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HomeMy WebLinkAboutvraa-draft-2024-accessible-adaRONALD BROWDER, Director LOCAL OVERSIGHT PROGRAM (LOP) For Hazardous Materials Releases Dilan Roe, Chief, Land & Water Protection Division 510.567.6767 | dilan.roe@acgov.org Paresh Khatri, LOP Manager 510.777.2478 | paresh.khatri@acgov.org ACEHD CASE RO000XXXX | Initial ______ | 1 of 6 INFORMATION ONLY - DRAFT VOLUNTARY REMEDIAL ACTION AGREEMENT AGREEMENT #: RO000XXXX-YYYY-MM-DD This Voluntary Remedial Action Agreement (“Agreement”) is between [RESPONSIBLE PARTY(IES)] (“Responsible Party(ies)”) and the Alameda County Environmental Health Department (ACEHD) and is effective on the date signed by the Director of ACEHD. Responsible Party(ies) have completed and submitted a request form for ACEHD to provide regulatory oversight of site assessment and remedial actions with respect to subsurface contamination under the environmental cleanup case (the “Case”) at property(ies) (the “Site”) identified below: Field Site information GeoTracker Global ID T100000XXXXX Alameda County Case ID RO000XXXX Case Name CASE NAME Property Address ADDRESS City, State, Zip Code CITY, STATE, ZIP Assessor’s Parcel Number(s)APN(S) The Parties hereby agree as follows: 1) Site Assessment & Remedial Action. Responsible Party(ies) agrees to: a) Perform the remedial actions identified in Exhibit 1 and other actions as may be requested by ACEHD during the term of this Agreement. b) Perform all the work required by this Agreement including modifications or additions requested by ACEHD. c) Timely reporting, investigation, and cleanup of soil and/or groundwater contamination, in compliance with appropriate laws, regulations, and policies. d) Conduct all activities in accordance with applicable regulatory requirements, and industry practices. e) Conduct remedial actions that may be necessary to protect human health and the environment. 2) ACEHD Oversight. ACEHD shall review and provide written comments to Responsible Party(ies) regarding the proposed site assessment(s) and/or remedial work. Regardless of the level of oversight from ACEHD, the Responsible Party(ies) is responsible for all actions related to the site. Responsible Party(ies) is also responsible for compliance with any new laws or regulations that may be applicable during the term of this Agreement. RONALD BROWDER, Director LOCAL OVERSIGHT PROGRAM (LOP) For Hazardous Materials Releases Dilan Roe, Chief, Land & Water Protection Division 510.567.6767 | dilan.roe@acgov.org Paresh Khatri, LOP Manager 510.777.2478 | paresh.khatri@acgov.org ACEHD CASE RO000XXXX | Initial ______ | 2 of 6 3) Documents. a) Responsible Party(ies) hereby verifies that it has submitted to ACEHD all background information, environmental assessment reports (including Phase I Environmental Assessment Reports), analytical results, and any other information pertinent to the characterization and cleanup of the site (“Documents”). b) Responsible Party(ies) hereby verifies that all submitted information and documents are current and accurate to the best of his/her knowledge. Responsible Party(ies) understands and agrees that Documents it submits must be prepared by, signed and stamped by environmental professionals who are licensed to perform these activities in California. c) If any additional information becomes available, or Responsible Party(ies) becomes aware that information contained in any Document is inaccurate, it shall immediately notify ACEHD in writing. 4) Dangerous Condition. Responsible Party(ies) shall notify ACEHD immediately upon learning of any condition that may pose an immediate threat to public health or safety or the environment. Responsible Party(ies) shall immediately take remedial measures to address any immediate threat or imminent or substantial endangerment. 5) State Enforcement Action. Entering into this Agreement does not prevent the Department of Toxic Substances Control (DTSC), the State Water Resources Control Board (State Water Board), or the San Francisco Bay Regional Water Quality Control Board (Regional Water Board) from taking an enforcement action to address the release. 6) Referral of Case to the DTSC or Regional Water Board. Nothing in this Agreement prevents ACEHD, if it determines it is appropriate, from referring the site to DTSC or Regional Water Board. 7) Electronic Submittal of Information to GeoTracker. This case is subject to California regulations for electronic submittal of information for all soil and groundwater cleanup cases in California (Title 23, Division 3, Chapter 30, Articles 1 and 2; Title 27, Division 3, Subdivisions 1 and 2). In order to be considered complete, all required submittals must be uploaded to the State of California GeoTracker database in compliance with State Water Board (GeoTracker) requirements by specified submittal due dates. 8) Completion of Site Assessment and/or Remedial Action. Upon completion of site assessment and/or remedial action, ACEHD will provide the Responsible Party(ies) with a letter stating that actions required by this Agreement are complete and no further action is required (i.e., Closure Letter). 