The California Department of Toxic Substances Control (DTSC) and the Santa Monica-Malibu Unified School District enter into a Voluntary Investigation Agreement

by Barry Fagan

The California Department of Toxic Substances Control (DTSC) and the Santa Monica-Malibu Unified School District (SMMUSD) enter into a Voluntary Investigation Agrement pursuant to Health and Safety Code Section 25355.5(a)(1 )(C).

Purpose. The purpose of this Agreement is for Proponent to investigate

and/or remediate a release or threatened release of any hazardous substance at or

from the Site under the oversight of DTSC. The purpose of this Agreement is also for

DTSC to obtain reimbursement from Proponent for DTSC's oversight costs incurred

pursuant to this Agreement.

Based on the information available to DTSC and the SMMUSD, the Site is or may be contaminated with hazardous substances, including polychlorinated biphenyls (PCBs) pesticides, heavy metals and volatile organic compounds.

Access. The SMMUSD shall provide, and/or obtain access to the Site and take all

reasonable efforts to obtain access to off-site areas to which access is necessary to

implement the Agreement. Such access shall be provided to DTSC's employees,

contractors, and consultants at all reasonable times. Nothing in this paragraph is

intended or shall be construed to limit in any way the right of entry or inspection that

DTSC or any other agency may otherwise have by operation of law.

Notification of Field Activities. The SMMUSD shall inform DTSC at least seven

days in advance of all field activities pursuant to this Agreement and shall allow DTSC

and its authorized representatives to take duplicates of any samples collected by

Proponent pursuant to this Agreement.

OTSC Review and Approval. All work performed pursuant to this Agreement

is subject to DTSC's review and approval. If OTSC determines that any report, plan,

schedule or other document submitted for approval pursuant to this Agreement fails to

comply with this Agreement or fails to protect public health or safety or the environment,OTSC may (a) return comments to the SMMUSD with recommended changes and a date by which the SMMUSD must submit to OTSC a revised document incorporating or addressing the recommended changes; or (b) modify the document in consultation with the SMMUSD and approve the document as modified. All DTSC approvals and decisions made regarding submittals and notifications will be communicated to the SMMUSD in writing by DTSC's Branch Chief or his/her designee. No informal advice, guidance, suggestions or comments by DTSC regarding reports, plans, specifications, schedules or any other writings by the SMMUSD shall be construed to relieve the SMMUSD of their obligation to obtain such written approvals.

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Written by:

Barry Fagan

Law Offices of Barry S Fagan on:

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