Common use of FINDINGS/DETERMINATIONS Clause in Contracts

FINDINGS/DETERMINATIONS. DTSC has determined that the variance applicant meets the requirements set forth in Health and Safety Code, section 25143 for a variance from specific regulatory requirements as outlined in Section 8 of this variance. The specific determinations and findings made by DTSC are as follows: a) Caltrans intends to excavate, stockpile, transport, bury and cover large volumes of soil associated with highway construction projects. In the more urbanized highway corridors around the State this soil is contaminated with lead, primarily due to historic emissions from automobile exhausts. In situ sampling and laboratory testing has shown that some of the soil contains concentrations of lead in excess of State regulatory thresholds, and thus any generated waste from disturbance of the soil would be regulated as hazardous waste. Such soil contains a Total Threshold Limit Concentration (TTLC) of 1000 milligrams per kilogram (mg/kg) or more lead and/or it meets or exceeds the Soluble Threshold Limit Concentration (STLC) for lead of 5 milligrams per liter (mg/l). A Human Health Risk Assessment prepared for this variance concludes that soil contaminated with elevated concentrations of lead can be managed in a way that presents no significant risk to human health. b) The lead-contaminated soil will be placed only in Caltrans’ right-of-way. Depending on concentration levels, the wastes will be covered with a minimum thickness of one (1) foot of non-hazardous soil or asphalt/concrete cover and will always be at least five (5) feet above the highest groundwater elevation. Caltrans will assure that proper health and safety procedures will be followed for workers, including any persons engaged in maintenance work in areas where the waste has been buried and covered. c) DTSC finds and requires that the lead-contaminated soil excavated, stockpiled, transported, buried and covered pursuant to this variance is a non-RCRA hazardous waste, and that the waste management activity is insignificant as a potential hazard to human health and safety and the environment, when managed in accordance with the conditions, limitations and other requirements specified in this variance.