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HomeMy WebLinkAboutAttachment E - Standard Voluntary Agreement between DTSC and Applicant Printed on Recycled Paper SENT VIA ELECTRONIC MAIL July 1, 2024 Damien Mavis Manager, Covelop Holdings, LLC Manager of Alamo, LLC P.O. Box 12910 San Luis Obispo, California 93406 DMavis@covelop.net EXECUTED STANDARD VOLUNTARY AGREEMENT FOR ALAMO, 1390 WALKER STREET, 280-290 PISMO STREET, AND 251 PACIFIC STREET, SAN LUIS OBISPO, CALIFORNIA (SITE CODE: 102554-11 & DOCKET NO. HSA-FY23/24-132) Dear Damien Mavis: I would like to take this opportunity to personally welcome you to our Voluntary Agreement program. Enclosed is a copy of the Standard Voluntary Agreement (Agreement) Docket No. HSA-FY23/24-132 for the Alamo site located at 1390 Walker Street, 280-290 Pismo Street, and 251 Pacific Street in San Luis Obispo, California 93401 (Site). The Agreement became effective, the date it was signed by the Department of Toxic Substances Control (DTSC). Scott Yuen has been assigned as your Project Manager. For your records, the contact information for Scott Yuen and their Supervisor, Joseph Tapia is as follows: Scott Yuen Engineering Geologist Site Mitigation and Restoration Program Department of Toxic Substances Control 1515 Tollhouse Road Clovis, California 93611 Phone: (559) 578-8176 E-mail: Scott.Yuen@dtsc.ca.gov Joseph Tapia, P.E. Supervising Engineer Site Mitigation and Restoration Program Department of Toxic Substances Control 1515 Tollhouse Road Clovis, California 93611 Phone: (559) 297-3977 E-mail: Joseph.Tapia@dtsc.ca.gov ATTACHMENT E Damien Mavis July 1, 2024 Page 2 Printed on Recycled Paper Please ensure the advance payment is made in accordance with Paragraph 17.3 of the Agreement. All payments made should reference the Site Code (102554-11) and Agreement Docket No. HSA-FY23/24-132. Payments by check shall be sent to: Accounting Office Department of Toxic Substances Control P.O. Box 806 Sacramento, California 95812-0806 DTSC also recommends utilizing our Electronic Submittal of Information (ESI) system which allows for reports and data to be submitted electronically through EnviroStor. The forms to set up an ESI account and additional information are attached to this letter and are available online. Should you have any questions or issues creating an account or designating an Authorized Agent, you may contact the EnviroStor Help Desk at Envirostor@dtsc.ca.gov or call 1-877-7TOXICS (1-877-786-9427). In addition to voluntary agreements, DTSC administers funding programs that may be applicable to this project or other brownfields projects. The attached quick reference guide provides summary information on our funding resources and has contact information should you be interested in learning how these tools could apply to this Site or other brownfields projects. Thank you for your cooperation. If you have any questions, please do not hesitate to contact me at (916) 255-3676 or via email at Ed.Walker@dtsc.ca.gov. Sincerely, Edward J. Walker, P.E., Chief Office of Engineering & Special Projects Site Mitigation and Restoration Program Department of Toxic Substances Control Enclosures: Executed Standard Voluntary Agreement ESI Information Funding Information cc: (via email) Bryan Hulburd Covelop BHulburd@covelop.net ATTACHMENT E Damien Mavis July 1, 2024 Page 3 Printed on Recycled Paper Carolynn Ulrich Covelop CUlrich@covelop.net David Dixon Roux Inc. DDixon@rouxinc.com Abraham Serrato Brownfield Coordinator Site Evaluation and Remediation Unit Department of Toxic Substances Control Abraham.Serrato@dtsc.ca.gov Scott Yuen Engineering Geologist Site Mitigation and Restoration Program Department of Toxic Substances Control Scott.Yuen@dtsc.ca.gov Joseph Tapia, P.E., Unit Chief Supervising Engineer Site Mitigation and Restoration Program Department of Toxic Substances Control Joseph.Tapia@dtsc.ca.gov ATTACHMENT E Alamo 1390 Walker Street, 280-290 Pismo Street, and 251 Pacific Street San Luis Obispo, California 93401 STATE OF CALIFORNIA ENVI RONMENTAL PROTECTION AGENCY DEPARTMENT OF TOXIC SUBSTANCES CONTROL ln the Matter of:Docket No. HSA-FY23124-1 32 Standard Voluntary Ag reement Health and Safety Code Section 79055(a)(1XC) Proponent: Alamo, LLC P.O. Box 12910 San Luis Obispo, California 93406 The California Department of Toxic Substances Control (DTSC) and Alamo, LLC (Proponent) enter into this Standard Voluntary Agreement (Agreement) and agree as follows: 1. Site. This Agreement applies to the Site located at 1390 Walker Street, 280-290 Pismo Street, and 251 Pacific Street, San Luis Obispo, in San Luis Obispo County, California 93401 (Site), identified by San Luis Obispo County Assessor's Parcel Number(s) 002-505-005, 002-505-006, and 002-505-001, and any off-site area to which hazardous substances have or may have migrated from the Site. The Site is approximately 1.11 acres in size and is bordered by Pacific Street to the north, Walker Street to the west, and Pismo Street to the south. The Site is bisected by Pacific Pismo Alley. The Site is currently vacant with an unoccupied historical building. Historically, the Site consisted of a former manufactured gas plant and substation. The Site was investigated and certified by DTSC with the recording of Land Use Covenants (LUCs) on the Site parcels. The Proponent seeks to redevelop the Site for commercial use at the 280-290 Pismo Street location and residential use at the 1390 Walker Street location. Additionally,25l Pacific Street will become a paved parking lot. The intent is to comply with the existing LUCs and request a variance on the 1390 Walker Street parcel to allow residential development. DTSC approved an Operation and Maintenance (O&M) Plan for the 280-290 Pismo Street location on March 18,2021that included a Soil Management Plan (SMP). The adjoining sites consist of a mix of commercial and residential uses. A Site location map is attached as Exhibit A, and a Site diagram is attached as Exhibit B. I ATTACHMENT E 2. Jurisdiction. This Agreement is entered into by DTSC and Proponent pursuant to Health and Safety Code section 79055(a)(1XC), which authorizes DTSC to enter into an enforceable agreement to oversee investigation and/or remediation of a release or a threatened release of any hazardous substance at or from the Site. 3. Purpose. The purpose of this Agreement is for Proponent to investigate, remediate, and/or evaluate a release, a threatened release, or a potential release of any hazardous substance at or from the Site under the oversight of DTSC. The purpose of this Agreement is also for DTSC to obtain reimbursement from Proponent for DTSC's oversight costs incurred pursuant to this Agreement. 4. Ownership and Notification. 4.1. The Site is owned by Alamo, LLC. 4.2. Prior to DTSC providing oversight or review or comment on any document, Proponent shall provide DTSC with all of the following: (a) proof of the identity of all current record owners of fee title to the Site and their mailing addresses; (b) written evidence that the owners of record have been sent a notice that describes the actions completed or proposed by Proponent; and (c) an acknowledgment of the receipt of the notice required in subparagraph (b) from the property owners or proof that Proponent has made reasonable efforts to deliver the notice to the property owner and was unable to do so. 4.3. Proponent shall notify DTSC of any changes in ownership of the Site subsequent to the Effective Date of this Agreement and provide written evidence that Proponent notified the new owner(s) of record of the actions completed or proposed by Proponent under this Agreement. 5. Substances Found at the Site. Based on the information available to DTSC and Proponent, the Site is or may be contaminated with hazardous substances, including petroleum, polycyclic aromatic hydrocarbons (PAHs), volatile organic compounds (VOCs), and metals. 6. Scope of Work and DTSC Oversiqht. DTSC shall review and provide Proponent with written comments on all Proponent's deliverables as described in Exhibit C (Scope of Work) and other documents applicable to the scope of the project. DTSC shall provide oversight of field activities, including sampling and remedial activities, as appropriate. Proponent agrees to perform all the work required by this Agreement. Proponent shall perform the work in accordance with applicable local, state, and federal statutes, regulations, ordinances, rules, and guidance documents, in particular, Health and Safety Code section 78000 et seq., as amended. 2 Standard Voluntary Agreement Model January 23,2024 ATTACHMENT E 7. Additional Activities. DTSC and Proponent may amend this Agreement to include additional activities in accordance with Paragraph 18 of this Agreement. lf DTSC expects to incur additional oversight costs for these additional activities, it will provide an estimate of the additional oversight costs to Proponent. 8. Endanoerment Duri nq lmplementation 8.1 Proponent shall notify DTSC's Project Manager immediately upon learning of any condition that may pose an immediate threat to public health or safety or the environment. Within seven days of the onset of such a condition, Proponent shall furnish a report to DTSC, signed by Proponent's Project Manager, setting forth the conditions and events that occurred and the measures taken in response thereto. 8.2 ln the event DTSC determines that any activity (whether or not pursued in compliance with this Agreement) may pose an imminent or substantial endangerment to the health or safety of people on the Site or in the surrounding area or to the environment, DTSC may order Proponent to conduct additional activities in accordance with ParagraphT of thisAgreementortostopfurtherimplementationof thisAgreement for such period of time as may be needed to abate the endangerment. DTSC may request that Proponent implement interim measures to address any immediate threat or imminent or substantial endangerment. 9. Access. Proponent shall provide, and/or obtain access to the Site and take all reasonable efforts to obtain access to offsite areas to which access is necessary to implement the Agreement. Such access shall be provided to DTSC's 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 DTSC or any other agency may othenruise have by operation of law. 10. Samplinq. Data and Document Availability. When requested by DTSC, Proponent shall make available for DTSC's inspection, and shall provide copies of, all data and information concerning contamination at or from the Site, including technical records and contractual documents, sampling and monitoring information and photographs and maps, whether or not such data and information was developed pursuant to this Agreement. For all final reports, Proponent shall submit one hard (paper) copy and one electronic copy with all applicable signatures and certification stamps as a text-readable Portable Document Format (pdf) file compatible with Adobe Acrobat or a formatted file compatible with Microsoft Word. Proponent shall provide the electronic copy via EnviroStor's Electronic Submittal of lnformation (ESl) portal unless othenruise instructed by DTSC. Additionally, Proponent shall upload sampling data to the ESI portal in the Electronic Deliverable Format (EDF). Proponent shall provide the electronic copy via EnviroStor's Electronic Submittal of lnformation (ESl) portal unless 3 Standard Voluntary Agreement Model January 23,2024 ATTACHMENT E otheruise instructed by DTSC. Additionally, Proponent shall upload sampling data to the ESI portal in the Electronic Deliverable Format (EDF). 