying any documents prepared pursuant to this
Agreement.
6.14 Government Liabilities. The State of California shall not be liable for any injuries
or damages.to persons or property resulting from acts or omissions by Respondents, or related
parties specified in Section 6.26, above, in carrying out activities pursuant to this Agreement, nor
shall the State of California be held as party to any contract entered into by Respondents or their
respective agents in carrying out activities pursuant to this Agreement.
6.15 Additional Actions. By issuance of this Agreement, DTSC does not waive the
right to take any further actions authorized by law.
6.16 No Third Party Beneficiaries and Parties' Reservation of Rights. Nothing herein
shall be construed to create any rights in, or grant any cause of action to, any person not a Party
to this Agreement. Respondents, and each of them, expressly reserve any and all rights, defenses,
Consent Agreement
005368.00610 FINAL 9/28/2016
14157829.1 24
A-26
claims, demands, and causes of action each of them may have with respect to any matter,
transaction, or occurrence relating in any way to the Site or the matters herein against any person
not a Party hereto, including, without limitation, the right to seek to add such person as a
Respondent to this Agreement.
6.17 Extension Requests. If Respondents is unable to perforin any activity or submit
any document within the time required under this Agreement, Respondents may, prior to
expiration of the time, request an extension of the time in writing. The extension request shall
include a justification for the delay. All such requests shall be in advance of the date on which
the activity or document is due.
6.18 Extension Approvals, If DTSC determines that good cause exists for an extension,
it will grant the request and specify a new schedule in writing. Respondents shall comply with
the new schedule incorporated in this Agreement.
6.19 Liability for Costs. Each Respondent is liable under Health and Safety Code
section 25187.2 for DTSC's costs that have been incurred in taking response actions at the Site
(including costs of overseeing response actions performed by Respondents) and costs to be
incurred in the future.
6.20 Pa ent of Costs.
(a) DTSC will bill PVPUSD, and PVPUSD agrees to reimburse DTSC, for Cleanup
Program's costs incurred on or after August 23, 2016 with respect to the August 1 Fence
and Post Order.
(b) DTSC will bill Respondents, and Respondents agree to reimburse DTSC, for costs
incurred in taking response actions at the Site pursuant to this Agreement, as well as costs
incurred in the development, negotiation, and finalization of this Agreement. DTSC will
bill Respondents quarterly for its response costs incurred after the Effective Date of this
Agreement.
(c) For any invoice issued by DTSC, Respondents shall pay DTSC within sixty (60) days of
the date of the invoice. Any billing not paid within sixty (60) days is subject to interest
calculated from the date of the billing pursuant to Health and Safety Code section
25360.1. Information regarding acceptable methods of payment is available at:
htt s:Hdtse.ca. ov/ContactDTSC/Pa nents.efin. Payments made via check or money
order must: (1) be payable to the "Department of Toxic Substances Control; (2) include a
copy of the invoice or remittance advice; (3) identifying the project, facility, invoice
number, Site Code or Project Code, or other reference to ensure the payment is accurately
applied; and (4) mailed to:
Department of Toxic Substances Control
Accounting/Cashier
1001 1 Street, 21st Floor
P.O. Box 806
Sacramento, California 95812-0806
Consent Agreement
005369.00610 FINAL 9/28/2016
14457829.1 25
A-27
A photocopy of the check or money order shall also be sent to the person designated by
DTSC to receive submittals under this Agreement.
6.21 DTSC's Reservation of Rights. DTSC reserves all of its statutory and regulatory
powers, authorities, rights, and remedies under applicable laws to protect public health or the
environment. By entering into this Agreement, DTSC does not waive the right to take further
enforcement actions for violations of law, whether or not those violations were identified in this
Agreement. DTSC also reserves the right to seek costs or assess civil penalties against PVPUSD
pursuant to Health and Safety Code section 25359.5(d), related to PVPUSD's failure to comply
with the Fence and Post Order issued by DTSC on August 1, 2016 incurred before August 23,
2016. Should further enforcement be needed with respect to the Fence and Post Order after the
effective date of this Agreement, DTSC also reserves the right to seek costs associated with the
further enforcement of the Fence and Post Order.
6.22 Severability. The requirements of this Agreement are severable and Respondents
shall comply with each and every provision hereof, notwithstanding the effectiveness of any
other provision.
