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.
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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.
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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
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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
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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.
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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
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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.
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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.
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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
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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
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ATTACHMENT E
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Standard Voluntary Agreement Model January 23,2024
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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
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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 LOANSMust 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