This is a flowchart depicting the process districts are required to follow when seeking CDE site approval and Department of Toxic Substances Control (DTSC) review, not all requirements are shown.
(For Districts seeking State Facility Program funding or California Department of Education (CDE) review, per Assembly Bill (AB) 972, Education Code Section 17213.1 and CDE Policies)
Disclaimer: This is a linear list of the decisions from the flowchart and it may not represent the actual flow of information.
Form SFPD 4.0 Site Review
Conditions/ranking of alternative sites (With concurrence of DTSC district may skip Phase 1 and proceed directly to Preliminary Endangerment Assessment (PEA).
District contracts with qualified Environmental Assessor to supervise preparation of and sign Phase 1 to ATSM/DTSC standards on preferred site(s).
or
With concurrence of DTSC district may skip Phase 1 and proceed directly to Preliminary Endangerment Assessment (listed below under Potential Hazardous Materials).
Clean Site
Phase 1 concludes no further investigation is required. District submits 2 copies of Phase 1 with proof of qualifications to School Facilities Planning Division (SFPD) with $1,500 payable to CDE for DTSC review.
SFPD submits Phase 1 to DTSC
within 10 calendar days of receipt of Phase 1, proof and fee.
DTSC conducts review of Phase 1 (or additional information) within 30 calendar days of receipt.
DTSC approves Phase 1, determines "No Action" is needed, no health/environmental threat, notifies CDE and district.
District may proceed with Final Site Approval SFPD Form 4.01 requirements.
or
Phase 1 concludes no further investigation is required, district submits 2 copies of Phase 1 with proof of qualifications to SFPD with $1,500 payable to CDE for DTSC review.
SFPD submits Phase 1 to DTSC within 10 calendar days of receipt of Phase 1, proof and fee.
DTSC conducts review of Phase 1 (or additional information) within 30 calendar days of receipt.
and
DTSC disapproves Phase 1 or determines it is incomplete and requests further information.
District submits additional Phase 1 information to DTSC for further review.
or
DTSC disapproves Phase 1 or determines it is incomplete and requests further information.
District applies for and enters into Environmental Oversight Agreement (EOA) with DTSC to oversee PEA, district contracts with qualified Environmental Assessor to prepare PEA (from this point down the flow of the review process is listed below under Potential Hazardous Materials).
Potential Hazardous Materials (including naturally occurring)
Phase 1 concludes PEA (further investigation) is needed due to recognized environmental condition. District submits 1 copy and no money to CDE.
District applies for and enters into an Environmental Oversight Agreement (EOA) with DTSC to oversee PEA. District contracts with qualified Environmental Assessor to prepare PEA. (If lead-based paint is the only potential issue, district may seek CDE final site plan approval with DTSC agreement of lead investigation).
District provides DTSC's format of public notice to immediate area residents prior to starting PEA field work.
If necessary for PEA, district seeks DTSC site access authority.
District completes and submits PEA to DTSC and publishes PEA newspaper notice and posts site, indicates DTSC submittal and that PEA will be available for review under Option A or B.
Option A
Notice offers to receive public comments for at least 30 calendar days, date, place of hearing, and where PEA and DTSC requested changes and correspondence are available.
DTSC informs district if it is likely to disapprove PEA and action required for approval. District may take such action.
District conducts PEA public hearing, sends all public comments to DTS and makes any PEA revisions available to public.
Within 30 calendar days of close of district public comment period, DTSC approves or disapproves PEA and informs district of action necessary to secure approval. District takes action to secure PEA approval.
DTSC approves PEA, determines "No Further Action" is required, no threat to health or environment, notifies district. District sends PEA, conclusion summary to SFTSD. District may proceed with final site approval SFTSD Form 4.01 requirements.
or
DTSC approves PEA, determines release, threat, or naturally occurring hazardous materials, further investigation or Response Action is required, notifies district. The district sends the PEA conclusion summary to SFPD.
District enters DTSC Voluntary Cleanup Agreement, contracts Assessor for preparation of Removal Action Workplan (RAP) or studies leading to a Remedial Action Plan for DTSC approval, conducts DTSC Public Participation Plan activities, prepares financial analysis and cost estimate of response action, assesses benefits compared to alternative sites, evaluates suitability of alternatives, obtains SFPD Contingent Site Approval, and may seek Environmental Hardship (DTSC indicates greater than 6 months to complete RAP and SFPD "best available site" determination). District or DTSC is lead agency on separate or concurrent Response Action CEQA document. DTSC notifies Department of the State Architect if any facility design conditions are required to protect the response action. If necessary and after project CEQA approval, district acquires site.
District implements Response Actions under DTSC oversight.
DTSC certifies all Response actions completed. District may proceed with Final Site Approval SFPD Form 4.01 requirements.
Option B
Within 60 calendar days of receipt, DTSC either requests modifications, further assessments, or concurs with PEA adequacy pending review of public comments, or DTSC may concur with adequacy any time after receipt of DTSC requested PEA modifications.
District makes PEA available to the public on same time and basis as the site's draft CEQA document. If CEQA document will not be available until more than 90 days after DTSC approval district will publish separate newspaper notice within60 days of approval.
District conducts simultaneous hearing on PEA and draft CEQA document, approves CEQA document and immediately sends all PEA public comments to DTSC.
Within 30 calendar days of district CEQA document approval, DTSC approves or disapproves PEA and informs district of actions necessary to secure approval. District takes such action.
DTSC approves PEA, determines "No Further Action" is required, no threat to health or environment, notifies district, district sends PEA conclusion summary to SFTSD. District may proceed with final site approval SFPD Form 4.01 requirements.
or
DTSC approves PEA, determines release, threat, or naturally occurring hazardous materials, further investigation or Response Action is required, notifies district. The district sends the PEA conclusion summary to SFPD.
District enters DTSC Voluntary Cleanup Agreement, contracts Assessor for preparation of Removal Action Workplan (RAP) or studies leading to a Remedial Action Plan for DTSC approval, conducts DTSC Public Participation Plan activities, prepares financial analysis and cost estimate of response action, assesses benefits compared to alternative sites, evaluates suitability of alternatives, obtains SFPD Contingent Site Approval, and may seek Environmental Hardship (DTSC indicates greater than 6 months to complete RAP and SFPD "best available site" determination). District or DTSC is lead agency on separate or concurrent Response Action CEQA document. DTSC notifies Department of the State Architect if any facility design conditions are required to protect the response action. If necessary and after project CEQA approval, district acquires site.
District implements Response Actions under DTSC oversight.
DTSC certifies all Response actions completed. District may proceed with Final Site Approval SFPD Form 4.01 requirements.
Note: Financial hardship districts may seek CDE Contingent Site Approval at any time regardless of DTSC project status.
Note: Districts may elect not to pursue a site at any point in this process.