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Layer: HAZARDOUS_SITES_CORTESE (ID: 0)

Name: HAZARDOUS_SITES_CORTESE

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Description: The Marin County Unincorporated Cortese list is compiled from the Envirostar and GeoTracker databases maintained by the Department of Toxic Substances Control (DTSC) and the State Water Resources Control Board (SWRCB). A review of the Cortese list is required under Section 65962.5(g) prior to determining an application is complete and forcompliance with the California Environmental Quality Act (CEQA). Because this statute was enacted over twenty years ago, some of the provisions refer to agency activities that were conducted many years ago and are no longer being implemented and, in some cases the information to be included in the Cortese List does not exist.The Marin County Unincorporated Cortese List is a compilation of known hazardous waste sites in Marin County’s unincorporated lands. The list contains records maintained by the SWRCB and DTSC, the two agencies responsible for monitoring and/or clean-up and case review. The list was created in an effort to abide by the Federal Government Code § 65962.5, enacted in 1985 and in effect on January 1, 1992. Below is a copy of the code with a synopsis of the current status of each required action and the current status of compliance of each responsible agency, along with the location of the applicable databases that are to be reviewed as required by 65962.5. All efforts have been made to include all information from the below lists, which are to be updated on an annual basis. Pursuant to 65962.5(a), the Department of Toxic Substances Control is to compile and update as appropriate, but at least annually, and is to submit to the Secretary for Environmental Protection, a list of all of the following.All hazardous waste facilities subject to corrective action pursuant to HSC § 25187.5 of the Health and Safety Code.The hazardous waste facilities identified in HSC § 25187.5 are those where DTSC has taken or contracted for corrective action because a facility owner/operator has failed to comply with a date for taking corrective action in an order issued under HSC § 25187, or because DTSC determined that immediate corrective action was necessary to abate an imminent or substantial endangerment. This is a very small and specific subgroup of facilities and they are not separately posted on the DTSC or Cal/EPA’s website. The facilities that fall under this code are not located in Marin County.All land designated as hazardous waste property or border zone property pursuant to former Article 11 (commencing with Section 25220) of Chapter 6.5 of Division 20 of the Health and Safety Code. No facilities or lands are listed under this provisionbecause DTSC has not designated any hazardous waste property or border zone property pursuant to the cited provisions.All information received by the Department of Toxic Substances Control pursuant to HSC § 25242 of the Health and Safety Code on hazardous waste disposals on public land. HSC § 25242(a) requires a city, county, or state agency that owns or leases land to notify DTSC if it “has probable cause to believe that a disposal of hazardous waste, which is not authorized pursuant to this chapter has occurred on, under or into the land which the city, county, or state agency owns or leases...”; DTSC then shall determine if there has been an unauthorized disposal of hazardous waste. In practice, if a city, county or state agency contacts DTSC to provide such information, they also will have contacted or will be directed to contact DTSC's Emergency Response Duty Officer, who determines whether to authorize DTSC-funding for an emergency action to properly remove and dispose of the hazardous waste. DTSC’s Emergency Response program does not keep separate records of such reports that relate to city, county or state agency property. In the future, DTSC will track any reports received from cities, counties, or state agencies of hazardous waste disposal on land owned or leased by a city, county or state agency, where hazardous waste was released into the environment, and provide the information to Cal/EPA for inclusion in this section of the Cortese list. It is unclear as to whether these areas have been included in DTSC “Envirostar” list, located at: http://www.envirostor.dtsc.ca.gov/public/search.asp?cmd=search&reporttype=CORTESE&site_type=CSITES,OPEN,FUDS,CLOSE&status=ACT,BKLG,COM&reporttitle=HAZARDOUS+WASTE+AND+SUBSTANCES+SITE+LIST.As of date, there are no sites in the “Envirostor” database that are located in Marin County’s unincorporated lands.All sites listed pursuant to Section 25356 of the Health and Safety Code.HSC § 25356(b)(1) requires “a listing of hazardous substance release sites selected for, and subject to, a response action under this chapter.” HSC § 25356(b)(2) requires DTSC to “update the list of sites at least annually to reflect new information regarding previously listed sites or the addition of new sites requiring response action.” The implementing regulations provide that sites may be listed pursuant to HSC § 25356 if (a) they are not owned by the Federal Government and (b) a release or threatened release of hazardous substances has been confirmed by on-site sampling. (California Code of Regulations, Title 22, Section 67400.1). DTSC’s list of sites that meet those criteria as well as the criteria in HSC § 25356(c), is found in a report in DTSC’s “Envirostor” database, which has been included in this layer and can be found at http://www.envirostor.dtsc.ca.gov/public/search.asp?cmd=search&reporttype=CORTESE&site_type=CSITES,OPEN,FUDS,CLOSE&status=ACT,BKLG,COM&reporttitle=HAZARDOUS+WASTE+AND+SUBSTANCES+SITE+LIST.Sites where response actions have been completed and no operation and maintenance activities are required are not included on the list. As of date, there are no sites in the “Envirostor” database that are located in Marin County’s unincorporated lands.All sites included in the Abandoned Site Assessment Program.DTSC had an abandoned site program in the 1980s. HSC § 25369, which was enacted in 1985, required an abandoned site survey in “rural unsurveyed counties.”Sites identified in the abandoned site program were included in the “CalSites” database of known and potential hazardous substance release sites. After further investigation, many sites were removed from the “CalSites” database because there was no evidence that a release of hazardous substances occurred. Some time in the early 1990s, DTSC’s activities under HSC § 25369, and the entire Abandoned Site Program, were concluded. DTSC recently replaced the “CalSites” database with a new database of hazardous substance release sites, known as the “EnviroStor” database. The EnviroStor databasedoes not indicate if a specific site was at one time included in the abandoned site program and does not have a category for sites that are considered abandoned. The CalSites database also did not include this information. Consequently, DTSC does not provide the information to Cal/EPA originally called for under section 