Local Oversite Program (LOP)
Environmental Health

Since April 1988, the State Water Resources Control Board has contracted with the County of Orange to provide regulatory oversight for cleanup of leaking underground storage tanks (USTs) under the Local Oversight Program (LOP) contract. The program services all the cities and unincorporated areas of Orange County except for the cities of Anaheim, Fullerton and Santa Ana.

The Local Oversight Cleanup Program offers: exceptional response time for the review of submitted reports and plans, 48 hours or less for on-site presence of County oversight staff during assessment and remedial operations, and a convenient central Orange County business office location. Our staff are known for the efficient and timely manner in which their cases are handled. The convenience of local agency oversight can help you avoid delays and achieve time objectives for site closure that can minimize your site cleanup expenses.

LOP staff are responsible for:

LOP staff will evaluate site contaminant data provided by the site investigation and discuss site cleanup goals considered protective of public health. Typically, this risk assessment evaluation includes identification of potential exposure pathways (water, air, and direct contact) and quantitative prediction of exposure levels at human receptors. In general, soil cleanup goals for the protection of groundwater resources are not established. Guidance for groundwater cleanup goals are found in the most recent low-risk guidance documents distributed by the Santa Ana and San Diego Regional Water Quality Control Boards (RWQCBs).

Once Environmental Health determines that site assessment is adequate, a corrective action plan, designed to mitigate the harmful effects of the release, will be requested when necessary. The corrective action plan may be included with the site assessment report; however, where Environmental Health staff does not agree that site assessment is complete or that the corrective action plan adequately addresses the site's remedial requirements, a revised site assessment report or a revised remedial action plan will be requested.

For information regarding submittal of work plans and reports, as well as assessment and remediation requirements for your site, please contact the Specialist assigned to your site as outlined below:

NOTE: The Specialist assigned to your site must be notified at least 48 hours prior to any soil or groundwater sampling activities so that they may be present at the site when such activities are being conducted.

For non-site specific information regarding the program, please contact the Program Manager, Patti Henshaw, at (714) 433-6011 or phenshaw@ochca.com .

Industrial Cleanup (IC) Program

This program oversees the voluntary cleanup of contaminated property. Sections 101480 through 101490 of the Health and Safety Code provide that a Responsible Party (RP) for a release site may request our oversight of a site investigation and any remediation necessary to mitigate the site. Oversight activities include review of required site assessment and remediation work plans, review of required sampling operations, analysis of sampling data, and establishment of site cleanup criteria. The RP can initiate oversight by submitting a written request for oversight. The RP must agree to be assessed an hourly service fee. Effective July 1, 2008, the hourly rate for the Industrial Cleanup Program is $160 and there is a 25% late payment fee for the actual time Environmental Health Division (RS) staff expend in oversight of the release site. Billings are sent quarterly and are due within 30 calendar days of receipt of the invoice.

Once the signed agreement is received, this office is required to notify the State Department of Toxic Substances Control (DTSC) and applicable Regional Water Quality Control Board (RWQCB) to determine if these agencies have regulatory involvement with the site. If no concerns are raised by the State agencies, an Environmental Health Division representative will oversee the remediation of your site. After determining that the RP has completed the site assessment and remedial actions and that a permanent remedy for the release of the waste has been achieved, EHD will provide the RP with a letter describing the remedial actions taken to mitigate the effects of the release to certify that cleanup goals were accomplished.

The RP would undertake the following activities to identify the type and extent of the contamination caused by a released waste, initiate an appropriate remedial action, and confirm that the remedial action has successfully mitigated the harmful effects of the release:

1. Submit a Site Assessment Work Plan:
   The site assessment work plan must include:

• the lateral and vertical extent of contamination
• the depth to groundwater
• soil profile data

The work plan must include:

• release site history
• proposed number and location of soil borings/probes and soil samples
• number and location of proposed groundwater monitoring wells/probes and water samples
• sampling methodology
• laboratory analysis methods
• a health and safety plan where investigation activities could pose a threat to public health.

This work plan can be implemented immediately after concurrence by EHD.