6.23 Incorporation of Plans, Schedules and Reports. All plans, schedules, reports,
specifications and other documents that are submitted by Respondents pursuant to this
Agreement are incorporated in this Agreement upon DTSC`s approval or as modified pursuant to
Section 6.7, above, and shall be implemented by Respondents. Any noncompliance with the
documents incorporated in this Agreement shall be deemed a failure or refusal to comply with
this Agreement.
6.24 Modifications. DTSC reserves the right to unilaterally modify this Agreement.
Any modification to this Agreement shall be effective upon the date the modification is signed by
DTSC and shall be deemed incorporated in this Agreement.
6.25 Time Periods. Unless otherwise specified, time periods begin of the Effective
Date of this Agreement and "days" means calendar days.
6.26 Termination and Satisfaction. Respondents obligations under this Agreement shall
terminate and be deemed satisfied upon written notice from DTSC that Respondents have
complied with all terms of this Agreement.
6.27 Calendar of Tasks and Schedules. This Section is merely for the convenience of
listing in one location the submittals required by this Agreement. If there is a conflict between
the date for a scheduled submittal within this Section and the date within the Section describing
the specific requirement, the latter shall govern.
Calendar of Tasks and Schedules
TASK
SCHEDULE
1. Submittal of Existing Data and Prior
Within 10 days of the Effective Date of this
Site Remediation Reports (Section
Agreement
5.1.1)
Consent Agreement
005369,00010 FINAL 912812016
14457829.1 26
•
TASK
SCHEDULE
2. Identify Project Coordinator (Section
Within 10 days of the Initial Scoping Meeting,
6.1)
if necessary
3. Initial Scoping Meeting. (Section 5.1.2)
Within 20 days of the Effective Date of this
Agreement
4. Identify PEA Consultant (Section
Within 10 days of the Initial Scoping Meeting,
5.1.3)
if required by DTSC
5. Conduct Preliminary Environmental
Within 30 days of the Initial Scoping Meeting,
Assessment (PEA) (Section 5.1.3)
if required by DTSC
Submit PEA Workplan for Review and
As required by DISC
Approval
Submit PEA Report for Review and
As required by DTSC
Approval
6. Site Remediation Strategy Meeting
Within 20 days of DTSC's of the PEA Report
(Section 5.1.4)
7. Submit Communication and
As required by DTSC
Coordination Plan (CCP) (Section
6.1.1)
8, Identify Project Engineer/Geologist
As required by DTSC
(Section 6.2)
9. Submit Monthly Summary Reports
As required by DTSC
(Section 6.3)
10. Submit RI/FS Workplan (Section 5.2.2)
As required by DTSC
11. Submit Interim Screening and
As required by DTSC
Evaluation of Remedial Technologies
Document (Section 5.3)
12. Submit Treatability Studies (Section
As required by DTSC
5.4)
13. Submit RI Report (Section 5.5)
As required by DTSC
14. Submit Baseline Risk Assessment
As required by DTSC
I. (Section 5.6)
15. Submit FS Report (Section 5.7)
As required by DTSC
16. Submit Public Participation Plan
As required by DTSC
(Section 5.8
17. Submit and Distribute Fact Sheets
As required by DTSC
18. Submit Information Needed for DTSC
As required by DTSC
to Comply with CEQA (Section 5.17)
19. Submit Draft RAW or Draft RAP
As required by DTSC
(Section 5.9 or 5.11)
20. Submit Information Needed to Prepare
As required by DTSC
Responsiveness Summary
21. Submit Final RAW or RAP
As required by DTSC
Consent Agreement
005368.00610 FINAL 9/28/2016
14457829.1 2.7
A-29
TASK
SCHEDULE
22. Submit Remedial Design (Section 5.10)
As required by DTSC
23. Land Use Covenant (Section 5.12)
As required by DTSC
24. Submit Implementation Report (Section
As required by DTSC
5.13)
25. Operation and Maintenance (O&M)
(Section 5.14)
Submit O&M Plan
As required by DTSC
Sign O&M Agreement
As required by DTSC
26. Five -Year Review (Section 5.15)
Submit Remedial Action Review
As required by DTSC
WorkPlan
Submit Five -Year Review Report
As required by DTSC
27. Emergency Response
Action/Notification (Section 5.19)
Take all appropriate action to prevent,
Immediately
abate, or minimize such emergency,
release or immediate threat of release
Notify DTSC Project Manager of
Immediately
emergency response action
Submit Emergency Response Action
Within 7 days of onset of an emergency event
Report
28. Provide copies of sampling, data, and
Within 7 days of sampling, testing, monitoring,
documentation (Section 6.12)
or data collection event
29. Provide prior notice before conducting
