Common use of Previous Actions Taken Clause in Contracts

Previous Actions Taken. In 1995, pursuant to Health and Safety Code 25143, DTSC granted certain Caltrans’ districts a Variance from the hazardous waste management requirements to obtain a permit for a disposal facility and any other generator requirements that concern the transportation, manifesting, storage and land disposal of hazardous waste for aerially deposited lead-contaminated soils, as defined in the Variance (Variance). The Variance substituted alternative management standards which allowed Caltrans road construction projects to reuse ADL-contaminated soils with hazardous waste levels of lead on project sites while maintaining protection of human health and the environment. Although the level of lead found in some areas is higher than that which is considered to be hazardous waste, it was determined that Caltrans could reuse the soil along the freeways and roads under construction without posing an unacceptable risk to human health or the environment. Keeping these soils in defined areas in which people spend little, if any, time prevents contact with the lead. /// 2 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 In addition, Caltrans incorporated specifications in its contracts with construction contractors that require contractors to handle hazardous waste level ADL-contaminated soils consistent with the requirements of the Variance. For example, soil found to contain hazardous waste levels of lead is to be kept separate from non-hazardous soil and the contractor takes dust control and security measures to keep people from coming into contact with the soil until it is reused. The hazardous waste level ADL- contaminated soil would stay in place (beneath the road, highway, freeways, or a layer of clean soil, etc.) for the life of the highway. Additional upgrades and widening are much more likely than abandoning old highways. Therefore, the hazardous waste level ADL-contaminated soil would remain secure, and human health and the environment would remain protected long term. DTSC has issued new variances incorporating additional and more protective provisions approximately every five years since the first Variance in 1995. Additional Caltrans’ districts were also added over time. The current Variance includes all Caltrans’ districts and has been in effect since 2009. In June 2015, DTSC made the decision to transition from a Variance to this Agreement. This Agreement is intended to control Caltrans future activities to manage ADL contaminated soil. Subject to 3.23, this Agreement is not a corrective action order based on any specific incidents of Caltrans past ADL-contaminated soil management. Existing projects that have implemented the Variance and have completed the Project Approval and Environmental Document milestone prior to July 1, 2016 shall continue to meet all requirements of the Variance set forth in the Transition Plan.

Previous Actions Taken. 24 In 1995, pursuant to Health and Safety Code 25143, DTSC granted certain Caltrans’ 25 districts a Variance from the hazardous waste management requirements to obtain a permit for a disposal facility and any other generator requirements that concern the 26 transportation, manifesting, storage and land disposal of hazardous waste for aerially 27 deposited lead-contaminated soils, as defined in the Variance (Variance). The Variance substituted alternative management standards which allowed Caltrans road construction 28 projects to reuse ADL-contaminated soils with hazardous waste levels of lead on project sites while maintaining protection of human health and the environment. Although the level of lead found in some areas is higher than that which is considered to be hazardous waste, it was determined that Caltrans could reuse the soil along the 1 freeways and roads under construction without posing an unacceptable risk to human 2 health or the environment. Keeping these soils in defined areas in which people spend little, if any, time prevents contact with the lead. /// 2 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 In addition, Caltrans incorporated specifications in its contracts with construction contractors that require contractors to handle hazardous waste level ADL-contaminated 5 soils consistent with the requirements of the Variance. For example, soil found to contain hazardous waste levels of lead is to be kept separate from non-hazardous soil 6 and the contractor takes dust control and security measures to keep people from 7 coming into contact with the soil until it is reused. The hazardous waste level ADL- contaminated soil would stay in place (beneath the road, highway, freeways, or a layer 8 of clean soil, etc.) for the life of the highway. Additional upgrades and widening are much more likely than abandoning old highways. Therefore, the hazardous waste level 9 ADL-contaminated soil would remain secure, and human health and the environment 10 would remain protected long term. 11 DTSC has issued new variances incorporating additional and more protective provisions 12 approximately every five years since the first Variance in 1995. Additional Caltrans’ districts were also added over time. The current Variance includes all Caltrans’ districts 13 and has been in effect since 2009. In June 2015, DTSC made the decision to transition from a Variance to this Agreement. This Agreement is intended to control Caltrans 14 future activities to manage ADL contaminated soil. Subject to 3.23, this Agreement is 15 not a corrective action order based on any specific incidents of Caltrans past ADL-ADL- contaminated soil management. Existing projects that have implemented the Variance 16 and have completed the Project Approval and Environmental Document milestone prior 17 to July 1, 2016 shall continue to meet all requirements of the Variance set forth in the Transition Plan.