Site Cleanup Program
The Site Cleanup Program (SCP) regulates and oversees the investigation and cleanup of non-federally owned sites with recent or historical unauthorized releases of pollutants to the environment, including soil, groundwater, surface water, and sediment. Sites in the program are varied and include pesticide and fertilizer facilities, rail yards, ports, equipment supply facilities, metals facilities, industrial manufacturing and maintenance sites, dry cleaners, bulk transfer facilities, refineries, and Brownfields. These releases are generally not from petroleum underground storage tanks (USTs). The types of pollutants encountered at the sites are diverse and include solvents, pesticides, heavy metals, and fuel constituents. SCP is one of three cleanup programs at the Water Boards; additional information about the cleanup programs, including Environmental Screening Levels, can be found on our Cleanup webpage.Table of Contents
- SCP law and Policy
- Elements of the Cleanup Process
- Funding Cleanup
- Requesting Oversight
- Contact Information
SCP Law and Policy
The Water Code provides authority for the Water Board to require investigation and cleanup of sites with unauthorized pollutant releases. Water Code Section 13267 allows the Water Board to require technical reports from suspected dischargers.
Water Code Section 13304 authorizes the Water Board to issue “cleanup and abatement” orders requiring a discharger to cleanup and abate waste, “where the discharger has caused or permitted waste to be discharged or deposited where it is or probably will be discharged into waters of the State and creates or threatens to create a condition of pollution or nuisance.” The Water Board coined the term “site cleanup requirements” (SCRs) to describe Water Code Section 13304 orders where soil or groundwater cleanup would take many years to complete and the dischargers are cooperating. Water Code Section 13304 authorizes the Regional Water Boards to recover costs for oversight of site cleanup at sites where a discharge of waste has occurred and that discharge creates, or threatens to create, a condition of pollution or nuisance.
State Water Board Resolution No. 92-49, "Policies and Procedures for Investigation, Cleanup and Abatement of Discharges Under Water Code Section 13304"; Resolution No. 68-16, “Statement of Policy with Respect to Maintaining High Quality of Waters in California”; and Resolution No. 88-63, “Sources of Drinking Water”, contain the policies and procedures that all Regional Water Boards follow to oversee and regulate investigations and cleanup and abatement activities resulting from all types of discharge or threat of discharge subject to Water Code Section 13304.
Elements of Site Cleanup Process
The five basic steps of Site Cleanup are as follows:
- Preliminary site assessment to confirm the discharge and the identity of the dischargers; to identify affected or threatened waters of the state and their beneficial uses; and to develop preliminary information on the nature and vertical and horizontal extent, of the discharge;
- Interim corrective actions taken early in the process to remove contaminant mass or promptly mitigate health threats. Soil excavation or source removal can often cost effectively remove contaminant mass, preventing ongoing migration which may result in more expensive cleanups later on. If drinking water wells are impacted or chemical vapors are migrating into buildings treatment or mitigation needs to be provided to protect public health.
- Soil and water investigation to determine the source, nature, and extent of the discharge with sufficient detail to provide the basis for decisions regarding subsequent clean-up and abatement actions, if any are determined by the Regional Water Board to be necessary. A risk assessment may be conducted to evaluate site specific receptors and exposure pathways and determine cleanup goals.
- Proposal and selection of cleanup action to evaluate feasible and effective cleanup and abatement actions and to develop a preferred cleanup and abatement approach;
- Implementation of the selected cleanup and abatement action ; and
- Monitoring to confirm short- and long-term effectiveness of cleanup and abatement.
Listed below are additional features and tools used in the SCP program to aid the cleanup process.
Public Participation – The Water Board will provide opportunities for public participation in the oversight process so that the public is informed and has the opportunity to comment. The level of effort is tailored to site-specific conditions, depending on site complexity and public interest. The level of public participation effort at a particular site is based on the potential threat to human health, water quality, and the environment; the degree of public concern or interest in site cleanup; and any environmental justice factors associated with the site.
Electronic Data Reporting – The State Water Board maintains GeoTracker, a web-based geographic information system (GIS) program that provides the public and regulators with online access to environmental data. GeoTracker is available online at http://www.geotracker.waterboards.ca.gov. The State Water Board adopted regulations that require electronic submittal of information for groundwater cleanup programs (Title 23, CCR, Division 3, Chapter 30).
Compliance Monitoring – Monitoring reports are required periodically that describe the status of the cleanup activities and monitoring results. The Water Board will conduct site inspections to verify whether the responsible party is complying with Water Board enforcement directives.
Deed Restrictions - A deed restriction (also known as an environmental restriction and covenant or land use covenant) may be required to protect human health and the environment by reducing the risk of exposure to residual hazardous materials. Water Code Section 13307.1 requires that deed restrictions be mandated for sites that are not cleaned up to allow “unrestricted use”, and that the restrictions be recorded and run with the land to restrict sensitive land uses and water uses.
“Case Closure” Determinations – We provide no further action (NFA) confirmations and no-further-active-cleanup confirmations to responsible parties when no further action is needed. We provide a case closure letter as part of the case closure summary report. Dischargers may utilize the Water Board's Assessment Tool for Closure of Low-Threat Chlorinated Solvent Sites as a guide to developing case closure requests and during the site investigation and cleanup process. If the site is contaminated with petroleum, and the release is similar to releases typical from underground storage tanks, the criteria in the Low-Threat Underground Storage Tank Case Closure Policy may be used.