Inform. DTSC 7 days in advance of sampling
field sampling
30. Maintain central depository of data,
Maintain central depository for a minimum of
reports, and documentation
ten years after conclusion of all activities
conducted pursuant to this Agreement
31. Provide written notice to DTSC before
At least six months prior to destroying any
destroying any documentation prepared
documents
pursuant to this Agreement (Section
6.13)
6.28 Parties Sound, This Agreement applies to and is binding upon Respondents, and
each of their respective officers, directors, agents, employees, contractors, consultants, receivers,
trustees, successors, and assignees, including but not limited to, individuals, partners, and
subsidiary and parent corporations. Respondent shall provide a copy of this Agreement to all
Consent Agreement
005368.00610 FINAL 9/28/2016
14457829.1 28
A-30
contractors, subcontractors, laboratories, and consultants that are retained to conduct any work
performed under this Agreement, within 15 days of the Effective Date of this Agreement or the
date of retaining their services, whichever is later. Respondents shall condition any such
contracts upon satisfactory compliance with this Agreement. Notwithstanding the terms of any
contract, Respondents are each responsible for compliance with this Agreement and for ensuring
that each of their respective subsidiaries, employees, contractors, consultants, subcontractors,
agents and attorneys comply with this Agreement.
6.29 Change in Ownership. No change in ownership or corporate or partnership status
relating to the Site shall in any way alter Respondents' responsibilities under this Agreement. No
conveyance of title, easement, or other interest in the Site, or a portion of the Site, shall affect
Respondents' obligations under this Agreement. Unless DTSC agrees that such obligations may
be transferred to a third party, each Respondent shall be responsible for and liable for any failure
to carry out all activities required of Respondents by the terms and conditions of this Agreement,
regardless of Respondents' use of employees, agents, contractors, or consultants to perform any
such tasks. Respondents shall provide a copy of this Order to any subsequent owners or
successors before ownership rights or stock or assets in a corporate acquisition are transferred.
6.30 Dispute Resolution. The Parties agree to use their best efforts to resolve all
disputes informally. The Parties agree that the procedures contained in this Section are the
required administrative procedures for resolving disputes arising under this Agreement. If
Respondents fail to follow the procedures contained in this Section, they shall have waived their
right to further contest the disputed issue. Respondents reserve their Iegal rights to contest or
defend against any final decision rendered by DTSC under this Section. Disputes regarding
DTSC invoices shall follow the procedures set forth in Section 6.30.3, below. .
6.30.1. Respondents shall first seek resolution Avith DTSC's assigned project
manager and unit chief. If the issue is not resolved after review by the unit chief, Respondents
shall seek resolution with the DTSC branch chief by presenting in a letter the issues in dispute,
the legal or other basis for Respondents' position, and the remedy sought. The branch chief shall
issue a written decision with an explanation for the decision within thirty (30) business days after
receipt of the letter from Respondents.
6.30.2. If Respondents disagrees with the branch chief s decision, Respondents
may appeal to the Statewide Cleanup Operations Division Chief. To appeal to the division chief,
Respondents must prepare a letter stating the reasons why the branch chief's decision is not
acceptable. Attached to the letter shall be (a) Respondents' original statement of dispute, (2)
supporting documents, and (3) copies of any responses prepared by the project manager, unit
chief, and branch chief. This letter and attachments shall be sent to the division chief within ten
(10) business days from the date of Respondents' receipt of the branch chief's response. The
division chief or designee shall review Respondents' letter and supporting documents, consider
the issues raised and render a written decision to Respondents within thirty (30) business days of
receipt of Respondents' letter. The decision of the division chief, or designee, shall constitute
DTSC's administrative decision on the issues in dispute.