11. Photoqraphs and Drawinqs. Upon request by DTSC, Proponent shall provide DTSC with photographs Proponent has in its possession of the Site and activities at the Site, as well as drawings Proponent has in its possession in connection with redevelopment plans for the Site. Proponent shall allow DTSC to take photographs of the Site, including activities at the Site, whenever DTSC accesses the Site pursuant to Paragraph 9. Proponent grants DTSC the right to distribute, transmit, publish, or copy, in any medium, either in whole or in part, the photographs or drawings DTSC obtains pursuant to this paragraph for any use, including, but not limited to, project documentation, public outreach, web and social media content, and marketing materials. This paragraph does not apply to drawings that contain confidential business information. 12. Record Preservation Proponent shall retain, during the implementation of this Agreement and for a minimum of six years after its termination, all data, reports, and other documents that relate to the performance of this Agreement. lf DTSC requests that some or all of these documents be preserved for a longer period of time, Proponent shall either comply with the request, deliver the documents to DTSC, or permit DTSC to copy the documents at Proponent's expense prior to destruction. 13. Notification of Field Activities. Proponent shall inform DTSC at least seven days in advance of all field activities pursuant to this Agreement and shall allow DTSC and its authorized representatives to take duplicates of any samples collected by Proponent pursuant to this Agreement. 14. Proiect Manaqers. Within 14 days of the effective date of this Agreement, DTSC and Proponent shall each designate a Project Manager and shall notify each other in writing of the Project Manager selected. The Proponent's Project Manager shall have the technical expertise in project management, regulatory compliance, and hazardous substance site investigation and remediation sufficient to fulfill his or her responsibilities. Each Project Manager shall be responsible for overseeing the implementation of this Agreement and for designating a person to act in their absence. All communications between DTSC and Proponent, and all notices, documents, and correspondence concerning the activities performed pursuant to this Agreement shall be directed through the Project Managers. Each party may change its Project Manager with at least seven days prior written notice. 15. Proponent's Consultant and Contractor. All engineering work performed pursuant to this Agreement shall be under the direction and supervision of a registered professional engineer licensed in California, with expertise in hazardous substance site investigation and remediation. All geologicalwork performed pursuant to this Agreement 4 Standard Voluntary Agreement Model January 23,2024 ATTACHMENT E shall be under the direction and supervision of a registered professional geologist licensed in California, with expertise in hazardous substance site investigation and remediation. Proponent's contractors and consultants shall have the technical expertise sufficient to fulfill his or her responsibilities. Within 14 days of the effective date of this Agreement, Proponent shall notify DTSC's Project Manager in writing of the name, title, and qualifications of the registered professional engineer and/or professional geologist and of any contractors or consultants and their personnel to be used in carrying out the work under this Agreement in conformance with applicable state law, including but not limited to, Business and Professions Code sections 6735 and 7835. 16. DTSC Review and Approval. All work performed pursuant to this Agreement is subject to DTSC's review and approval. lf DTSC determines that any report, plan, schedule or other document submitted for approval pursuant to this Agreement fails to comply with this Agreement or fails to protect public health or safety or the environment, DTSC may (a) return comments to Proponent with recommended changes and a date by which the Proponent must submit to DTSC a revised document incorporating or addressing the recommended changes; or (b) modify the document in consultation with Proponent and approve the document as modified. All DTSC approvals and decisions made regarding submittals and notifications will be communicated to Proponent in writing by DTSC's Branch Chief or their designee. No informal advice, guidance, suggestions, or comments by DTSC regarding reports, plans, specifications, schedules, or any other writings by the Proponent shall be construed to relieve Proponent of the obligation to obtain such written approvals. 17. Pavment. 17.1 Proponent is required to pay (a) all costs incurred by DTSC in association with preparation of this Agreement, and for oversight activities, including review of documents, conducted prior to the effective date of this Agreement; and (b) all costs incurred by DTSC in providing oversight pursuant to this Agreement, including review of the documents and activities described in Exhibit C, associated documents, and oversight of field activities. Costs incurred include interest on unpaid amounts that are billed and outstanding more than 60 days from the date of the invoice. 17.2 An estimate of DTSC's oversight costs is attached as Exhibit D. lt is understood by the parties that Exhibit D is an estimate and cannot be relied upon as the final cost figure. DTSC may provide an adjusted cost estimate as the work progresses. Prior to adjusting the cost estimate, DTSC will provide Proponent with a written notice and a detailed explanation of the change to the cost estimate. DTSC will bill Proponent quarterly. Proponent agrees to make payment within 30 days of receipt of DTSC's billing. Such billings will reflect any amounts that have been advanced to DTSC by Proponent. 5 Standard Voluntary Agreement Model January 23,2024 ATTACHMENT E ln anticipation of oversight activities to be conducted, Proponent shall make an advance payment of $27 ,026 to DTSC no later than 10 days after this Agreement is fully executed. lt is expressly understood and agreed that DTSC's receipt of the entire advance payment as provided in this paragraph is a condition precedent to DTSC's obligation to provide oversight and review of or comment on documents. DTSC will draw-down from the advance payment, which will be documented in DTSC's invoice. When the advance payment is depleted, DTSC will continue to request payment through the invoice process. 17.3 All payments made by Proponent pursuant to this Agreement shall be by check payable to the "Department of Toxic Substances Control" and bearing on its face the project code for the Site (Site # 102554-11) and the docket number HSA-FY23124-132 of this Agreement. Upon request by Proponent, DTSC may accept payments made by credit cards or electronic funds transfer. Payments by check shall be sent to: Accounting Office Department of Toxic Substances Control P.O. Box 806 Sacramento, California 9581 2-0806 A photocopy of the check shall be sent concurrently to DTSC's Project Manager. 17.4 DTSC shall retain all cost records associated with the work performed under this Agreement as may be required by state law. DTSC will make all documents that support DTSC's cost determination available for inspection upon request in accordance with the California Public Records Act, Government Code section 7920 et seq. 17.5 ln addition to direct costs incurred by DTSC, DTSC also bills its indirect costs associated with direct staff costs. Such indirect costs are only applied to DTSC direct labor costs and not to DTSC contractor costs or DTSC staff travel costs. DTSC calculates separate indirect cost rates (salary/benefits and general operating costs) for each of its major programs (Site Mitigation and Restoration, Hazardous Waste Management, and Safer Products and Workplaces Programs). Because the ratio of direct to indirect costs varies among DTSC's various programs, the indirect cost rates associated with those programs will also vary. Pursuant to Health and Safety Code section 25269.4, DTSC calculates and updates its indirect cost rates every six months. These indirect rates are reflected in the Cost Estimate in Exhibit D. 18. Amendments. This Agreement may be amended in writing by mutual agreement of DTSC and Proponent. Such amendment shall be effective three business days after the date of signature by DTSC's authorized representative after the 6 Standard Voluntary Agreement Model January 23,2024 ATTACHMENT E amendment is first signed by Proponent's authorized representative. The parties may agree to a different effective date. 19. Termination for Convenience. 19.1 Except as othenrvise provided in this paragraph, each party to this Agreement reserves the right to unilaterally terminate this Agreement for any reason. Termination may be accomplished by giving a 30-day advance written notice of the election to terminate this Agreement to the other party ln the event that this Agreement is terminated under this paragraph, Proponent shall be responsible for DTSC's costs through the effective date of termination. 19.2 lf operation and maintenance activities are required for the final remedy, Proponent may not terminate the Agreement under Paragraph 19.1 upon DTSC's approval of an Operation and Maintenance Plan as proposed by Proponent, unless an Operation and Maintenance Agreement is entered into between DTSC and Proponent or between DTSC and a party responsible for the required operation and maintenance activities. 