Skip to code content (skip section selection)
Unless Section 22A.9 is applicable, if a soil and/or groundwater sampling and analysis report indicates that hazardous substances are present in the soil or hazardous substances in groundwater exceed the Department of Toxic Substances Control's or Regional Water Quality Control Board's public health risk levels given the intended use, the applicant shall:
(a) Prepare a site mitigation plan that contains the following information:
(1) A determination by the Qualified Person as to whether the hazardous substances in the soil and/or groundwater are causing, or are likely to cause, significant health and safety risks given the intended use. The Director may require additional soil and/or groundwater sampling and analysis before such a determination can be made.
(2) If a determination of a significant health and safety risk is made under subsection (a)(1), a recommendation by the Qualified Person of measures that will assure that the intended use will not result in public health or safety hazards in excess of the acceptable public health risk levels established by the Department of Toxic Substances Control or the Regional Water Quality Control Board, or other applicable regulatory standards and, therefore, will mitigate the significant health and safety risks caused or likely to be caused by the presence of the hazardous substances in the soil and/or groundwater given the intended use. If the report recommends mitigation measures it shall identify any soil and/or groundwater sampling and analysis that it recommends the project applicant conduct following completion of the mitigation measures to verify that mitigation is complete;
(3) A statement signed by the person who prepared the report certifying that the person is a Qualified Person and that in his or her judgment either not mitigation is required or the mitigation measures identified, if completed, will mitigate the significant health and safety risks caused by or likely to be caused by the hazardous substances in the soil and/or ground water given the intended use;
(b) Complete the site mitigation measures identified by the Qualified Person in the site mitigation report;
(c) Complete the certification required by Section 22A.11; and,
(d) Complete and record a deed restriction approved by the Director if the Applicant chooses to mitigate public health or safety hazards from hazardous substances through land use or activity restrictions.
(Added as Sec. 1228 by Ord. 35-99, App. 3/12/99; redesignated and amended by Ord. 155-13 , File No. 130369, App. 7/25/2013, Eff. 8/24/2013)