Cal. Code Regs. tit. 22 § 69104

Current through Register 2024 Notice Reg. No. 24, June 14, 2024

Section 69104 - Preparation of a Phase I and Phase I Addendum

(a) A Phase I shall be prepared for the Proposed School Site pursuant to this article and section 17213.1, subdivision (a), of the Education Code. The Phase I shall be submitted to the Department for review and approval.

(b) The Phase I shall be conducted in accordance with the ASTM Standard Practice for Environmental Site Assessments: Phase I Environmental Site Assessment Process cited in section 69103, subsection (a)(1).

(c) The Phase I shall include, but is not limited to, the following:

(1) a site map describing the boundary of the project and the current development on the property;

(2) a description of the intended use of the property that includes whether the school district intends to use all or a portion of the parcel, the type of site (new or expanding), type of school proposed (grade levels of students), and the disposition of any existing structures;

(3) past and existing land uses, including but not limited to, easements; adjacent properties; former governmental use; residential, industrial, or commercial uses; and

(4) recommendations consistent with section 69108 of this article.

(d) In addition to the contaminants and sources identified in the ASTM Standard Practice for Environmental Site Assessments: Phase I Environmental Site Assessment Process cited in section 69103, subsection (a)(1), the Phase I shall identify and evaluate all sources for the potential release or presence of hazardous material on the Proposed School Site, including, but not limited to, the following:

(1) agricultural use,

(2) debris or stockpiles,

(3) fill material,

(4) electrical transformers, oil filled electrical equipment, or hydraulic systems,

(5) government use or ownership,

(6) grading activities

(7) illegal drug manufacturing,

(8) lead-based paint application,

(9) mines,

(10) naturally occurring hazardous materials,

(11) petroleum deposits or use,

(12) railroad use or easements,

(13) residential use,

(14) surface drainage pathways,

(15) termiticide application, and

(16) utility easements.

(e) If a Phase I Addendum is submitted more than 180 days subsequent to the date that the Phase I was conducted, or if a Phase I was conducted for the Proposed School Site more than 180 days prior to its submittal to the Department, information to verify current site conditions shall be submitted to the Department. Verification activities include, but are not limited to, the following:

(1) document any changes to site conditions or site boundaries; and

(2) update interviews, searches, reviews, visual inspections, and declarations as described in the ASTM Standard Practice for Environmental Site Assessments: Phase I Environmental Site Assessment Process cited in section 69103, subsection (a)(1).

(f) A Phase I Addendum shall be submitted to the Department for review and approval along with or after submittal of the Phase I for the site. The Phase I Addendum shall include recommendations consistent with section 69109 of this article and may contain results of sampling and analysis as follows:

(1) lead in soil performed in accordance with the sampling protocols described in section 69105 of these regulations,

(2) OCPs in soil performed in accordance with the sampling protocols described in section 69106 of these regulations, and/or

(3) PCBs in soil performed in accordance with the sampling protocol described in section 69107 of these regulations.

Cal. Code Regs. Tit. 22, § 69104

1. New section filed 9-3-2002 as an emergency; operative 9-3-2002 (Register 2002, No. 36). A Certificate of Compliance must be transmitted to OAL by 1-2-2003 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 9-3-2002 order, including amendment of subsection (e), transmitted to OAL 12-26-2002 and filed 2-10-2003 (Register 2003, No. 7).
3. Amendment of subsections (a)-(c) filed 11-27-2006 as an emergency; operative 11-27-2006 (Register 2006, No. 48). A Certificate of Compliance must be transmitted to OAL by 3-27-2007 or emergency language will be repealed by operation of law on the following day.
4. Amendment of subsections (a)-(c) refiled 3-20-2007 as an emergency; operative 3-20-2007 (Register 2007, No. 12). A Certificate of Compliance must be transmitted to OAL by 7-18-2007 or emergency language will be repealed by operation of law on the following day.
5. Certificate of Compliance as to 3-20-2007 order, including amendment of section heading and further amendment of section, transmitted to OAL 6-15-2007 and filed 7-18-2007 (Register 2007, No. 29).

Note: Authority cited: Section 58012, Health and Safety Code; and Section 17210(g), Education Code. Reference: Sections 17210(g) and 17213.1, Education Code.