20. Calendar of Tasks and Schedules. The attached Exhibit E (Calendar of Tasks and Schedules) is merely for the convenience of listing in one location the submittals required by this Agreement. The Calendar of Tasks and Schedules lists activities specific to this project based on the available information. DTSC and Proponent shall make a reasonable effort to complete the activity within the schedule outlined in Exhibit E. A schedule for each related activity shall be established as part of this Agreement. lf Proponent is unable to meet the activity's schedule, Proponent will notify DTSC's Project Manager 10 days prior to the scheduled action or submittal date. lf DTSC is unable to meet the activity's schedule, DTSC will notify Proponent 10 days prior to the scheduled action or submittal date. 21. lncorporation of Exhibits, Plans and Reports. All exhibits are incorporated into this Agreement by reference. All plans, schedules, and reports that require DTSC's approval, and are submitted by Proponent pursuant to this Agreement, are incorporated in this Agreement upon DTSC's approval. 22. Reservation of Riqhts DTSC reserves all of its statutory and regulatory powers, authorities, rights, and remedies under applicable laws to protect public health or the environment, including the right to recover its costs incurred therefor. Proponent reserves all of its statutory and regulatory rights, defenses, and remedies available under applicable laws. 7 Standard Voluntary Agreement Model January 23,2024 ATTACHMENT E 23. Non-Admission of Liabilitv By entering into this Agreement, Proponent does not admit to any finding of fact or conclusion of law set forth in this Agreement or any fault or liability under applicable laws. 24. Proponent Liabilities. Nothing in this Agreement shall constitute or be considered a covenant not to sue, or release or satisfaction from liability by DTSC for any condition or claim arising as a result of Proponent's past, current, or future operations or ownership of the Site. 25. Government Liabilities. The State of California or DTSC shall not be liable for any injuries or damages to persons or the Site resulting from acts or omissions by Proponent or by related parties in carrying out activities pursuant to this Agreement, nor shall the State of California or DTSC be held as a party to any contract entered into by Proponent or its agents in carrying out the activities pursuant to this Agreement. 26. Third Party Actions. ln the event that P roponent is a party to any suit or claim for damages or contribution relating to the Site to which DTSC is not a party, Proponent shall notify DTSC in writing within 10 days after service of the complaint in the third-party action. Proponent shall pay all costs incurred by DTSC relating to such third-party actions, including but not limited to responding to subpoenas. 27. California Law. This Agreement shall be governed, performed, and interpreted under the laws of the State of California. 28. Severabilitv. lf any portion of this Agreement is ultimately determined not to be enforceable, that portion will be severed from the Agreement and the severability shall not affect the enforceability of the remaining provisions of the Agreement. 29. Parties Bound. This Agreement applies to and is binding, jointly and severally, upon Proponent and its agents, receivers, trustees, successors and assignees, and upon DTSC and any successor agency that may have responsibility for and jurisdiction over the subject matter of this Agreement. Proponent shall ensure that its contractors, subcontractors and agents receive a copy of this Agreement and comply with this Agreement. 30. Effective Date. The effective date of this Agreement is the date of signature by DTSC's authorized representative after this Agreement is first signed by Proponent's authorized representative. Except as otherurise specified, "days" means calendar days. 31. Representative Authoritv. Each undersigned representative of the party to this Agreement certifies that she or he is fully authorized to enter into the terms and conditions of this Agreement and to execute and legally bind the party to this Agreement. I Standard Voluntary Agreement Model January 23,2024 ATTACHMENT E 32. Counterparts. This Agreement may be executed and delivered in any number of counterparts, each of which when executed and delivered shall be deemed to be an original, but such counterparts shall together constitute one and the same document. This Agreement and documents related to it may be executed and transmitted by facsimile or pdf copy, which copies shall be deemed to be, and utilized in all respects as, an original. However, Proponent must provide the wet-inked signed original of each counterpart to DTSC by mail within 14 calendar days of signing. Date Edward J. Walker, P.E. Branch Chief Site Mitigation and Restoration Program Department of Toxic Substances Control Date Damien Mavis Manager, Covelop Holdings, LLC Manager of Alamo, LLC I Standard Voluntary Agreement Model January 23,2024 Z 7/1/2024 ATTACHMENT E EXHIBIT A: EXHIBIT B: EXHIBIT C: EXHIBIT D: EXHIBIT E: LIST OF EXHIBITS TO THE AGREEMENT SITE LOCATION MAP SITE DIAGRAM SCOPE OF WORK COST ESTIMATE FOR DTSC OVERSIGHT SERVICES CALENDAR OF TASKS AND SCHEDULE 10 Standard Voluntary Agreement Model January 23,2024 ATTACHMENT E fr. lr L n 'qt fr f'l u. rJi i * gr v!t: 3 V$oll i9 ! .i 1.''tt lii1r1 r.1 Ai. 3 EXHIBIT A SITE LOCATION MAP 11 Standard Voluntary Agreement Model January 23,2024 FOR"qEN PG&E SUBSTATON SAN,tI'.tI.S OtsigFO, CAUFORNIA @""g,FIccFrouP Eruiffi.trlel Enghsing",;E.Elfiiing, sd C.il{s'|tuElim )tPFFC0CllrATE tCtlE FIGI.IRE 1 SITE LOCATION MAP FEFEBEJIICE: ?5 rilHLfiE U9,6_A. TOFOCniT,FH|C iiSP OF sail !_l_rE oBrsFo. cAlJFoF[vtA DAIEn| 1965 PHOTOFIFJI$ED: 199+ ATTACHMENT E EXHIBIT BSITE DIAGRAM12Standard Voluntary Agreement Model January 23,2024,. .-....'.4?AC8Cffi,*uttlT flx5il6d(470$:, 6 tJNfls !?l1-&ofoottsstF $uNirs 7t*2€mRod{gl0sf,}i 7UillTS 1aJ6ToTALONTTa FToi'.SE 4' Ui[Sl--l site BoundaryIl!484!_c _Pdf,c xfouffiDi6t STU0IO tJNiTS @ 0.75 SP CEUhiT: {50 SPACESfb' rs:mournr.s4Et0 z5SPADEsuNrr z.fl sPAcEs(/)3€BR@M UNITS € 1.5O SPAC€Sr!illr 1050 SPTCES4ESS {rO UNriS € i $Ac€E urlTsf s & sPAcEsEAR/RGTiTATRA{T (t,so sF c 1 sPAcElO SF}: 19 SPACESM aurLorNGtl&os6 ! *ac!a66Fi 13src€srclM{XGREAUlRlt sa$rcelpffrc PI()UOCO E7 gACta;t3!tIIHEdiFSt: '; goffiSITE PLAN ' FIRST FLOOR PLAN . OPTION 2Modili€d lrorn:6't -t-li-:*t-A2.2lafivlolker Slreelt4.tr€.ir--.Ui-e-i6IIIs.iari-- "- xr.1!ttr,0"-!lGtlrIi*.tI. rl'l4qi rD":x[tFIGURE2Covelop Parcels 1-3San Luls Oblspo, CalifornlaSITE INVESTIGATION PLAN#Fn\lr)nnertalfngrneenr,g,Cfnsrltrnc &R;rnedr€tr)n, lrcA3 l€drd4t W8r, #7, Roddo, CA $t65Ptuur{glq 7eff00 Fil {916)?848750ATTACHMENT E EXHIBIT C SCOPE OF WORK The following tasks may be completed as part of this Agreement TASK 1 Document Review Proponent will submit to DTSC available background information, environmental assessment reports, and any other information pertinent to the hazardous substance management, release, characterization, and/or cleanup of the Site. DTSC may review some or all the information to identify areas and media of concern and to determine the additional work, if any, required to complete the investigation (which includes assessment/evaluation activities not requiring field sampling) and/or remediation of the Site. Proponent may also provide environmental investigation and/or cleanup-related documents for a specific review to determine if actions conducted without DTSC oversight were protective of human health and the environment. The information submitted by Proponent shall be reviewed for conformance with DTSC standards for quality assurance/quality control, investigation, and remediation. Based on DTSC's review, these documents may be considered to be Preliminary Endangerment Assessment equivalent documents. Subsequent to its review, DTSC may issue correspondence to the Proponent describing deficiencies of the environmental investigation or cleanup, indicate a limited concurrence with the findings, or make a different determination based on specific circumstances and documents included in the review. For projects where the scope of work is limited to document review only, a formal scoping meeting may not be required, based on mutual agreement between DTSC and the Proponent. Documents included in this task are: 1. Phase 2 lnvestigation Report of Findings, Covelop Properties, Parcel 1 - 1390 Waker Street, Parcel 2 -280-290 Pismo Street, Parcel 3 -251 Pacific Street San Luis Obispo, California, Environmental Engineering, Consulting & Remediation, lnc., April 5, 2024 TASK 2 Scopinq Meetins Scoping meetinqs are required for all voluntary projects where investigation or cleanup is an anticipated aspect of the scope of work; these are conducted shortly afterthe agreement has been executed, or depending on specific circumstances, may be held during the agreement-negotiation period. During the scoping meeting, potential issues, concerns, opportunities to optimize and expedite the investigation (which includes '13 Standard Voluntary Agreement Model January 23,2024 ATTACHMENT E assessment/evaluation activities not requiring field sampling) and cleanup process, as applicable, and end-points/exit criteria will be discussed. An abbreviated version of the scoping meeting is recommended prior to submittal of work plans, reports and cleanup plans to ensure that both the Proponent and DTSC are moving forward with clear and well-defined expectations. The following elements may be addressed during the Scoping Meeting: a) Site Objectives: current and proposed future land uses and redevelopment plans and timetables, etc. b) Site History: historic operations and land uses, chemical uses, hazardous substance releases, permits, etc. c) Gonceptual Site Model: identification of size, location, geology, lithology, hydrogeology, areas of concern, contaminants of concern, recognized environmental conditions, historic sampling locations and results, data gaps, risk assessments, offsite concerns, etc. d) Scope of Work: scope of work (phases) as specified in the Agreement based on the available information and preliminary document review; may include discussion about the cleanup determination (e.9., "No Further Action") and decision document proposed for the Site, e.9., Preliminary Endangerment Assessment, RemovalAction Work Plan for removal action with costs below $2 million, or RemedialAction Plan for projects exceeding $2 million in capital costs, or proposing innovative technologies, etc. e) Data Quality Objectives and Remedial Action Objectives: discussion of specific Data Quality Objectives to ensure that appropriate data of sufficient quality is collected to facilitate decision-making; discussion of potential cleanup goals and objectives. f) Risk Assessment and Models: evaluation of published screening levels, if available and appropriate, or use of project-specific risk assessments; discuss risk management and risk communication strategies. g) California Environmental Quality Act (CEQA) requirements: identification of projectspecific requirements where applicable, e.g., cultural resources, traffic concerns, ecological resource protection, etc.; identify what DTSC's CEQA role is predicted to be, which documents will be developed, and how to integrate CEQA needs within the overall schedule. h) Public Participation & Tribal Outreach. discussion of community and tribal involvement and public outreach process, methods, translation needs, and schedule. 