Well permits must be obtained prior to beginning exploratory borings and construction of wells. EHD can assist in the identification of the appropriate agencies. All borings and abandoned wells must be properly sealed. Wells should be secured to prevent unauthorized access. Drilling procedures and well design and construction must be accomplished in a manner that prevents the spread of contamination, and should be developed by an appropriate registered professional (R.G., C.E.G. or equivalent) with expertise in subsurface investigations. Reports that include logs of soil borings or any findings or conclusions relating to the subsurface must be signed by a properly registered professional (R.G., C.E.G. or equivalent).

2. Submit a Site Assessment Report and a Remedial Action Plan:

After completion of the site investigation, a site assessment report must be submitted for review and concurrence. This report outlines the findings of the site assessment.

EHD staff will evaluate site contaminant data provided by the site investigation and provide site cleanup goals considered protective of public health. This risk assessment evaluation includes identification of potential exposure pathways (water, air, food, and direct contact) and quantitative prediction of exposure levels at human receptors. The Responsible Party may want to employ qualified risk assessors to propose alternate cleanup goals based on alternate modeling. EHD staff will consider this information when setting cleanup goals. In general, soil cleanup goals for the protection of groundwater resources are not established. Post remedial groundwater monitoring will determine if the remedial action has been adequate.

Once EHD determines that site assessment is adequate, a remedial action plan, designed to mitigate the harmful effects of the release, will be requested. The remedial action plan may be included with the site assessment report; however, where EHD does not agree that site assessment is complete or that the remedial action plan adequately addresses the site's remedial requirements, a revised site assessment report or a revised remedial action plan will be requested.

Remediation proposals may include:

• No Action:
  It must be demonstrated to the satisfaction of EHD through a risk assessment process that the contamination, if left in place, will not present a potential public health, safety or environmental hazard, or a potential threat to the beneficial use of groundwater.

• Reducing contamination to acceptable levels through in situ remediation:
  Any reasonable in situ remedial action will be considered; however, actions that may spread contamination (e.g., biostimulation, soil flushing, drawdown wells, etc.) may require additional site investigation and safeguards. Required permits must be obtained from appropriate agencies. The South Coast Air Quality Management District and the Department of Toxic Substances Control should be contacted by the Responsible Party to determine if permits are required for treatment of contaminated soil. The local California Regional Water Quality Control Board should be contacted regarding permit requirements for discharging treated or untreated groundwater.

• Reducing contamination to acceptable levels through removal of contaminated soil:
  At the end of excavation operations, sampling of the Release Site must be conducted under this Agency's supervision for the purpose of verifying post remedial contaminant concentrations.

3. Implement Remedial Action and Verify Its Effectiveness:

After review and concurrence by EHD, the remedial action plan can be implemented. Once the remedial action plan has been fully implemented, remediation completion will be determined by site sampling overseen by EHD staff. A post-remedial sampling plan and laboratory analysis plan must be submitted to this office. After plan approval, verification sampling can be initiated. A minimum 48-hour (2 weekdays) notice of the planned sampling date is required to ensure that EHD staff will be able to be present.

EHD may, with adequate notice, withdraw from an agreement in whole or part after making one of the following findings:

• The Responsible Party is not in compliance with the Remedial Action Agreement.
• Appropriate staff resources, technical expertise, or technical capabilities are not available to adequately supervise the remedial action.
• The release is determined to be of a sufficiently complex nature or to present such a significant potential hazard to human health or the environment that it should be referred to the State Department of Toxic Substances Control or a California Regional Water Quality Control Board.

The Responsible Party may withdraw from an agreement before its completion without penalty. However, EHD will, if it is believed that remaining contamination represents a threat to human health, the environment or groundwater resources, refer an uncompleted cleanup case to the appropriate State agency for their review. Such an agency may issue an order for assessment or remediation of the hazardous waste or hazardous material release.

For additional information regarding Environmental Health Industrial Cleanup Program, please contact the Program Manager, Patty Henshaw, at (714) 433-6011 or phenshaw@ochca.com.

Links:

Regional Water Quality Control Board - San Diego

Regional Water Quality Control Board - Santa Ana

South Coast Air Quality Management District

State of California Environmental Protection Agency, Department of Toxic Substances Control 

State Water Resources Control Board