The LOP for Hazardous Material Releases (HMR)

The LOP for HMR regulates the investigation and cleanup of hazardous material releases through two programs: the Leaking Underground Storage Tank (LUST) Cleanup Program and the Cleanup Program (CP).

The LOP for Hazardous Material Releases (HMR)

Program Information

Alameda County Environmental Health Department (ACEHD) Local Oversight Program (LOP) for Hazardous Material Releases (HMR) oversees the investigation and cleanup of environmental contamination under two programs.

*Leaking Underground Storage Tank (LUST) Cleanup Program: Oversees unauthorized releases associated with petroleum underground storage tank systems.

*Cleanup Program (CP): Oversees the investigation and remediation of hazardous materials releases, including but not limited to pesticides, heavy metals, dry-cleaning solvents, and other contaminants. The program also supports the redevelopment of sites with residual contamination from historical land uses.

For Responsible Parties and Consultants

Our goal is to ensure that site investigations and remediation under the LUST and CP are conducted in accordance with applicable laws, regulations, and industry standards, and are protective of human health and the environment to achieve case closure in a timely and cost-effective manner. The following information is intended to help ensure submitted reports, work plans, and related documents meet current requirements and can be reviewed and addressed in a timely manner (typically within 60 days of receipt). If your project, or portions of your project, require expedited review, please notify us as soon as possible, and provide documentation supporting the need for an accelerated response. All submissions must comply with the following general requirements.

Electronic Report Submittals

Alameda County Environmental Health Department and the California State Water Resources Control Board both require electronic submission in lieu of paper submissions for LUST (Leaking Underground Fuel Tank) and CPS (Cleanup Program Site) cases. All submissions (reports, work plans, and documents) must be uploaded to GeoTracker. Instructions are posted on their website at https://www.waterboards.ca.gov/ust/electronic_submittal/index.shtml.

Cover Letter Requirements

A cover letter, signed by an officer or legally authorized representative of your company, is required for all work plans, reports, and technical documents, which includes the following statement or equivalent: “I have read and acknowledge the content, recommendations and/or conclusions contained in the attached document or report submitted on my behalf to the State Water Board’s GeoTracker website.”

Professional Certification Requirements

California Business and Professions Code Sections 6735, 6835, and 7835.1 require that work plans and technical or implementation reports containing geologic or engineering evaluations and/or judgments be prepared under the direction of an appropriately registered or certified professional. All documents that contain site-specific data, data interpretations, or recommendations must comply with this requirement and include the professional registration stamp, signature, and statement of professional certification.

Authority to Require Corrective Action and Reports

California Health and Safety Code Section 25296.10 provides Alameda County Environmental Health Department (ACEHD) with the authority to require corrective action and related reports. California Code of Regulations, Title 23, Division 3, Chapter 16, Article 10, Sections 2709 through 2719, specifies the responsibilities of a responsible party in response to an unauthorized release from an underground storage tank system and requires compliance with ACEHD requests for technical reports, work plans, or related documents. Health and Safety Code Sections 101480 through 101490, under a Voluntary Remedial Action Agreement, require corrective action and related reports.

Additional Approvals/Permits May Be Required

Approvals issued by the caseworker are limited to authorization of the proposed activity as it relates to the LUST or CP investigation and remediation. Some activities may require additional approvals or permits from agencies other than the Local Oversight Program (LOP). Learn More (PDF)

Boring and well permits are issued by Alameda County Public Works Agency (https://www.acpwa.org/permits/special/drilling-well.page), Alameda County Water District (https://www.acwd.org/), or Zone 7 Water Agency ( https://www.zone7water.com/), depending on where the borings or wells are to be drilled.  Refer to the Well Permitting Requirements in the Technical Reference section of this page for additional information.

Underground Storage Tank Cleanup Fund

Subsurface Investigation and cleanup costs related to releases from petroleum underground storage tanks may be reimbursed by the State Water Board’s Underground Storage Tank Cleanup Fund. Delays in site investigation, submittal of required reports, or compliance with regulatory requirements may result in ineligibility for reimbursement from California’s Underground Storage Tank Cleanup Fund.

Alameda County Environmental Health Agency Oversight Enforcement

Delays in the submission of reports or performance of cleanup work may result in referral to the Regional Water Quality Control Board, District Attorney, or other appropriate agency for enforcement. California Health and Safety Code Section 25299 provides for penalties of up to $10,000 per day for each day of violation. If deadlines specified in the directive letter are not met, please notify the caseworker to request an extension.

If you have any questions, please contact the Local Oversight Program Manager at (510) 567-6842.

Low-Threat Underground Storage Tank Case Closure Policy

On May 1, 2012, the State Water Resources Control Board (State Water Board) adopted a statewide policy (Policy) on the closure of leaking petroleum underground storage tank (UST) sites in California. The Policy applies to petroleum UST sites subject to Chapter 6.7 of the Health and Safety Code and establishes general and media-specific criteria. If both the general and applicable media-specific criteria are satisfied, the site is generally considered to pose a low threat to human health, safety, and the environment. The Policy recognizes, however, that even if all criteria are met, there may be unique attributes or site-specific conditions that increase the risk associated with residual petroleum constituents.