9) Long-term Management of Environmental Engineering Controls. a) If the remedial action includes installation of environmental engineering controls to mitigate human health exposure risk from residual contamination at the site, Responsible Party(ies) shall: i) Complete all remediation phases; ii) Mitigate all current risks to receptors; iii) Confirm risk management measures are in place; and iv) Prepare and record a covenant for environmental restrictions in accordance with California Civil Code §1471, Covenants To Do Or Refrain From Doing. RONALD BROWDER, Director LOCAL OVERSIGHT PROGRAM (LOP) For Hazardous Materials Releases Dilan Roe, Chief, Land & Water Protection Division 510.567.6767 | dilan.roe@acgov.org Paresh Khatri, LOP Manager 510.777.2478 | paresh.khatri@acgov.org ACEHD CASE RO000XXXX | Initial ______ | 3 of 6 b) ACEHD will issue a No Further Remedial Action Letter when the above items are completed and a Risk Management Plan is submitted by the Responsible Party(ies), and approved by ACEHD, that includes the following: i) A maintenance/monitoring/reporting program to confirm ongoing performance of the environmental engineering controls and risk management measures until such time that subsurface contamination no long poses a risk to human health if the environmental engineering controls were not in place; ii) Routine inspections and testing in accordance with the maintenance/monitoring/reporting program to confirm the environmental engineering controls continue to be protective of human health and the environment and perform as designed. iii) Reports from of all inspection and testing are uploaded on to GeoTracker in accordance with Title 23 of the California Code of Regulations, Division 3, Chapter 30, Electronic Submission of Information. 10) Full Compliance. Responsible Party(ies) is required to comply with all legal requirements. Entering into this Agreement with ACEHD does not affect the rights or obligations of any other agency to regulate, inspect, permit, issue violations and issue orders. Responsible Party(ies) cannot rely on this Agreement, any directions or assistance from ACEHD to avoid compliance with the law or responding to and fully cooperating with other regulatory agencies. 11) Access to Site. Responsible Party(ies) shall provide ACEHD full access to the Site and take all reasonable efforts to obtain access to offsite areas to which access is necessary to implement this Agreement. Such access shall be provided to ACEHD employees, contractors, and consultants at all reasonable times. Nothing in this paragraph is intended or shall be construed to limit in any way the right of entry or inspection that ACEHD or any other agency may otherwise have by operation of law. 12) Payment of Cost. a) Fees. Pursuant to Health and Safety Code § 101490 ACEHD will charge Responsible Party(ies) for all costs including ACEHD staff time. Responsible Party(ies) agrees to promptly pay all charges. b) Hourly Rate. The ACEHD hourly charge rate is $174 per hour as of July 1, 2021. The hourly charge rate may be adjusted periodically to reflect program costs. For this case, approximately [INSERT HOURS] hours have already been worked, and will be debited against deposit/refund account. c) Deposit. Responsible Party(ies) shall submit an initial deposit of $10,000.00 payable to Alameda County Environmental Health Department with the ACEHD case number (which can be found on the footer of this Agreement) and the Site address written on the check. Checks are to be mailed or delivered to the attention of ACEHD Finance Department, 1131 Harbor Bay Parkway, Alameda, CA 94502. This deposit may or may not be sufficient to provide all necessary regulatory oversight. At the request of ACEHD, Responsible Party(ies) will submit a further deposit if the funds are depleted. Additional funds, if requested, must be submitted within two (2) weeks of the request. d) Application of Deposit. ACEHD will apply the deposit as work is performed. If the initial fund deposit is insufficient, an additional deposit will be requested. Any unused funds will be refunded to the Responsible Party(ies). If the reasonable and necessary costs have been expended, including staff time, prior to execution of this Agreement, ACEHD will apply the deposit to that amount first. e) Payment of Costs after Termination. In the event that this Agreement is terminated for any reason, the Responsible Party(ies) shall still be responsible for payment of ACEHD costs through the effective date of termination. RONALD BROWDER, Director LOCAL OVERSIGHT PROGRAM (LOP) For Hazardous Materials Releases Dilan Roe, Chief, Land & Water Protection Division 510.567.6767 | dilan.roe@acgov.org Paresh Khatri, LOP Manager 510.777.2478 | paresh.khatri@acgov.org ACEHD CASE RO000XXXX | Initial ______ | 4 of 6 13) Indemnification. Responsible Party(ies), directly or through the Site property owner, agrees to hold harmless, defend and indemnify the County of Alameda, its Board of Supervisors, their officers, agents and employees from and against any and all claims, causes of action, losses, damages, liabilities and expenses, including but not limited to attorneys’ fees, arising out of or resulting from or in any way connected with this Agreement except where caused solely by the gross negligence or willful misconduct of any indemnitee. The County may participate in the defense of any such claim without relieving Responsible Party(ies) of any obligation hereunder. 