The Department of Toxic Substances Control (DTSC) and EPA Environmental Survey for the Santa Monica-Malibu Unified School District

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The Department of Toxic Substances Control (DTSC) and the U.S. Environmental Protection Agency (USEPA), community survey will help the agencies to learn more about the SMMUSD community and be able to provide better outreach regarding the environmental investigation at Malibu High School, Middle School, and the adjacent Juan Cabrillo Elementary School (Site).

Previous Investigation Overview

Between 2009 and 2011, the Santa Monica-Malibu Unified School District (SMMUSD) conducted an environmental investigation and cleanup of soil contaminated with pesticides and polychlorinated biphenyls (PCBs). In 2012, the Removal Action Cleanup Report, documented the removal of the contaminated soil and reported the existing Site property did not pose a risk to human health or the environment. However, DTSC did not provide regulatory oversight for the environmental actions at the Site since the District did not use State funds for the investigation or the cleanup.

Current Status and Next Steps

In March 2014, DTSC and the SMMUSD executed a Voluntary Investigation Agreement to evaluate environmental conditions at the middle/high school and the adjoining elementary school. DTSC will assume regulatory oversight of the soil investigation. USEPA will oversee the PCB investigation related to building material (caulking). However, DTSC and USEPA will work together to coordinate all future investigation efforts.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Barry Fagan, Law Offices of Barry S Fagan | Attorney Advertising

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