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Section 25220 of the Health and Safety Code is used by the Department of Toxic
Substances Control (DTSC) for recording restrictions for hazardous waste sites and section
21170 of Title 27 of the California Code of Regulations (27 CCR) is used by Local
Enforcement Agencies (LEA) for recording deed restrictions for landfills. Based on
procedures in these sections and the procedures contained in this advisory the following
guidelines have been developed for remediation of burn dumps in place and recording deed
restrictions.
Site Investigation
- Obtain the assessor’s parcel number, address, legal description of the parcel,
owner’s name and address, and a boundary survey map.
- Determine the extent, thickness, and constituents of the burn ash. (Use existing
investigations and/or perform field surveying, drilling, sampling and analysis.)
- Prepare a record map that includes boundary survey information (or modify the existing
boundary survey map). Map scale should not be more than 1"=200’. Show the
existing areas of burn ash tied to property boundaries and provide topographical/drainage
information on and around the site needed to estimate grading and construction permit
requirements.
- Note the assessor’s parcel number on the record map.
- Incorporate the above information and map in the Site Investigation Report.
Construction Completion
- Update the Record Map to show the as-built location of the burn ash tied to property
boundaries, type and thickness of the soil cover, final topography and drainage (including
new/modified drainage structures), fencing plan and type, and other pertinent details.
- Include on the Record Map the date of remediation and a brief summary of remediation
performed (e.g., tons of solid waste recycled or landfilled, description of burn dump
remediation, erosion control, and fencing).
- Make known on the Record Map the hazardous properties of the burn ash and the
postclosure land use (PCLU) restrictions necessary to maintain the integrity of the soil
cover. For example, the following language might be used if the burn ash is classified as
a hazardous waste:
The covered burn ash contains metal substances classified as hazardous in California
Code of Regulations, Title 22 (see [fill in the name of the Report] dated [fill
in the date] for laboratory analysis of burn ash). Postclosure land use shall be
restricted to activities that will not result in penetration of the soil cover or exposure
of the burn ash (e.g., non-irrigated open space), and shall exclude construction of
buildings and structures over the burn dump area. Proposed land uses that violate these
restrictions shall require the proponent to apply to the [fill in the name of the Local
Enforcement Agency] for removal of land use restrictions, and to the Department of
Toxic Substances Control for a variance or removal of land use restrictions pursuant to
section 25233 or 25234 of the California Health and Safety Code.
If the burn ash is classified as a non-hazardous waste the following language might be
used:
The covered burn ash contains metal substances classified as non-hazardous in
California Code of Regulations, Title 22 (see [fill in the name of the Report] dated [fill
in the date] for laboratory analysis of burn ash). Postclosure land use shall be
restricted to activities that will not result in penetration of the soil cover or exposure
of the burn ash (e.g., non-irrigated open space), and shall exclude construction of
buildings and structures over the burn dump area. Proposed land uses that violate these
restrictions shall require the proponent to apply to the [fill in the name of the Local
Enforcement Agency] for a removal of land use restrictions.
- Notify the appropriate city/county planning and building department to file the Record
Map and require any proponent requesting a land use differing from the filed PCLU to apply
to DTSC.
- Include a copy of the notification to the Planning and Building Department and the
Record Map in the Construction Completion Report.
Advisory 56 |