14 Standard Voluntary Agreement Model January 23,2024 ATTACHMENT E i) Schedule: agreed-upon submittal and review dates and timelines for work plans, fact sheets, reports and other key documents; development of optimal sequencing of activities to efficiently reach project goals. j) Resources. review checklists, quick reference sheets, and templates are available for use by those developing documents for DTSC review and approval. (These tools will be periodically updated and may be made available to Proponents by the DTSC Project Manager.) k) Exit Strategy & Completion of Agreement: proposed future land use, Site acquisition and construction dates, funding limitations or requirements, approval for occupancy, etc. to ensure alignment of Proponent and DTSC goals. l) Site Visit: A visit to the Site will be conducted to verify and confirm current conditions and project discussions; the visit may take place on the same date as the scoping meeting. Subsequent visits may be needed if Site conditions change, if new staff are assigned, or for field oversight. TASK 3 Preliminary Endanqerment Assessment (PEA) Proponent shall conduct a PEA or utilize PEA-equivalent documentation to determine whether a release or threatened release of hazardous substances exists at the Site, which poses a threat to human health or the environment. The PEA shall be conducted in accordance with the most current DTSC guidance manual for evaluating hazardous substance release sites titled,Prel iminarv Endanqerment Assessment Gu idance Manual, State of California, Environmental Protection Aqencv. Department of Toxic Substances Control Specific requirements of the PEA that are not typically required for other types of investigations include the site-specific human health and ecological screening evaluations, public participation requirements, data collection, and scoping activities. Documents are required as part of the PEA are: 3.1 PEA Work Plan. This work plan shall include a sampling plan designed to determine the type and general extent of contamination at the Property; a health and safety plan addressing health and safety issues and safe work practices; and a quality assurance/quality control plan to produce data of known quality. 3.2 PEA Report. This report will document whether a release has occurred, or threatened release exists, the threat the Site poses to human health and the environment, and whether further action is necessary. 3.3 PEA with a Land Use Covenant. lf a land use covenant (LUC) is implemented during the PEA phase as a final remedy, Proponent, under the direction of DTSC, will comply with applicable public notice requirements and requirements to notify the current and adjacent property owners. 15 Standard Voluntary Agreement Model January 23,2024 ATTACHMENT E TASK 4 Supplemental Site lnvestiqation (SSll 4.1 SSI Work Plan. Proponent will submit a work plan that describes the activities proposed to further characterize soil, soil gas, surface water and/or groundwater. The work plan should also include a health and safety plan, quality assurance/quality control plan, sampling plan, and implementation schedule. Proponent will begin implementation of the approved work plan in accordance with the approved implementation schedule. DTSC may provide oversight of work plan implementation. 4.2 SSI Report.Proponent will submit an SSI Report that, at a minimum, presents the data, summarizes the findings of the investigation, validates the data, and includes recommendations and conclusions. TASK 5 Health Risk Assessment Proponent will conduct a risk evaluation consistent with U.S. EPA Risk Assessment Guidance for Superfund and the most current version of the applicable DTSC quidance documents. This evaluation must identify chemicals of concern and potential routes of exposure; characterize the potential risk and/or non-cancer hazard; evaluate potential threats to environmental receptors; consider existing and contemplate uses; and identify cleanup goals. TASK 6 Remedv Selection Document 6.1 RemovalAction Work Plan. lf DTSC determines a removal action is appropriate, Proponent will prepare a Removal Action Work Plan (RAW) in accordance with Health and Safety Code sections 78130,78168, and79195-79240. The RemovalAction Work Plan will include: . A description of the onsite contamination; . The goals to be achieved by the removal action; . An analysis of the alternative options considered and rejected and the basis for that rejection. This should include a discussion for each alternative which covers its effectiveness, implementability and cost; . A description of the recommended alternative (including any required land use covenants, financial assurance, and operation and maintenance plan and ag reement req uirements. ) ; . Administrative record list; . Sampling and Analysis Plan with corresponding Quality Assurance Plan to confirm the effectiveness of the RAW, if applicable; and 16 Standard Voluntary Agreement Model January 23,2024 ATTACHMENT E . Health and Safety Plan describing methods that will be employed during the removal action to ensure the health and safety of workers and the public during the removal action. A detailed community air monitoring plan shall be included if requested by DTSC. 6.2 Remedial Action Plan. lf the proposed removal action does not meet the requirements of Health and Safety Code section sections 79225,79230, and 79235, Proponent will prepare a Remedial Action Plan (RAP) in accordance with Health and Safety Code section 79200 for DTSC review and approval. The RAP summarizes the results of the site characterization, risk evaluation, and feasibility study and sets forth in detail appropriate steps to remedy soil, surface water, and groundwater contamination at the Site and adjacent areas. ln addition, the RAP shall contain a schedule for implementation of all proposed removal and remedial actions. TASK 7 California Environmental Qualitv Act (CEQA) ln order to meet CEQA obligations, DTSC will prepare the necessary CEQA documents lf required, the Proponent shall submit the information necessary for DTSC to prepare these documents. TASK 8 Remedial Desiqn and lmplementation Plan Proponent will either (a) prepare and submit a Remedial Design and lmplementation Plan (RDIP) in accordance with the agreed upon schedule contained in the approved Remedy Selection Document; or (b) depending on the complexity of the proposed removal or remedial action, incorporate the factors typically addressed in a RDIP into the Remedy Selection Document. The factors typically addressed in a RDIP are: a) technical and operational plans and engineering designs for implementation of the approved remedial or removal action alternative(s); b) a schedule for implementing the construction phase; c) a description of the construction equipment to be employed; d) a site specific hazardous waste transportation plan (if necessary); e) any required registration requirements for contractors, transporters, and other persons conducting the removal and remedial activities for the Site; f) post-remedial sampling and monitoring procedures for air, soil, surface water, and groundwater; g) operation and maintenance procedures and schedules; 17 Standard Voluntary Agreement Model January 23,2024 ATTACHMENT E h) a health and safety plan; and i) a community air monitoring plan, if required by DTSC TASK 9 lmplementation of Remedv Upon DTSC approval of the final RAW or RAP and RDIP (if required), the Proponent shall implement the remedy, as approved. TASK 10 Remedial Action Gompletion Report Proponent shall submit a report documenting the implementation of the final RAW or RAP and RDIP and noting any deviations from the approved plan. During implementation of the final RAW or RAP and RDIP, DTSC may specify such additions, modifications and revisions to the RAW or RDIP as deemed necessary to protect human health and safety or the environment or to implement the RAW or RAP TASK 11 Public Participation DTSC requires that specific public enqaqement activities be conducted for projects undergoing a PEA, RAW, or RAP. However, based on the level of community interest, media interest, sensitive land uses, demographics and other factors, as determined by DTSC, public engagement activities may be requested for other project types as well. Proponent will be responsible for all costs associated with the translation and/or interpretation of public participation content required under DTSC's policies, procedures, guidance documents, and state and federal law. The following tasks apply only if a RAW or RAP is being required by DTSC 11.1 Proponent shall conduct appropriate public participation activities given the nature of the community surrounding the Site and the level of community interest, if needed. Proponent shall work cooperatively with DTSC to ensure that the affected and interested public and community are involved in DTSC's decision-making process. Any such public participation activities shall be conducted in accordance with Health and Safety Code section 78930 and DTSC's review and approval. lf conducting a RAP, any such public participation activities shall also be conducted in accordance with Health and Safety Code sections 79210 and 79215. 11.2 A scoping meeting regarding the RAW or RAP will include a discussion on the appropriate activities that will be conducted to address public participation. 18 Standard Voluntary Agreement Model January 23,2024 ATTACHMENT E 11.3 DTSC may conduct an assessment of community interest in the Site, which may include, but will not be limited to, the development of a survey, outreach to local elected and public officials and community members, distribution of the survey through mail and/or social media, analysis of survey results, and community interviews. Results of the survey will be shared with the Proponent and should be included in the community profile. 