Cal. Code Regs. tit. 22 § 69106

Current through Register 2024 Notice Reg. No. 45, November 8, 2024

Section 69106 - Sampling for OCPs in Soil

(a) The school district may choose to submit sampling data for OCPs in soil in one of the following reports:

1) the Phase I Addendum; or

2) the Preliminary Endangerment Assessment, in accordance with subsections (b) through (h) below:

(b) OCP evaluation. Unless the Department determines that OCPs in soil are not a concern based on review of the Phase I, soil samples shall be collected for any structures on the Proposed School Site with wood components constructed prior to January 1, 1989, to evaluate possible OCPs in soil.

(c) Prior to demolition of structures or removal of foundations or slabs, or movement of soil on the Proposed School Site, pre-demolition sampling for OCPs in soil shall be implemented in accordance with the following protocols:

(1) Sample collection. Surface (zero to six inches) and subsurface (two to three feet) soil samples shall be collected from around the perimeter of the structures, in areas with the highest potential for OCPs (such as near footings). If the structures have raised floors or porches, surface soil samples (zero to six inches) shall be collected beneath these areas. If concrete or asphalt borders a structure, the Department shall require collection of surface (zero to six inches) and subsurface (two to three feet) soil samples underneath existing paved areas. The Department shall be consulted to determine the number and location of samples necessary to adequately evaluate possible OCPs in soil at the Proposed School Site.

(2) Additional sample collection. If OCPs are detected in soil samples, the Department may require additional step-out samples on the Proposed School Site to determine the horizontal and vertical extent of contamination.

(d) If demolition of structures has occurred, but foundations or slabs are present and the site has not been graded, post-demolition sampling for OCPs in soil shall be implemented in accordance with the following protocols:

(1) Sample collection. Surface (zero to six inches) and subsurface (two to three feet) soil samples shall be collected from two sets of sampling locations around the perimeter of the structures. The first set should be collected in areas with the highest potential for OCPs (such as near footings). The second set should be collected at the extent of soil disturbed by removal of demolition debris. If soil is exposed within the footprints of former structures, surface (zero to six inches) and subsurface (two to three feet) soil samples shall be collected within the footprints. If concrete or asphalt borders a structure, the Department shall require collection of surface (zero to six inches) and subsurface (two to three feet) soil samples underneath existing paved areas. The Department shall be consulted to determine the number and location of samples necessary to adequately evaluate possible OCPs in soil at the Proposed School Site.

(e) If demolition of structures, removal of foundations or slabs, or movement of soil on the Proposed School Site has occurred, post-demolition sampling for OCPs in soil shall be implemented in accordance with the following protocols:

(1) Sample collection. The Proposed School Site shall be divided into grids as determined in consultation with the Department, and surface (zero to six inches) and subsurface (two to three feet) soil samples shall be collected from the center of each grid.

(f) Sample analysis. Soil samples shall be analyzed for OCPs using USEPA Test Methods.

(g) Laboratory quality control. Quality Control (QC) procedures specified in USEPA Test Methods shall be followed. The data shall be qualified in accordance with the National Functional Guidelines cited in section 69103, subsection (a)(3) and USEPA guidance cited in section 69103, subsection (a)(5).

(h) Data submission. Data identifying concentrations of OCPs detected in soil samples collected from the Proposed School Site shall be submitted to the Department.

Cal. Code Regs. Tit. 22, § 69106

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 subsections (a) and (d), transmitted to OAL 12-26-2002 and filed 2-10-2003 (Register 2003, No. 7).
3. Renumbering of former section 69106 to section 69107 and new section 69106 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. Renumbering of former section 69106 to section 69107 and new section 69106 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 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.