65962.5(a)(5). Pursuant to 65962.5(b), the State Department of Health Services is to compile and update as appropriate, but at least annually, and is to submit to the Secretary for Environmental Protection, a list of all public drinking water wells that contain detectable levels of organic contaminants and that are subject to water analysis pursuant to Section 116395 of the Health and Safety Code. The Cal/EPA understands that based on laws, regulations, or security policies adopted after September 11, 2001, DHS no longer makes publicly available the locations of public drinking water wells due to concerns about illegal actions that could endanger public health and safety. Moreover, there are currently no wells subject to water analysis pursuant to HSC § 116395, because all the analysis required by that Section was to be completed by 1988(HSC § 116395(d)). Consequently, for the reasons stated above, the DHS does not provide information to the Secretary as originally called for under § 65962.5 (b).Pursuant to 65962.5(c), the State Water Resources Control Board is to compile and update as appropriate, but at least annually, and is to submit to the Secretary for Environmental Protection, a list of all of the following: All underground storage tanks for which an unauthorized release report is filed pursuant to Section 25295 of the Health and Safety Code.HSC § 25295 was enacted in 1983 and requires filing a report with the local agency designated under HSC § 25283of "any unauthorized release which escapes from the secondary containment, or from the primary containment... of the underground tank system...." In 2004, HSC § 25295(b) was enacted to require the board "to continuously post and update on its Web site" a report of all unauthorized releases from underground tanks. The Water Board now provides this information in its GeoTracker database, including reports filed each year going back to fiscal year 1996/1997. GeoTracker: Reports by County by Fiscal Year of Sites with Leaking Underground Storage TanksAll sites in GeoTracker in the unincorporated lands of Marin County have been included. Underground tank sites identified in unauthorized release reports are considered "active" and are found in the GeoTracker database. Sites that are no longer considered "active" because the Water Board, a regional board, or the County has determined that no further action is required because actions were taken to adequately remediate the release, or because the release was minor, presents no environmental risk, and no remedial action is necessary, are listed as "closed" or deleted from the list and are not included in this layer.All solid waste disposal facilities from which there is a migration of hazardous waste and for which a California regional water quality control board has notified the Department of Toxic Substances Control pursuant to subdivision (e) of Section 13273 of the Water Code.Water Code § 13273 was enacted in 1984 to set up a program for the regional water quality control boards (regional boards) to identify solid waste disposal sites and required them to conduct water quality assessment tests. Water Code § 13273(e) provides that based on the assessment tests, the regional boards should determine whether "any hazardous waste migrated into the water" and, if so, notify DTSC. There are no sites located in Marin County.List of solid waste disposal sites identified by Water Board (PDF)All cease and desist orders issued after January 1, 1986,pursuant to Section 13301 of the Water Code, and all cleanup or abatement orders issued after January 1, 1986, pursuant to Section 13304 of the Water Code, that concern the discharge of wastes that are hazardous materials. The orders that are "active" –– i.e., where the necessary actions have not yet been completed –– are on the list provided at http://www.calepa.ca.gov/sitecleanup/corteselist/SectionC.htm, and are included in this layer. The Water Board will update this list by deleting sites where there is no longer any discharge of wastes and/or where the necessary cleanup and abatement actions were taken.Pursuant to 62962.5(d), the local enforcement agency, as designated pursuant to Section 18051 of Title 14 of the California Code of Regulations, is to compile as appropriate, but at least annually, and submit to the Department of Resources Recycling and Recovery, a list of all solid waste disposal facilities from which there is a known migration of hazardous waste. The Department of Resources Recycling and Recovery is to compile the local lists into a statewide list, which is to be submitted to the Secretary for Environmental Protection and is to be available to any person who requests the information.This information is no longer reported to the Secretary by CalRecycle. AB 1220, the Solid Waste Disposal Regulatory Reform Act of 1993, made changes to state law "to remove all areas of overlap, duplication, and conflict between the [waste management] board and the state water board and regional water boards, or between the [waste management] board and any other state agency……" (Public Resources Code 43101(c)(1).) It further clarified that "the state water board and regional water boards shall be the sole agencies regulating the disposal and classification of solid waste for the purpose of protecting the waters of the state…… ." (Public Resources 43101(c)(2).) Accordingly, the obligation of CalRecycle to compile information from local enforcement agencies regarding hazardous waste migration from solid waste disposal facilities under Government Code § 65962.5(d), and to provide the information to Cal/EPA, was superseded by this subsequent legislation. Therefore, this information is now compiled by the SWRCB and is found within this layer or at the GeoTracker website identified above.Pursuant to 62962.5(e), the Secretary for Environmental Protection is to consolidate the information submitted pursuant to this section and distribute it in a timely fashion to each city and county in which sites on the lists are located. The secretary is to distribute the information to any other person upon request. The secretary may charge a reasonable fee to persons requesting the information, other than cities, counties, or cities and counties, to cover the cost of developing, maintaining, and reproducing and distributing the information.Pursuant to 62962.5 (f), before a lead agency accepts as complete an application for any development project which will be used by any person, the applicant is to consult the lists sent to the appropriate city or county and is to submit a signed statement to the local agency indicating whether the project and any alternatives are located on a site that is included on any of the lists compiled pursuant to this section and is to specify the list. If the site is included on a list, and the list is not specified on the statement, the lead agency is to notify the applicant pursuant to Section 65943. The statement is to read as follows:

Copyright Text: Department of Toxic Substances Control (DTSC) and the State Water Resources Control Board (SWRCB).

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