11.4 Proponent, working collaboratively with DTSC, shall preparc a community profile to examine the level of the community's knowledge of the Site; the types of community concerns; the proximity of the Site to homes and/or schools, day care facilities, churches, etc.; the current and proposed use of the Site; media interest; surrounding land uses; demographic profile and languages; CalEnviroScreen results; information repositories; recommended public engagement activities; and involvement of community groups and elected officials. The community profile may also include a quarter-mile radius mailing list for the Site, a list of applicable elected officials, and any known community members who may have expressed an interest in the Site. 11.5 Proponent, working collaboratively with DTSC, shall develop and submit fact sheets or community updates to DTSC for review and approval when specifically requested by DTSC. Proponent may be responsible for printing and distribution of fact sheets or community updates upon DTSC approval using the approved community mailing list. 11.6 Proponent, as directed by DTSC, shall publish, in a major local newspaper(s), a public notice announcing the availability of the RAWRAP for public review and comment. The public comment period shall last a minimum of 30 days. 1 1.7 DTSC may require that Proponent hold a public meeting to inform the public of the proposed activities and to receive public comments on the RAWRAP. 11.8 After the close of the public comment period, DTSC will prepare a response to the public comments received. lf required, Proponent shall submit the information necessary for DTSC to prepare this document. 11.9 lf appropriate, Proponent will revise the RAWRAP on the basis of comments received from the public and submit the revised RAWRAP to DTSC for review and approval. lf significant or fundamental changes are required, additional public participation activities, including an additional review and comment period, may be required. Proponent will also notify the public of any significant changes from the action proposed in the RAWRAP. 19 Standard Voluntary Agreement Model January 23,2024 ATTACHMENT E TASK 12 Tribal Outreach and Consultation DTSC's assigned Project Manager will coordinate with DTSC's Office of Environmental Equity to ensure compliance with DTSC's Tribal Consultation Policy. This process may include consultation with California tribes to determine whether or not they have an interest in Site activities. TASK 13 Land Use Covenant (LUCI A LUC pursuant to California Code of Regulations, title 22, section 67391.1 may be necessary to ensure full protection of the environment and human health. DTSC may require such a LUC in a DTSC-approved remedy based on a RAW, RAP, PEA, or other decision document. lf Proponent is the owner of the Site, Proponent agrees to record the LUC as approved by DTSC within 10 days of receipt of a fully executed original. lf the Proponent is not the owner of the Site and a LUC is required, Proponent will work with the owner to provide DTSC with written confirmation that the owner will cooperate in implementing the DTSC-approved remedy, which may include a LUC. The Proponent must provide DTSC with the owner's written confirmation prior to the date the draft decision document is to be circulated for public notice and comment. lf the Proponent is unable to provide DTSC with written confirmation from the owner, a LUC may not be executed for the Site and the proposed remedy will be reevaluated. TASK 14 Variance to the Land Use Govenant Proponent shall provide an application to DTSC containing sufficient information for DTSC to grant a variance to the existing LUC. The Proponent shall provide an evaluation of existing data and/or collect and evaluate new data to demonstrate that the variance will not cause, allow, or diminish the ability to mitigate present or future hazards impacting public health or the environment. As determined by DTSC's Office of Legal Counsel, a hearing may be required. TASK 15 Operation and Maintenance (O&M) Proponent shall comply with any and all O&M requirements in accordance with the final RAW, final RAP, or a DTSC-approved RDIP or O&M Plan. lf deemed necessary, DTSC may require Proponent to enter into an O&M Agreement with DTSC. 20 Standard Voluntary Agreement Model January 23,2024 ATTACHMENT E TASK 16 Financial Assurance Proponent shall establish and maintain a financial assurance mechanism pursuant to California Health and Safety Code sections 79310-79330 for DTSC's costs incurred in overseeing these activities prior to implementing any required O&M activities, LUC-related activities, and five-year review activities. Proponent shall demonstrate and maintain one or more of the financial assurance mechanisms set forth in the California Code of Regulations, title 22, section 66265.1a3(a)-(e). TASK 17 Discontinuation of Remedial Technoloqv Any remedial technology employed in implementation of the final RAP/RAW shall be left in place and operated by Proponent until and except to the extent that DTSC authorized Proponent in writing to discontinue, move or modify some or all of the remedial technology because Proponent has met the criteria specified in the final RAWRAP for its discontinuance, or because the modifications would better achieve the goals of the final RAWRAP. TASK 18 Health and Safetv Plan The Proponent will submit a Site Health and Safety Plan in accordance with California Code of Regulations, title 8, section 5192. The Health and Safety Plan shall be submitted before field activities begin. TASK 19 Quality Assurance/Qualitv Control (QA/QC) Plan All sampling and analysis conducted by Proponent under this Agreement shall be performed in accordance with a QA/QC Plan submitted by Proponent and approved by DTSC. The QA/QC Plan will describe: a) The procedures for the collection, identification, preservation and transport of samples; b) The calibration and maintenance of instruments; c) The processing, verification, storage and reporting of data, including chain of custody procedures and identification of qualified person(s) conducting the sampling and of a laboratory certified or approved by DTSC pursuant to Health and Safety Code section 25198; and d) How the data obtained pursuant to this Agreement will be managed and preserved in accordance with the Preservation of Documentation section of this Agreement. 21 Standard Voluntary Agreement Model January 23,2024 ATTACHMENT E EXHIBIT DCOST ESTIMATEDTSC has provided an estimate of the anticipated oversight costs for approximately one year of oversight activities. ln theevent that DTSC determines that further action is needed, additional tasks may be requested.COST ESTIMATE WORKSHEETType of Agreement: Standard Voluntary AgreementDate:0611912024Site Name: AlamoSite Code: 102554-11Project AssistantsOfFceTeduichn(Typrns)11114s127s508AssociaEPmSmmAna\Ft11$199$1SSLegalAttomey fV44$419$1 676PublicParticipationPPSIs19S$1 5S2lndustrialHygienistAssalH11s256$256GeologyErEiH*E6eoloSi5tI41240$326s13 {t4t)ToxhologystfTqipbgist812832s301$9.632Supervisionsl6E r2$419s3.352ProjectManagementE62884128125As32t$17,6(}4VCP Coord.sr. Es (speclE1,241DTSC Project TeamCtasific*nn (nersonoelAgreementPreo /NeootiationProect ManaoementReview BackgroundlnformationScooino MeeiinoSupplemental SiteCharacterization- Workplan- lmplernentation- ReoortLUU Vanance Frocess(as needed)Total No. Hours/ClassHoudv RateiClassCost/ClassSubtotalContinoencr/ (10Y6)Grand Total CoslAdvance FavmenlNotes: *The hours inluded as part of the variance process largely are dependent on the scope of work needed br DTSC to make a decision (may include but not limited toadditional investigation, hearing, etc.)22Standard Voluntary Agreement Model January 23,2024ATTACHMENT E EXHIBIT E CALENDAR OF TASKS AND SCHEDULE Activity Schedule Scoping Meeting During Agreement negotiation, or shortly after Agreement execution based on DTSC evaluation of project needs Advance Payment Within 10 days of Agreement execution Submit existing data Within 10 days of Agreement execution, or as requested by DTSC DTSC Completion of Document Review Within 30-45 days of receipt of documents included in review and/or completion of Scoping Meeting Submit investigation work plan Within 30 days of scoping meeting, or as decided during scoping meeting DTSC decision on investigation work plan Within 75 days of date received by DTSCl Submit investigation report Within 45 days of completion of field work2 DTSC decision on investigation report Within 100 days of receipt by DTSC1. May include recommendation for further investigation or cleanup, no further action, or no further action with conditions. Submit draft cleanup plan As directed by DTSC Submit Community Profile Within 30 days of DTSC's request Submit CEQA documentation Concurrent with the cleanup plan 'Note that DTSC approvals in the target timeframes are contingent upon receiving documents that meet industry standards, comply with DTSC's direction, and that responses to DTSC questions and/or comments are received in a timely manner. 2 lf workplan activities are not initiated within six months of the date of DTSC approval, DTSC may require additional investigation, public participation activities, and/or revision to the document. 23 Standard Voluntary Agreement Model January 23,2024 ATTACHMENT E Activity Schedule Public Review/Comment Period, mailing of fact sheet to site mailing list and placement of public notice. Upon DTSC's approval of cleanup plan for public review and comment. DTSC decision on cleanup plan DTSC to approve cleanup plan, if appropriate, after addressing public comments, within -150 days of receipt of draft1. lmplement cleanup Within 90 days of DTSC approval of cleanup plan, or as directed by DTSC in conjunction with Proponent3 Submit cleanup completion report Within 90 days from the date of implementation of cleanup plan DTSC decision on cleanup completion report Within 100 days of received by DTSC1. May include recommendation for no further action, or no further action with conditions. Submit Operation and Maintenance Plan As directed by DTSC Operations and Maintenance Agreement As directed by DTSC Land Use Covenant As directed by DTSC lnvoices DTSC issues quarterly Cost estimate and Scope of Work Updates and Amendments DTSC updates the scope and cost estimate annually, or as needed, based on work needed to complete the Agreement. Amendments are issued on an as-need basis. l Note that DTSC approvals in the target timeframes are contingent upon receiving documents that meet industry standards, comply with DTSC's direction, and that responses to DTSC questions and/or comments are received in a timely manner. 3lf cleanup plan activities are not initiated within one year of the date of DTSC approval, DTSC may require additional investigation, public participation activities, or revision to the document. 24 Standard Voluntary Agreement Model January 23,2024 ATTACHMENT E Department of Toxic Substances Control EnviroStor Electronic Submittal of Information (ESI) 1/17/2012 i ENVIROSTOR ELECTRONIC SUBMITTAL OF INFORMATION (ESI) INITIAL SETUP GUIDE Responsible Party/Project Proponent………………………………………………..1 Designating an Authorized Agent for a Responsible Party/Project Proponent…..7 Authorized Agent……………………………………………………………………… 8 Consultant/Contractor, Laboratory………………………………………………….16 Creating Multiple ESI Accounts…………………………………………………..