Consent Agreement
005368.00610 FINAL 9/28/2016
14457829.1 29
A-31
6.30.3. If Respondents dispute a DISC invoice, or any part thereof, Respondents
shall notify DTSC's assigned project manager and attempt to informally resolve the dispute with
DTSC's project manager and branch chief. If Respondents desire to formally request dispute
resolution with regard to an invoice, Respondents may file a formal invoice dispute in writing
within 45 days of the date of the billing in dispute pursuant to DTSC's Cost Recovery and
Reimbursement Policy, a copy of which is enclosed with every invoice. All formal invoice
disputes must be addressed to:
Chief, Collections and Resolution Unit
Department of Toxic Substances Control
P.O. Box 806
Sacramento, CA 95812-0806
A copy of the formal invoice dispute notice must also be sent to the project manager at
the address identified at the end of the billing letter included in the invoice package.
The formal invoice dispute notice must include the name of the Site, Site Code, invoice
number, invoice date, charges contested, DSTC employee name associated with the contested
charges, and the amount disputed. The formal invoice dispute notice must also include a detailed
statement of the legal and/or factual basis for the dispute and the remedy sought. For timely and
good -faith invoice disputes submitted in accordance with DTSC's Cost Recovery and
Reimbursement Policy, DTSC will waive the imposition of late -payment interest charges until
resolution of the dispute.
If the formal invoice dispute pertains only to a portion of the costs included in the
invoice, Respondents shall pay all undisputed costs in accordance with Section 6.19, above. The
filing of a formal invoice dispute will not stay the imposition of late -payment interest charges on
undisputed costs.
Unless otherwise agreed to in writing by DISC, the existence of a dispute shall not
excuse, stay, or suspend any other compliance obligation or deadline required pursuant to this
Agreement.
VII. EFFECTIVE DATE
7.1 The "Effective Date" of this Agreement shall be the date on which this Agreement
is signed by all Parties.
VIII. PENALTIES FOR NONCOMPLIANCE
8.1 Each Respondent may be liable for penalties of up to $25,000 for each day out of
compliance with any term or condition set forth in this Agreement and for punitive damages up
to three times the amount of any costs incurred by DISC as a result of the Respondent's failure
to comply, pursuant to Health and Safety Code sections 25359, 25359.2, 25359.4, and 25367(c).
Health and Safety Code section 25359.4.5. provides that a responsible party who complies with
this Agreement, or with another order or agreement concerning the sae response actions
Consent Agreement
005368.00610 FINAL 9/28/2016
14457329.1 30
A-32
required by this Agreement, may seek treble damages from any respondent who fails or refuses
to comply with this Agreement without sufficient cause.
IX. SIGNATORIES
9.1 Each undersigned representative of the Parties to this Agreement certifies that he
or she is fully authorized to enter into the terms and conditions of this Agreement and to execute
and legally bind the Parties to this Agreement.
9.2 This Agreement may be executed and delivered in any number of counterparts,
each of which when executed and delivered shall be deemed to be an original, but such
counterparts shall together constitute one and the same document.
IT IS HEREBY AGREED:
DATED:
DATED: 10- Ll " (
DATED:
Consent Agreement
005368.00610 FINAL 9/28/2016
14457829.1
CALIFORNIA DEPARTMENT OF
TOXICSUBSTANCES CONTROL
Peter Garcia, Branch Chief
Brownfields and Environmental Restoration Program
PALOS VERDES PENINSULA UNIFIED SCHOOL
DISTRICT
By,
L9i i
Name
Title
PALOS VERDES AMERICAN YOUTH SOCCER
ASSOCIATION .
By:
Nalne
Title
31
A-33
cc: Site Mitigation Program
Headquarters, Planning & Policy
Office of Legal Counsel
Consent Agreement
00536SM610 FINAL 9/28/2016
14457329A 32
A-34
CITVOF lLiRANCHOPALOSVERDES
CITY MANAGER'S OFFICE
ADMINISTRATION
10 October 2016
VIA ELECTRONIC AND U.S. MAIL
Hansen Pang, Chief Investigator
Department of Toxic Substances Control
Office of Criminal Investigations
1001 1 St.
