Item 02 - Department of Toxic Substances Control Standard Voluntary Agreement

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Department of Toxic Substances Control Standard Voluntary Agreement for 1126 and 1146 E. Washington Avenue, Santa Ana, CA 92701 July 20, 2021 Page 3 1 8 9 6 September 2020 investigations warranted additional assessments to determine the full extent of contamination before mitigation measures can be pursued. As a result, on December 18, 2020, OCHCA advised to transfer their environmental oversight responsibilities to the DTSC. The Developer subsequently reached out to DTSC to provide agency oversight and assist with additional environmental investigations and secured DTSC’s further assistance on the project site. On February 11, 2021, DTSC approved the project site to be included in their Targeted Site Investigation Plus (“TSI+”) pilot program. The TSI+ program is funded by a CERCLA (Comprehensive Environmental Response, Compensation, and Liability Act) 128(a) State Response Program Grant from the United States Environmental Protection Agency (“U.S. EPA”). U.S. EPA concurred with funding the project on February 3, 2021. This U.S. EPA/DTSC pilot program award provides funding for services to conduct a Supplemental Site Investigation with a Human Health Risk Assessment, and prepare a clean-up plan/remedy selection document approved for public comment. Funding and associated activities will be assessed and adjusted throughout the duration of the TSI+ program activities. DTSC proceeded with engaging a separate environmental engineering services contractor, GSI Environmental (“GSI”), for the additional assessment work and activities included in the TSI+ program. GSI’s supplemental site investigation, which was approved by DTSC, is in process. On April 27, 2021, the County and City staff submitted a Request for Agency Oversight Application to the DTSC. The application was subsequently reviewed and accepted by DTSC. The Standard Voluntary Agreement authorizes DTSC to serve as the oversight agency for the project during and after the TSI+ program period and additional scope required under the Standard Voluntary Agreement (Exhibit 1). The agreement allows DTSC the ability to facilitate and help coordinate further inspections and investigations, review and approve appropriate remediation measures and documents, and engage the public as necessary. The scope of work to be completed under the Standard Voluntary Agreement includes, but is not limited to the following: (1) Remedy Selection Document: a. If DTSC determines a removal action is appropriate, the Housing Authority of the City of Santa Ana and County of Orange will prepare a Removal Action Work Plan (“RAW”) in accordance with Health and Safety Code sections 25323.1 and 25356.1. b. If the proposed RAW does not meet the requirements of Health and Safety Code section 25356.1(h), the Housing Authority of the City of Santa Ana and County of Orange will prepare a Remedial Action Plan (“RAP”) in accordance with Health and Safety Code section 25356.1(c). (2) California Environmental Quality Act (“CEQA”): a. DTSC will prepare the necessary CEQA documents.