…22 ATTACHMENT E Department of Toxic Substances Control EnviroStor Electronic Submittal of Information (ESI) 1 Responsible Person/Project Proponent (RP/PP) – The Department of Toxic Substances Control (DTSC) will send a letter via US Mail to the Responsible Person/Project Proponent (RP/PP) informing them to initiate the process of Electronic Submittal of Information (ESI) for their site/facility by creating a RP/PP user account. From their user account, the RP/PP can submit electronic compliance reports and data to DTSC through EnviroStor and approve or deny contractor, consultant or laboratory user requests for electronic access to the RP/PP’s site/facility. NOTE: If the RP/PP does not want to create an EnviroStor account but would like to designate another person to initiate the process of ESI for their site/facility, please see the section titled “Designating an Authorized Agent” on page 7 of this document. Responsible Persons/Project Proponents can request an ESI account by completing the following steps: Step 1 - Access the EnviroStor ESI login screen. https://www.envirostor.dtsc.ca.gov/esi/login.asp Step 2 - Click on the link next to “New to EnviroStor? Forgot your password?” Step 3 - Enter your email address. Enter the two security words displayed on the screen. If you are unable to read the two words and would like a new set of words, click on the “refresh” Icon . Click “Continue.” ATTACHMENT E Department of Toxic Substances Control EnviroStor Electronic Submittal of Information (ESI) 2 Step 4 - If your email address does not match an existing ESI account, click on “Password Request Form” to create an account. Note: If you are certain that you have already created an account, click on the "site administrator" link to send an email to the EnviroStor Help Desk for assistance. (envirostor@dtsc.ca.gov) Step 5 - The form to create your username and password will be pre-filled with your contact information that the DTSC Project Manager entered into EnviroStor. If your contact information is missing or incorrect please contact your DTSC Project Manager to update your information. Enter a username and password. (Click on the “Requirements” link to view the password restrictions.) Enter the two security words displayed on the screen. If you are unable to read the two words and would like a new set of words, click on the “refresh” Icon . Click “Continue.” Step 7 – The email verification will include a link and instructions on how to verify your ESI account. You must verify your ESI account using the link in the email, before you can log into EnviroStor. Step 6 – A verification email will be sent to the email address that you used to create your ESI account. ATTACHMENT E Department of Toxic Substances Control EnviroStor Electronic Submittal of Information (ESI) 3 Step 9 – You will immediately be logged into the secure ESI site. Sites/facilities with documents due will be shown. A site/facility will be associated to your account if the DTSC Project Manager has identified you in EnviroStor as the Responsible Party/ Project Proponent. Step 10 – To view a list of your sites/facilities click on “Associated Sites/Facs” under “FACILITY MANAGEMENT”. If you see a site/facility that is not yours or if your site/ facility is missing from this list, please contact your DTSC Project Manager or the EnviroStor Help Desk. (envirostor@dtsc.ca.gov) Step 8 – When you click on the link in the verification email, as instructed in the previous step, you will see a message on the EnviroStor login screen that your account has been verified. In order for your sites/facilities to be available to receive reports and data, you must “Activate” your ESI account by logging into ESI. Enter the username and password that you used to create your ESI account then click on “Login to ESI.” Now that you have “verified” your account, you must “activate” your account by logging into ESI. Enter the username and password that you used to create your ESI account then click on “Login to ESI.” ATTACHMENT E Department of Toxic Substances Control EnviroStor Electronic Submittal of Information (ESI) 4 Step 11 – As the RP/PP, you can grant Consultant, Contractor and Laboratory 3rd Party access to the sites/facilities associated to your ESI account. Click on "Pending Requests" under "3rd PARTY REQUESTS" to see a list of requests for access to your sites/facilities that are pending your approval. Step 12 – Check the box next to the sites/facilities you wish to approve/deny access to then click "Approve Checked Sites/Facilities" to approve the request(s) or click "Deny Checked Sites/Facilities" to deny access. You can view the contact information of the requestor by clicking on the User name. Step 13 – EnviroStor ESI allows you to submit PDF reports and analytical data to DTSC. Click on "Upload EDD” to access the links that allow you to upload reports and data. ATTACHMENT E Department of Toxic Substances Control EnviroStor Electronic Submittal of Information (ESI) 5 Step 15 – A list of sites/ facilities with documents due will be shown on this screen. Click on the name of the site/facility to go to the upload screen. Note: If the site/facility you are uploading to does not have documents due it will not be shown, but if you click on the check mark in the “Only Include Projects with Documents Due” box at the top right of the screen, the check mark will be removed and all of your site/facilities will be shown. Step 16 – Clicking on “GEO_REPORT UPLOAD INSTRUCTIONS” will provide information on how to format the file(s) that you upload to EnviroStor. In the “Report Type” field select the report that you are uploading to by clicking on the drop-down arrow. The list of reports due will be shown in red font. After you successfully upload a document for a report, the report name will then be shown in black font. If you do not know which report to select or do not see the report on the list you can select “Non- Scheduled Activity”. Step 14 – Click on “GEO REPORT” to view a list of sites/facilities that have PDF documents due. For information on the other types of data that can be uploaded to EnviroStor please see EnviroStor Electronic Submittal of Information (ESI) Format Requirements on the ESI web site located at http://www.envirostor.dtsc.ca.gov/p ublic/esi.asp. ATTACHMENT E Department of Toxic Substances Control EnviroStor Electronic Submittal of Information (ESI) 6 Step 18 – Once the upload is successfully submitted, you will see a confirmation page. This confirmation will be permanently saved in your ESI account for future reference. The confirmation number on this page will uniquely identify the submittal. You can also write this confirmation number and the submittal date on the hard copy report that you will send to your DTSC Project Manager. Step 19 – All uploaded submittals are permanently saved in your ESI account and can be viewed by clicking on “By Site/Facility” under “VIEW SUBMITTALS”. Step 17 – Enter a title in the “Upload Title" field. Click on "Browse" and select the file you wish to upload and type a description of the file. If you have multiple files to upload for the same report type, click on the “browse” button to select additional files to upload. Click on "Upload File" to upload the file(s). ATTACHMENT E Department of Toxic Substances Control EnviroStor Electronic Submittal of Information (ESI) 7 Designating an Authorized Agent for a Responsible Party/Project Proponent A RP/PP can delegate their role of RP/PP in EnviroStor to an Authorized Agent by completing a “Designation of Authorized Agent for Electronic Submittal of Information to EnviroStor (Authorized Agent)” form DTSC 1469 (12/8/11). This form can be found on our web site at http://www.envirostor.dtsc.ca.gov/public/esi.asp under the heading “Getting Started”. The Authorized Agent account in EnviroStor will allow the user to submit electronic compliance reports and analytical data into EnviroStor and to approve or deny contractor, consultant or laboratory requests for electronic access to upload compliance reports and data to your site/facility. An Authorized Agent will need to create an ESI account and the RP/PP or Authorized Agent must fax, mail or email a signed Authorized Agent form DTSC 1469 (12/08/11) to DTSC. DTSC will then approve access to the designated Authorized Agent for the site/facility listed on the authorization form. RP/PP’s may revoke the Authorized Agent’s authority by signing and faxing a “Revocation of Authorized Agent for Electronic Submittal of Information to EnviroStor” form DTSC 1470 (12/08/11) to DTSC. This form can be found on the ESI web site at http://www.envirostor.dtsc.ca.gov/public/esi.asp under the heading “Getting Started”. NOTE: An Authorized Agent form does not need to be submitted to DTSC for a consultant or contractor unless you want to give them the ability to approve access to other consultants, contractors or laboratories to upload compliance reports and data to your site/facility. Your authorized agent can access the ESI web site at http://www.envirostor.dtsc.ca.gov/public/esi.asp and click on the link “Authorized Agent” under the heading “Getting Started “ for instructions on how to create an ESI account. Step 21 – Click on a title to view the uploaded submittal. NOTE: All users that have electronic access to the site/ facility in EnviroStor will have the ability to view all documents submitted to DTSC. Step 20 – Click on the name of the site/facility to view a list of submittals that have been uploaded for the selected site/ facility. ATTACHMENT E Department of Toxic Substances Control EnviroStor Electronic Submittal of Information (ESI) 8 Authorized Agents can request an ESI account by completing the following steps: Step 1 - Access the EnviroStor ESI login screen. https://www.envirostor.dtsc.ca.gov/esi/login.asp Step 2 – Click on the link next to “New to EnviroStor? Forgot your password?” Step 3 - Enter your email address. Enter the two security words displayed on the screen. If you are unable to read the two words and would like a new set of words click on the “refresh” Icon . Click “Continue.” Step 4 - If your email address does not match an existing ESI account, click on “Password Request Form” to create an account. Note: If you are certain that you have a user account, click on the "site administrator" link to send an email to the EnviroStor Help Desk. (envirostor@dtsc.ca.gov) ATTACHMENT E Department of Toxic Substances Control EnviroStor Electronic Submittal of Information (ESI) 9 Step 5 - Enter a username and password. (Click on the “Requirements” link to view the password restrictions.) You will use this username and password to log into your ESI account. Select “Authorized Agent” from the “User Type” drop-down. Enter your name and contact