Sacramento, CA 95814-2828
SUBJECT: Investigation of Soils Deposited at the Ladera Linda Fields in Rancho
Palos Verdes
Dear Mr. Pang:
Thank you for your progress in working with Palos Verdes Peninsula Unified School
District (PVPUSD) and Palos Verdes Peninsula American Youth Soccer Organization
(AYSO) to enter into a Consent Agreement that will move all interested parties—including
the City and nearby residents—toward the resolution of the Ladera Linda Fields
investigation. Due to DTSC's requirement to Fence and Post the area where the soil was
deposited, AYSO has restricted its use of the adjacent soccer fields, which it operates
under a license agreement with PVPUSD. AYSO indicates that these restrictions have
had an adverse effect upon its fall soccer programs, which serve many families and
children in Rancho Palos Verdes.
The City strongly supports the efforts of AYSO volunteers and the AYSO soccer program,
which provide important health, fitness, social and community benefits to the City and its
residents. In addition, PVPUSD is an award-winning school district who plays a vital and
important role in our community. We take this opportunity to respectfully ask DTSC to
continue to make this site a priority and continue to work cooperatively with PVPUSD and
AYSO with the hopes of reaching an expeditious resolution. We are most interested in
when DTSC can determine that the soil is free of contaminant or remediated to the extent
that the Order to Fence and Post might be lifted so that our residents living nearby can
again enjoy their neighborhood and AYSO will be able to use all of its soccer fields.
Thank you very much of your assistance. Please let us know if the City can help in any
way. If you have any questions, please feel free to contact Deputy City Manager Gabriella
Yap at (310) 544-5203 or gyap(D_rpvca.gpov or Senior Administrative Analyst Kit Fox at
(310) 544-5226 or kitf .rpvca.gov.
30940 HAW] HOME BLVD. / RANCHO PALOS VERDES, CA 90275-5391 / (310) 544-5207 / FAX (310) 544-5291 / www.RPVCA.GOV
PRINTED ON RECYCLED PAPER B-1
Hansen Pang
10 October 2016
Page 2
Sincerely,
Doug Willmore
City Manager
cc: Mayor Ken Dyda and Rancho Palos Verdes City Council
Don Austin, PVPUSD Superintendent
Malcolm Sharp, PVPUSD Board of Education President
Brent Daniel, AYSO Region 10 Regional Commissioner
Gabriella Yap, Deputy City Manager
Kit Fox, Senior Administrative Analyst
MAPortuguese Bend Fields\20161010_DTSC_Ladera Linda Fie Ids. docx
CITUOF 1RANCHOPALOSVERDES
10 October 2016
Don Austin, Superintendent
P.V. Peninsula Unified School Dist.
375 Via Almar
Palos Verdes Estates, CA 90274
CITY MANAGER'S OFFICE
ADMINISTRATION
VIA ELECTRONIC AND U.S. MAIL
Malcolm Sharp, Board President
P.V. Peninsula Unified School Dist.
375 Via Almar
Palos Verdes Estates, CA 90274
SUBJECT: Investigation of Soils Deposited at the Ladera Linda Fields in Rancho
Palos Verdes
Dear Messrs. Austin and Sharp:
As you are very aware, DTSC has been investigating the circumstances surrounding the
deposit of soil by the Palos Verdes American Youth Soccer Organization (AYSO) on
property owned by the Palos Verdes Peninsula Unified School District (PVPUSD) in
Rancho Palos Verdes since April 2016. Due to DTSC's requirement to Fence and Post
the area where the soil was deposited, AYSO has restricted its use of the adjacent soccer
fields, which it operates under a license agreement with PVPUSD. AYSO indicates that
these restrictions have had an adverse effect upon its fall soccer programs, which serve
many families and children in Rancho Palos Verdes. The City strongly supports the
efforts of AYSO volunteers and the AYSO soccer program, which provide important
health, fitness, social and community benefits to the City and its residents. The City and
all of our residents are also extremely grateful for the high quality education provided by
PVPUSD to our youth.
Recently, the City was pleased to learn that DTSC, PVPUSD and AYSO have entered
into a Consent Agreement that will move all interested parties—including the City and
nearby residents—toward the final resolution of this matter. We appreciate that the
District has been willing to share information about this matter with the City and the
general public through its website. We have recently sent a letter to DTSC, asking for
DTSC's assistance in working cooperatively with the District and AYSO to resolve this
matter expeditiously so that the Order to Fence and Post can be lifted and AYSO can
resume the use of all of its soccer fields.
