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Site Approval with Dept Toxic Substances Review


This is an Accessible Version of the California Department of Education/Department of Toxic Substances Control Review process flowchart (PDF). The Adobe Acrobat Portable Document should be the preferred version of downloading.

(For Districts seeking State Facility Program funding or CDE approval per Assembly Bill (AB) 14, Education Code Section 17213.1, Department of Toxic Substances Control (DTSC) Regulations, and California Department of Education (CDE) Policies)

This is a flowchart depicting the process districts are required to follow when seeking CDE site approval and DTSC review, not all requirements are shown.

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 the process.

DTSC determination is necessary for CDE to issue final approval.

First Alternative of Flow Chart:

SFPD 4.0 Site Review conditions/ranking of alternate sites.

District contracts with qualified Environmental Assessor to supervise preparation of Phase 1 to ASTM/DTSC Regulations and standards on preferred site(s).

Phase 1 concludes no further investigation is required, District submits signed Phase 1 with proof of qualifications and $1,500 to DTSC Glendale (may include limited lead-based paint/PCB samplings).

DTSC conducts review of Phase 1 (or additional information) within 30 calendar days of receipt.

DTSC approves Phase 1 (or addendum), determines "No Action" needed, District submits Phase 1. to CDE.

District may proceed with Final Site Approval SFPD 4.01 requirements.

Second Alternative of Flow Chart:

SFPD 4.0 Site Review Conditions/ranking of alternate sites.

Districts contracts with qualified Environmental Assessor to supervise preparation of Phase 1 to ASTM/DTSC Regulations and standards on preferred site(s).

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Phase1 concludes no further investigation is required, District submits signed Phase 1 with proof of qualifications and $1,500 to DTSC Glendale (may include limited lead-based paint/PCB sampling).

DTSC conducts review of Phase 1 (or additional information) within 30 calendar days of receipt.

DTSC disapproves Phase 1 or determines it is incomplete, requests additional information.

District submits additional Phase 1 information to DTSC.

DTSC conducts review of Phase 1 (or additional information) within 30 calendar days of receipt.

DTSC approves Phase 1 (or addendum), determines "No Action" needed, District submits Phase 1 to CDE.

District may proceed with Final Site Approval SFPD 4.01 requirements.

Third Alternative of Flow Chart:

SFPD 4.0 Site Review conditions/ranking of alternate sites.

District contracts with qualified Environmental Assessor to supervise preparation of Phase 1 to ASTM/DTSC Regulations and standards on preferred site(s).

Phase 1 concludes no further investigation is required, District submits signed Phase 1 with proof of qualifications and $1,500 to DTSC Glendale (may include limited lead-based paint/PCB sampling).

DTSC conducts review of Phase 1 (or additional information) within 30 calendar days of receipt.

DTSC approves Phase 1, requires addendum for lead/PCB only. If District commits in writing to do addendum, may seek CDE final approval.

District conducts lead/PCB sampling before grading, submits Phase 1 addendum to DTSC.

DTSC approves Phase 1 (or addendum), determines "No Action" needed, District submits Phase 1 to CDE.

District may proceed with Final Site Approval SFPD 4.01 requirements.

Fourth Alternative of Flow Chart:

SFPD 4.0 Site Review conditions/ranking of alternate sites.

District contracts with qualified Environmental Assessor to supervise preparation of Phase 1 to ASTM/DTSC Regulations and standards on preferred site(s).

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Phase 1 concludes no further investigation is required, District submits signed Phase 1 with proof of qualifications and $1,500 to DTSC Glendale (may include limited lead-based paint/PCB sampling).

DTSC conducts review of Phase 1 (or additional information) within 30 calendar days of receipt.

DTSC determines PEA (further investigation) is needed, notifies CDE and District.

District applies for and enters into Environmental Oversight Agreement (EOA) with DTSC to oversee PEA, District contracts with qualified Environmental Assessor to prepare PEA.

If lead-based paint/PCB is the only potential issue and District commits in writing to do a PEA, District may seek CDE final site/plan approval.

District provides public notice to immediate area residents prior to starting PEA field work.

If necessary for PEA, District seeks DTSC site access authority.

District completes a submits PEA to DTSC, publishes PEA in a newspaper notice, and posts site indicating 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 and 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 DTSC 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 School Facilities Planning Division (SFPD)

District may proceed with Final Site Approval SFPD 4.01 requirements.

Option B Within 60 calendar days of receipt DTSC either requests modification with further assessment 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/basis as the site's draft CEQA document. If CEQA document will not be available until 90 days after DTSC approval District will publish a public notice in a newspaper within 60 days of approval.

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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 release, threat, or naturally occurring hazardous materials, further investigation/Response Action is required, notifies District. District sends PEA conclusion summary to SFPD.

District signs DTSC Voluntary Cleanup Agreement (VCA) or commits in writing to do Response Action, prepares Removal Action Workplan (RAW) or Remedial Action Plan (RAP) for DTSC submittal/approval, prepares financial analysis and cost estimate of response action, assesses benefits compared to alternative sites, evaluates suitability of alternative, may seek CDE Contingent Site Approval and Environmental Hardship (i.e. if DTSC indicates at least six months to prepare/complete Response Action and CDE provides "best available site" determination).

If DTSC does not object to CDE issuing final approval and either approves Response Action cleanup plan, or determines Response is to be implemented in school construction, or school construction project is on a portion of site not affected by hazardous materials and will not interfere with Response, District may seek CDE final approval
and
District conducts DTSC Public Participation Plan activities, District or DTSC is lead agency on separate or concurrent Response Action CEQA document. DTSC notifies Department of State Architect (DSA) if any facility design conditions are required to protect the integrity of Response Action If necessary and after project CEQA approval District acquires site.

District conducts Supplemental Site Investigation.

District implements Response Action under DTSC oversight.

DTSC certifies all Response Actions completed.

DTSC determines not Further Action needed.

Fifth Alternative of Flow Chart

SFPD 4.0 Site Review conditions/ranking of alternative sites.

With concurrence of DTSC, District may skip Phase 1, proceed directly to PEA.

Phase 1 concludes Preliminary Endangerment Assessment (PEA) (further investigation) is needed due to recognized environmental conditions. District submits one Phase 1 to CDE.

District applies for and enters into Environmental Oversight Agreement (EOA) with DTSC to oversee PEA, District contracts with qualified Environmental Assessor to prepare PEA.

If lead-based paint/PCB is the only potential issue and District commits in writing to do a PEA, District may seek CDE final site/plan approval.

District provides 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 indicating DTSC submittal and that PEA will be available for review under Option A or Option B. (See Option A and Option B above).

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Questions:   Michael O'Neill | moneill@cde.ca.gov | 916-322-1463
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