Liability Relief Tools – Several tools are available to municipalities, landowners, developers, and responsible parties for seeking relief from contamination liability. Two key tools are listed below:
- California Land Reuse and Revitalization Act of 2004 (CLRRA)
The California Land Reuse and Revitalization Act of 2004 (AB 389, Montanez), effective January 1, 2005, provides liability protections to Brownfield developers, innocent landowners and contiguous property owners which are intended to promote the cleanup and redevelopment of underutilized contaminated properties. The bill establishes a process for eligible property owners to obtain the immunities, conduct a site assessment and implement a response action, if necessary, to ensure that the property is ready for reuse. Further information, including fact sheets and an application, are available at the Department of Toxic Substances Control’s (DTSC’s) California Land Reuse and Revitalization Act of 2004 page.
- "Comfort" Letters
Water Board "comfort" letters indicate the limited circumstances in which we will require new property owners or owners of offsite properties to provide cleanup. The Water Board typically does not hold these parties responsible, as long as other viable parties are conducting cleanup, the owners provide reasonable access for investigation and cleanup, and the owners do not contribute to any pollution at the site. We encourage owners to rely on our generic “comfort” letter.
Most cleanups are executed and funded by the discharger or the Regional Water Board. Financial assistance is available in some circumstances to assist with cleanup funding.
- Voluntary Cleanup
The majority of SCP sites are voluntary cleanups where the responsible party (RP) voluntarily performs the investigation and cleanup by entering into the State Water Board’s cost recovery program. Using the authority provided in the California WC Sections 13267, 13304 and 13365, the State Water Board set up the cost recovery program so that reasonable expenses incurred by the State Water Board and Regional Water Boards in overseeing water quality matters can be recovered from the RP. For a site to be placed in the cost recovery program, a RP must first be identified. The RP agrees to and signs an acknowledgement form stating their intent to pay oversight bills; in return, they receive oversight from Regional Water Board staff in cleaning up the site to regulatory standards. The State Water Board sets up an account for Water Board staff charges and issues quarterly, cost recovery invoices to the RPs.
- Mandatory Cleanup via the issuance of a Cleanup and Abatement Order
Sometimes, a cleanup and abatement action is taken by the Regional Water Board to bind the RP to clean up the release. California Water Code Section 13304 authorizes the Water Boards to issue a “cleanup and abatement order” (CAO) requiring a discharger to cleanup and abate waste, “where the discharger has caused or permitted waste to be discharged or deposited where it is or probably will be discharged into waters of the State and creates or threatens to create a condition of pollution or nuisance.” In cases where a CAO is issued, the Order provides the basis for reimbursement of Water Board oversight costs.
- Site Cleanup Subaccount Program
The Site Cleanup Subaccount Program (SCAP) is a funding program established in 2014 by SB 445 (Hill, 2014). It allows the State Water Board to issue grants for projects that address the harm or threat of harm to human health, safety, and/or the environment from polluted surface water and/or groundwater. This grant can either fund the responsible party or the Regional Water Board to execute cleanup efforts.
- Other Grants and Loans for Brownfield Sites
Brownfields are underutilized properties where reuse is hindered by the actual or suspected presence of pollution or contamination. Cleanup and redevelopment of these sites benefit the environment and the community by eliminating pollution and contamination problems, allowing economic growth and revitalizing neighborhoods. Refer to the State Water Board Brownfields Webpage for the various grant and loan programs that are available to help assess and cleanup Brownfield sites in California.
Water Board Funded
- Cleanup and Abatement Account
The Water Boards may be able to obtain cleanup funding from the Cleanup and Abatement Account (CAA). The State Water Board, the Regional Water Boards, and any public agency with the authority to clean up waste or abate the effects of a waste on waters of the state may utilize the account. Generally, CAA funds are provided for the emergency cleanup or abatement of a condition of pollution where there are no viable responsible parties available to undertake the work.
The Regional Water Quality Control Boards and the Department of Toxic Substances Control (DTSC) have the authority to regulate cleanup of polluted/contaminated sites in California. In order to improve coordination between the agencies on oversight of Brownfield cleanups, a Memorandum of Agreement (MOA) was signed in March 1, 2005. The MOA describes the process and considerations used to determine the appropriate lead agency for a particular Brownfield site. Anyone requesting oversight from the Water Boards or DTSC for a Brownfield site (or other site) should submit an application to the Water Boards or DTSC with enough site information to allow the agencies to determine the appropriate lead agency.
- Memorandum of Agreement between the Regional Water Boards and DTSC for Oversight of Investigations and Cleanup Activities and Brownfield Sites
- Application – Request for Oversight
All applications and questions about requesting oversight should be directed to our Brownfields coordinator, currently Ron Goloubow at (510) 622-2442 or email@example.com.
For more information about the Site Cleanup Program, contact Elizabeth Wells at Elizabeth.Wells@waterboards.ca.gov
Toxics Cleanup Division Chief
Alec Naugle, (510) 622-2510
- North Bay - Laurent Meillier, (510) 622-3277
- Central Bay - Elizabeth Wells, (510) 622-2440
- South Bay - John Wolfenden, (510) 622-2444
Groundwater Protection Division Chief
Terry Seward, (510) 622-2416
- Land Disposal and Waste Containment - Keith Roberson, (510) 622-2404
- Department of Defense Section 1 - Alec Naugle, (510) 622-2510
- Department of Defense Section 2 - David Elias, (510) 622-2509