14) Termination. a) ACEHD may, after giving Responsible Party(ies) adequate notice, withdraw from this Agreement at any time after making one of the following findings: (1) Responsible Party(ies) is not in compliance with this Agreement; (2) Appropriate staff resources, technical expertise, or technical capabilities are not available to adequately provide oversight of the remedial action; or (3) The release of the waste that is the subject of the remedial action is of a sufficiently complex nature or may present such a significant potential hazard to human health or the environment that it should be referred to the DTSC or a Regional Water Board. b) The Responsible Party(ies) may terminate this Agreement provided: (1) the Responsible Party(ies) pays ACEHD costs through the effective date of termination; (2) The Responsible Party(ies) submits all analytical results and any other information pertinent to the characterization and cleanup of the site in its possession through the effective date of termination; and (3) in coordination with ACEHD, is leaving the Site in a safe condition as of the effective date of termination including filling in any excavations, removing equipment and providing pertinent information to the Property Owner, with a copy to ACEHD. 15) Entire Agreement. This Agreement, including all attachments, exhibits, and any other documents specifically incorporated into this Agreement, shall constitute the entire agreement between Parties relating to the subject matter of this Agreement. No supplement, amendment, or modification of this Agreement shall be binding unless it is in writing and signed by authorized representatives of both Parties. 16) Headings. Headings are for convenience of reference only and shall in no way affect interpretation of the Agreement. 17) Severability: If a court of competent jurisdiction holds any provision of this Agreement to be illegal, unenforceable, or invalid in whole or in part for any reason, the validity and enforceability of the remaining provisions, or portions of them, will not be affected, unless an essential purpose of this Agreement would be defeated by the loss of the illegal, unenforceable, or invalid provision. RONALD BROWDER, Director LOCAL OVERSIGHT PROGRAM (LOP) For Hazardous Materials Releases Dilan Roe, Chief, Land & Water Protection Division 510.567.6767 | dilan.roe@acgov.org Paresh Khatri, LOP Manager 510.777.2478 | paresh.khatri@acgov.org ACEHD CASE RO000XXXX | Initial ______ | 5 of 6 Signatures Party / authorization Signature Printed name Date Responsible Party #1 [CORPORATION] [CORPORATION STATE] Authorized Person: ____________________ Title: ____________________ ____________________________________ ____ ___________ _ Acknowledged by Property Owner [CORPORATION] [CORPORATION STATE] Authorized Person: ____________________ Title: ____________________ ____________________________________ ____ ___________ _ Alameda County Environmental Health Department Director ____________________Ronald Browder ___________ _ RONALD BROWDER, Director LOCAL OVERSIGHT PROGRAM (LOP) For Hazardous Materials Releases Dilan Roe, Chief, Land & Water Protection Division 510.567.6767 | dilan.roe@acgov.org Paresh Khatri, LOP Manager 510.777.2478 | paresh.khatri@acgov.org ACEHD CASE RO000XXXX | Initial ______ | 6 of 6 EXHIBIT 1 SCOPE OF WORK This Voluntary Remedial Action Agreement applies to [SITE ADDRESS, CITY, CA, ZIP CODE, (APN)]. ACEHD will provide oversight of [GENERAL DESCRIPTION OF PROJECT], including site assessment, and/or remedial action at the site with respect to subsurface contamination at the site. Responsible Party(ies) shall complete the following tasks: 1. Submittal of Existing Data. Submit to ACEHD all background information, analytical results, environmental assessment reports including Phase I environmental assessment reports and any other information pertinent to environmental conditions at the site. 2. Site Assessment. Conduct site assessment activities to characterize the nature and extent of contamination and to determine whether the site poses a threat to human health or the environment. Documents which may be required as part of this site assessment could potentially include the following: Work Plans Site Assessment Reports Risk Assessment Reports Sensitive Receptor Survey Reports Conceptual Site Models 3. Remedial Actions. Documents which may be required as part of remedial actions could potentially include the following: Interim Remedial Action Work Plans Feasibility Study Reports Remedial Action Plans Remedial Action Completion Reports Risk Management Plans Monitoring Reports Recording of Environmental Covenant 4. Additional Actions. Responsible Party(ies) understands that as additional information about the waste release, site conditions, and related information becomes available, additional actions may be recommended and/or required. ACEHD will provide the information regarding additional actions through directive letters referencing this Agreement.