At its meeting on 20 September 2016, the Rancho Palos Verdes City Council reiterated
its desire to reach out to PVPUSD so that we might work together to encourage DTSC to
complete its investigation as soon as possible. To that end, Mayor Dyda and I would still
like to meet with you both to discuss our mutual interest in resolving this matter quickly
30940 1 IAWTHORNE BLVD. / RANCHO HALOS VERDES, CA 90275-5391 / (310) 544-5207 / FAX (310) 544-5291 / www.RPVCA.GOV
PRINTED ON RECYCLED PAPER C_
Don Austin and Malcolm Sharp
10 October 2016
Page 2
and providing factual information to decision -makers, residents and other interested
parties. If you have any questions, please feel free to contact me at (310) 544-5202 or
dwillmore(Djpvca.gov.
Sincerely,
Doug Willmore
City Manager
cc: Mayor Ken Dyda and Rancho Palos Verdes City Council
Brent Daniel, AYSO Region 10 Regional Commissioner
Gabriella Yap, Deputy City Manager
Kit Fox, Senior Administrative Analyst
MAPortuguese Bend Fields\20161010_PVPUSD_LaderaLindaFields.docx
C-2
CITVOF ikht RANCHO PALOSVERDES
CITY MANAGER'S OFFICE
ADMINISTRATION
10 October 2016
VIA ELECTRONIC AND U.S. MAIL
Brent Daniel, Regional Commissioner
AYSO Region 10
PO Box 2302
Palos Verdes Peninsula, CA 90274
SUBJECT: Investigation of Soils Deposited at the Ladera Linda Fields in Rancho
Palos Verdes
Dear Mr. Daniel:
As you are very aware, DTSC has been investigating the circumstances surrounding the
deposit of soil by the Palos Verdes American Youth Soccer Organization (AYSO) on
property owned by the Palos Verdes Peninsula Unified School District (PVPUSD) in
Rancho Palos Verdes since April 2016. Due to DTSC's requirement to Fence and Post
the area where the soil was deposited, we understand that AYSO has restricted its use
of the adjacent soccer fields, which it operates under a license agreement with PVPUSD.
By all accounts, these restrictions have had an adverse effect upon AYSO's fall soccer
programs, which serve many families and children in Rancho Palos Verdes. The City
strongly supports the efforts of AYSO volunteers and the AYSO soccer program, which
provide important health, fitness, social and community benefits to the City and its
residents.
Recently, the City was pleased to learn that DTSC, PVPUSD and AYSO have entered
into a Consent Agreement that will move all interested parties—including the City and
nearby residents—toward the final resolution of this matter. We appreciate that AYSO
has been willing to share information about this matter with the City and the general
public. We have recently sent a letter to DTSC, asking for DTSC's assistance in working
cooperatively with the District and AYSO to resolve this matter expeditiously so that the
Order to Fence and Post can be lifted and AYSO can resume the use of all of its soccer
fields.
At its meeting on 20 September 2016, the Rancho Palos Verdes City Council directed
Staff to look into what night be done to recondition the field at Hesse Park so that AYSO
might have this field available for use while the Ladera Linda Fields issue is resolved. To
that end, the City Council is expected to receive a report on this topic at its upcoming
meeting on 18 October 2016.
30940 HAWTI IORNE QIvD. / RANCHO PALOS VERDES, CA 90275-5391/ (310) 544-5207 / FAX (310) 544-5291 / www.RPVCA.GOV
' PRINTED ON RECYCLED PAPER D-1
Brent Daniel
10 October 2016
Page 2
The City Council and I remain open to meeting with AYSO to discuss our mutual interest
in resolving this matter quickly and providing factual information to decision -makers,
residents and other interested parties. If you have any questions, please feel free to
contact me at (310) 544-5202 or dwillmore(a)_rpvca.gov.
Sincerely,
Doug Willmore
City Manager
cc: Mayor Ken Dyda and Rancho Palos Verdes City Council
Don Austin, PVPUSD Superintendent
Malcom Sharp, PVPUSD Board of Education President
Gabriella Yap, Deputy City Manager
Kit Fox, Senior Administrative Analyst
MAPortuguese Bend Fields\20161010_AYS0_LaderaLindaFie1ds.docx
D-2