information in the boxes on the form. Enter the two security words displayed on the screen. If you are unable to read the two words and would like a new set of words, click on the “refresh” Icon . Click “Continue.” Step 7 – The email verification will include a link and instructions on how to verify your ESI account. You must verify your ESI account by clicking on the link in the email before you can log into EnviroStor. Step 6 – A verification email will be sent to the email address that you used to create your ESI account. ATTACHMENT E Department of Toxic Substances Control EnviroStor Electronic Submittal of Information (ESI) 10 Step 8 – When you click on the link in the verification email, as instructed in the previous step, you will see a message on the EnviroStor login screen that your account has been verified. Now that you have “verified” your account, you must “activate” your account by logging into ESI. Enter the username and password that you used to create your ESI account then click on “Login to ESI.” Step 9 – You will immediately be logged into the secure ESI site. You will not have access to any sites/facilities until DTSC receives a signed Authorized Agent form from the RP/PP. (See page 7 of this document for information on the Authorized Agent form.) Step 10 – After DTSC receives the completed and signed authorized agent form, DTSC will approve your access to the site/facility identified on the authorization form. You will be notified by email when the site/facility has been added to your EnviroStor account. You can then log into your ESI account, click on “Associated Sites/Facs” under “FACILITY MANAGEMENT” to view the list of sites/facilities that are associated to your ESI account. ATTACHMENT E Department of Toxic Substances Control EnviroStor Electronic Submittal of Information (ESI) 11 Step 11 – As the Authorized Agent for the RP/PP, you can grant Consultant, Contractor and Laboratory 3rd Party access to the sites/facilities associated to your ESI account. Click on “Pending Requests” under “3rd PARTY REQUESTS” to see a list of requests for access to your sites/facilities that are pending your approval. Step 12 – Check the box next to the sites/facilities you wish to approve/deny access to then click "Approve Checked Sites/Facilities" to approve the request(s) or click "Deny Checked Sites/Facilities" to deny access. You can view the contact information of the requestor by clicking on the User name. Step 13 – EnviroStor ESI allows you to submit PDF reports and analytical data to DTSC. Click on “Upload EDD’” to access the links that allow you to upload reports and data. ATTACHMENT E Department of Toxic Substances Control EnviroStor Electronic Submittal of Information (ESI) 12 Step 14 – Click on "GEO REPORT" to view a list of sites/facilities that have PDF documents due. For information on the other types of data that can be uploaded to EnviroStor please see the EnviroStor Electronic Submittal of Information (ESI) Format Requirements on the ESI web site. http://www.envirostor.dtsc.ca.gov/ public/esi.asp. Step 15 – A list of sites/ facilities with documents due will be shown on the screen. Click on the name of the site/facility to go to the upload screen. Note: If the site/facility you are uploading to does not have documents due it will not be shown, but if you click on the check mark in the “Only Include Projects with Documents Due” box at the top right of the screen, the check mark will be removed and all of your site/facilities will be shown. Step 16 – Clicking on “GEO_REPORT UPLOAD INSTRUCTIONS” will provide information on how to format the file(s) that you upload to EnviroStor. In the “Report Type” field select the report that you are uploading to by clicking on the drop-down arrow. The list of reports due will be shown in red font. After you successfully upload a document for a report, the report name will then be shown in black font. If you do not know which report to select or do not see the report on the list you can select “Non- Scheduled Activity”. ATTACHMENT E Department of Toxic Substances Control EnviroStor Electronic Submittal of Information (ESI) 13 Step 17 – Enter a title in the “Upload Title" field. Click on "Browse" and select the file you wish to upload and type a description of the file. If you have multiple files to upload for the same report type, click on the “browse” button to select additional files to upload. Click on "Upload File" to upload the file(s). Step 18 – Once the upload is successfully submitted, you will see a confirmation page. This confirmation will be permanently saved in your ESI account for future reference. The confirmation number on this page will uniquely identify the submittal. You can also write this confirmation number and the submittal date on the hard copy report that you will send to your DTSC Project Manager. Step 19 – All uploaded submittals are permanently saved in your ESI account and can be viewed by clicking on “By Site/Facility” under “VIEW SUBMITTALS”. ATTACHMENT E Department of Toxic Substances Control EnviroStor Electronic Submittal of Information (ESI) 14 Step 20 – Click on the name of the site/facility to view a list of submittals that have been uploaded for the selected site/facility. Step 21 – Click on a title to view the uploaded submittal. Note: All users that have electronic access to the site/facility in EnviroStor will have the ability to view all documents submitted to DTSC. ATTACHMENT E Department of Toxic Substances Control EnviroStor Electronic Submittal of Information (ESI) 15 Consultants, Contractors and Laboratories can request an ESI account by completing the following steps: Step 1 - Access the EnviroStor ESI login screen. https://www.envirostor.dtsc.ca.gov/esi/login.asp Step 2 - Click on the link next to “New to EnviroStor? Forgot your password?” Step 3 - Enter your email address. Enter the two security words displayed on the screen. If you are unable to read the two words and would like a new set of words click on the “refresh” Icon . Click “Continue.” Step 4 - If your email address does not match an existing ESI account, click on “Password Request Form” to create an account. If you are certain that you have a user account, click on "site administrator" to send an email to EnviroStor Help Desk. (envirostor@dtsc.ca.gov) ATTACHMENT E Department of Toxic Substances Control EnviroStor Electronic Submittal of Information (ESI) 16 Step 5 – Enter a username and password. (Click on the “Requirements” link to view the password restrictions.) You will use this username and password to log into your ESI account. If you are a Consultant/Contractor select “Contractor/Government Contractor” from the “User Type” drop-down. If you are a laboratory, select “Laboratory” from the “User Type” drop-down. Enter your name and contact information in the boxes on the form. Enter the two security words displayed on the screen. If you are unable to read the two words and would like a new set of words, click on the “refresh” Icon . Click “Continue.” Step 6 – A verification email will be sent to the email address that you used to create your ESI account. Step 7 – The email verification will include a link and instructions on how to verify your ESI account. You must verify your ESI account by clicking on the link in the email before you can log into EnviroStor. ATTACHMENT E Department of Toxic Substances Control EnviroStor Electronic Submittal of Information (ESI) 17 Step 8 – When you click on the link in the verification email, as instructed in the previous step, you will see the message on the EnviroStor login screen that your account has been verified. Now that you have “verified” your account, you must “activate” your account by logging into ESI. Enter the username and password that you used to create your ESI account then click on “Login to ESI.” Step 9 – You will immediately be logged into the secure ESI site. Initially, your account will not be associated with any sites/facilities. To request access to a site/facility, click on "Request Additional Sites/ Facs" under “FACILITY MANAGEMENT.” ATTACHMENT E Department of Toxic Substances Control EnviroStor Electronic Submittal of Information (ESI) 18 Step 10 - Use the filters to find the sites/facilities you wish to request access to. Check the boxes next to the sites/facilities you want to request and then click "Request Checked Sites/ Facilities". A site/facility will not be shown in this list until the RP/PP or Authorized Agent has created an ESI account for the site/facility. Step 11 – Click on “Pending Sites/Facs" to view your pending requests for access. Your request for access will be shown in the RP/PP or Authorized Agent ESI account for their approval. You may wish to contact your RP/PP or Authorized Agent (client) and ask them to log into EnviroStor and approve your request for access. Step 12 – Once your request for access has been approved by the RP/PP or Authorized Agent it will be “Associated” to your account. You will then be able to upload reports and data to the site/facility. To view a list of site/facilities associated to your ESI account, click on “Associated Sites / Facs". ATTACHMENT E Department of Toxic Substances Control EnviroStor Electronic Submittal of Information (ESI) 19 Step 14 – Click on “GEO REPORT” to view a list of sites/facilities that have PDF documents due. For information on the other types of data that can be uploaded to EnviroStor please see EnviroStor Electronic Submittal of Information (ESI) Format Requirements on the ESI web site located at http://www.envirostor.dtsc.ca. gov/public/esi.asp. Step 15 – A list of sites/ facilities with documents due will be shown. Click on the name of the site/ facility to go to the upload screen. Note: If the site/facility you are uploading to does not have documents due it will not be shown, but if you click on the check mark in the “Only Include Projects with Documents Due” box at the top right of the screen, the check mark will be removed and all of your site/facilities will be shown. Step 13 – EnviroStor ESI allows you to submit PDF reports and analytical data to DTSC. Click on “Upload EDD” to access the links that allow you to upload reports and data. ATTACHMENT E Department of Toxic Substances Control EnviroStor Electronic Submittal of Information (ESI) 20 Step 16 – Clicking on “GEO_REPORT UPLOAD INSTRUCTIONS” will provide information on how to format the file(s) that you upload to EnviroStor. In the “Report Type” field select the report that you are uploading to by clicking on the drop-down arrow. The list of reports due will be shown in red font. After you successfully upload a document for a report, the report name will then be shown in black font. If you do not know which report to select or do not see the report on the list you can select “Non- Scheduled Activity”. Step 17 – Enter a title in the “Upload Title" field. Click on "Browse" and select the file you wish to upload and type a description of the file. If you have multiple files to upload for the same report type, click on the “browse” button to select additional files to upload. Click on "Upload File" to upload the file(s). Step 18 – Once the upload is successfully submitted, you will see a confirmation page. This confirmation will be permanently saved in your ESI account for future reference. The confirmation number on this page will uniquely identify the submittal. You can also write this confirmation number and the submittal date on the hard copy report that you will send to your DTSC Project Manager. ATTACHMENT E Department of Toxic Substances Control EnviroStor Electronic Submittal of Information (ESI) 21 Step 19 – All uploaded submittals are permanently saved in your ESI account and can be viewed by clicking on “By Site/Facility” under “VIEW SUBMITTALS”. Step 20 – Click on the name of the site/facility to view a list of submittals that have been uploaded for the selected site/facility. Step 21 – Click on a title to view the uploaded submittal. Note: All users that have electronic access to the site/facility in EnviroStor will have the ability to view all documents submitted to DTSC. ATTACHMENT E Department of Toxic Substances Control EnviroStor Electronic Submittal of Information (ESI) 22 Creating Multiple ESI Accounts There are four types of ESI user accounts: Responsible Party/Project Proponent; Authorized Agent; Contractor/Government Contractor; and Laboratory. Although most ESI users will only need one type of ESI account, ESI does allow a user to create more than one type of ESI account using the same email address. If an ESI user creates more than one type of ESI account, the ESI user will log into ESI by entering their username and password and then they will have the option to select which account they would like to access. NOTE: Only one “User Type” will be granted electronic access to each site/facility that you have been approved to access. For instance, if you are a Consultant/Contractor hired by a Responsible Party/Project Proponent (RP/PP) or hired by a Government entity on some sites/facilities and you have also been approved by a RP/PP to be their Authorized Agent on other sites/facilities, you can create one account as “User Type” Contractor/Government Contractor and create one account as “User Type” Authorized Agent. The Contractor/Government Contrac tor ESI account would only have electronic access to the site/facility as a “Contractor” and the Authorized Agent ESI account would only have electronic access to the site/facility approved by the RP/PP as an “Authorized Agent.” NOTE: You must first complete the process to create and activate one ESI account before you will have the option to create another account. To create multiple ESI accounts complete the following steps: Step 1 – Create your first ESI account by following the instructions for your “User Type” as follows: Responsible Persons/Project Proponents complete steps 1 through 8 beginning on page 1 Authorized Agents complete steps 1 through 8 beginning on page 8 Consultants/Contractors and Laboratories complete steps 1 through 8 beginning on page 15 Step 2 – Once you have successfully verified your first ESI account, you can create another ESI account by clicking on the link next to “New to EnviroStor? Forgot your password?” You can also create a second account by going directly to the ESI login screen at https://www.envirostor.dtsc.ca.gov/esi/login.asp then click on the link next to “New to EnviroStor? Forgot your password?” ATTACHMENT E Department of Toxic Substances Control EnviroStor Electronic Submittal of Information (ESI) 23 Step 3 – Enter the same email address that you used to create your first ESI account. Enter the two security words displayed on the screen. If you are unable to read the two words and would like a new set of words click on the “refresh Icon . Click “Continue.” Step 4 – Since an ESI account already exists for your email address, you can now create another ESI account by clicking on the drop-down arrow and selecting the “User Type” for your second ESI account, then click on “Create Account.” Step 5 – A new account is created and a verification email is sent to the email address that you used to create your account. ATTACHMENT E Department of Toxic Substances Control EnviroStor Electronic Submittal of Information (ESI) 24 For additional information on how to setup your ESI account or how to upload documents, click on one of the following links for your “User Type”: Responsible Persons/Project Proponents begin with Step 9 on page 3 Authorized Agents complete begin with Step 9 on page 10 Consultants/Contractors and Laboratories begin with Step 9 on page 17 Step 7 – When you click on the link in the verification email, as instructed in the previous step, you will see the message on the EnviroStor login screen that your account has been verified. Now that you have “verified” your account, you must “activate” your account by logging into ESI. Enter the username and password that you used to create your ESI account then click on “Login to ESI.” Step 8 – Click on the link for the account that you want to access. Step 6 – The email verification will include a link and instructions on how to verify your ESI account. You must verify your ESI account using the link in the email before you can log into EnviroStor. ATTACHMENT E DTSC’s Loans & Grants Quick Reference Guide The Department of Toxic Substances Control (DTSC) offers loans and grants to assist with addressing environmental investigations and cleanups at properties throughout California. DTSC's goal with these funding resources is to empower communities and other stakeholders to work together in a timely manner to facilitate the return of blighted and underutilized properties to safe and productive uses. Grants Equitable Community Revitalization Grant (ECRG) DTSC’s Office of Brownfields Equitable Community Revitalization Grant (ECRG) will provide about $200+ million in grants through a competitive process for: community-wide assessments, environmental cleanups, and environmental investigations. Targeted Site Investigation (TSI) Program Under the TSI Program, DTSC selects sites to receive environmental services through a competitive application process. The TSI focuses on brownfield sites where redevelopment or reuse is being considered. The DTSC TSI Program is funded by the US EPA through a CERCLA 128(a) State and Trial Response Program Grant. For the selected properties, DTSC provides assessment, investigation, or cleanup planning services at no cost to the applicant. Brownfields Revolving Loan Fund (RLF) The RLF provides US EPA-funded grants up to $350,000 for brownfields sites where redevelopment or reuse is planned. Under this program, local government agencies, nonprofit organizations, and tribes who are not considered to be responsible parties could be eligible for a grant to help with the cost of implementing a hazardous substance or petroleum cleanup. Loans Revolving Loan Fund (RLF) Through the RLF, DTSC provides below-market, low interest loans for cleanup of a hazardous substance or petroleum site where redevelopment or reuse is planned. Eligible borrowers include local agencies and municipalities, nonprofit organizations, tribes, and private entities who are not considered to be responsible parties. Cleanup Loans and Environmental Assistance to Neighborhoods (CLEAN) Program Provides low-interest loans of up to $2.5 million for the cleanup of hazardous materials where redevelopment of abandoned and underutilized urban properties is likely to have a beneficial impact on the property values, economic viability, and quality of life of a community. Investigating Site Cleanup Program (ISCP) Provides low-interest loans of up to $100,000 to conduct preliminary endangerment assessments of underutilized urban properties. If redevelopment of property is determined not economically feasible, up to 75 percent of the loan amount may be waived. Other Funding Support DTSC holds webinars/workshops with other agencies to share information on different state and federal funding sources. Additionally, DTSC supports parties pursuing US Environmental Protection Agency (US EPA) brownfields grant by writing letters of acknowledgement which are a required aspect of the application process. DTSC also helps U.S. EPA grant applicants and recipients access federal brownfields funding by determining eligibility of petroleum-contaminated brownfields sites, under CERCLA section 101(39)(D). For more information of technical aspects of this funding, contact: Maryam.Tasnif-Abbasi@dtsc.ca.gov For more information of financial aspects of this funding, contact: Jennifer.Black@dtsc.ca.gov ATTACHMENT E Which Funding Options Apply to my Brownfield? Target Site Investigation (TSI) Revolving Loan Fund (RLF) Equitable Community Revitalization Grant (ECRG) Assessment, investigation or cleanup planning services at no cost to the applicant for sites with: Strong redevelopment potential real or perceived contamination Clear need and municipal/community support for the property's revitalization Redevelopment/reuse agencies, tribal governments, school districts and non profit organizations are eligible Annual competitive applicaion Must not be a Responsible Party Must own the property Local government agencies, nonprofit organizations or tribal governments are eligible Must have redevelopment plans Must have cleanup plan approved by a regulatory agency Maximum allowable grant:: $200,000 per site Applications accepted continuously Must not be a Responsible Party Must have access to apply Local government agencies, nonprofit organizations or tribal governments are eligible  Find more information at the ECRG website GRANTS Revolving Loan Fund (RLF) Must not be a Responsible Party Must have access to the property Government and private entities are eligible Must have redevelopment plans Must have cleanup plan approved by a regulatory agency Applications accepted continuously LOANSMust have cleanup plan approved by a regulatory agencyCleanup Loans & Up to $2.5 million per siteEnvironmental Up to $100,000 per site for assessmentAssistance to Must have redevelopment plans and cost estimateNeighborhoods Applications accepted continuously(CLEAN) Investigating Site Up to $100,000 per site for assessmentContamination Must have Phase 1 Assessment within 3 yearsProgram Applications accepted continously(ISCP) For more information of technical aspects of this funding, contact: Maryam.Tasnif-Abbasi@dtsc.ca.gov For more information of financial aspects of this funding, contact: Jennifer.Black@dtsc.ca.gov ATTACHMENT E