In order to evaluate a site under the Policy, all general and media-specific criteria established in the Policy must be evaluated, and at a minimum, the information requested in the table below must be provided. The information must be provided in a technical report that is prepared, signed, and stamped by a California Professional Geologist or Engineer. Complete and well-documented reports will facilitate timely review and support case closure.

Required Information to Review Case for Low-Threat Closure Per Resolution 2012-0016 (PDF)

Criteria for Low-Threat Case Closure

In the absence of unique attributes of a case or site-specific conditions that demonstrably increase the risk associated with residual petroleum constituents, cases that meet the general and media-specific criteria described in this Policy pose a low threat to human health, safety or the environment and are appropriate for closure pursuant to Health and Safety Code Section 25296.10. Cases that meet the criteria in this Policy do not require further corrective action and will be issued a uniform closure letter consistent with Health and Safety Code Section 25296.10. The regulatory agency will conduct a review at least annually, or at the request of the responsible party or party conducting the corrective action, to determine whether the site meets the criteria contained in this Policy.

General Criteria

General criteria that must be satisfied by all candidate sites are listed as follows:

  1. The unauthorized release is located within the service area of a public water system;
  2. The unauthorized release consists only of petroleum;
  3. The unauthorized (“primary”) release from the UST system has been stopped;
  4. Free product has been removed to the maximum extent practicable;
  5. A conceptual site model that assesses the nature, extent, and mobility of the release has been developed;
  6. Secondary source has been removed to the extent practicable;
  7. Soil or groundwater has been tested for methyl tert-butyl ether (MTBE) and results reported in accordance with Health and Safety Code section 25296.15; and
  8. Nuisance as defined by Water Code section 13050 does not exist at the site.

Low Threat Policy (PDF)
This 15-page document contains the full text of the policy.

Further information on the Policy can be found on the State Water Resources Control Board website: https://www.waterboards.ca.gov/ust/lt_cls_plcy.shtml

Find a LOP or CP Site in Alameda County

Information for LOP or CP Cases in Alameda County can be found by using the “Find a Site” link. ACEHD jurisdiction for these programs includes unincorporated Alameda County and the cities of Alameda, Albany, Castro Valley, Dublin, Emeryville, Livermore, Oakland, Piedmont, Pleasanton, San Lorenzo, and Sunol. In certain circumstances, ACEHD may oversee cases in Berkeley, Hayward, Fremont, Newark, San Leandro, and Union City with Regional Water Quality Control Board concurrence. Information presented in the search will include all electronic documents reviewed and approved for LOP and CP sites for which Alameda County provides investigation and cleanup oversight. To find current information regarding sites located in other areas of California, please visit the GeoTracker website at https://geotracker.waterboards.ca.gov/.

Soil Import / Export Characterization Requirements

Responsible Parties and their consultants may import and export soil to and from environmental cleanup sites regulated by Alameda County Environmental Health Department (ACEHD) (see “When can I reuse soil at a site?” for more information). To protect human health and the environment, ACEHD has established requirements for soil characterization to evaluate its suitability for reuse at another site. These requirements have been prepared by ACEHD to ensure that unsuitable soil is not imported to environmental cleanup sites or exported to properties with sensitive land uses.

To initiate soil import/export clearance, submit a completed Soil Import/Export Characterization Service Request and associated fees to ACEHD. ACEHD will establish a case identification number in the State Water Board’s GeoTracker website.  A Soil Characterization Report for the export site, prepared in accordance with Alameda County’s Soil Import/Export Characterization Requirements Document, must be uploaded to GeoTracker in PDF format. ACEHD will review the submitted documentation and determine whether the soil is suitable for import.

Local Oversight Program – Technical References

Listed below are links to information that may be useful for site investigation, analysis, and future reference.

Creek and Watershed Maps

The Oakland Museum of California has published a series of online and print Creek and Watershed Maps that include the location of storm drain lines beneath local communities. Because these lines can act as preferential pathways for contaminant migration, these maps are an important resource for Responsible Parties and their consultants. More information and map downloads are available on the Museum’s website at Guide to San Francisco Bay Area Creeks.

Note: These maps are not copyrighted and may be freely used.

Links to specific PDF maps covering much of Alameda County:

Geologic Map External Links

The following links may be of use for subsurface investigations within the county. This is not a comprehensive list, and additional resources may be available.

Well Permitting Requirements

Alameda County Public Works Agency (ACPWA), Zone 7 Water Agency, City of Berkeley and Alameda County Water District (ACWD) are the permitting agencies for well construction or destruction. ACPWA issues drilling permits for projects located in the following cities:

  • Alameda
  • Emeryville
  • Piedmont
  • Albany
  • Hayward
  • San Leandro
  • Castro Valley
  • Oakland
  • San Lorenzo

Other Jurisdictions:

Project Location: Agency with Jurisdiction
Contact Number

Berkeley
City of Berkeley
Ph: 
(510) 981-7460 Fax: (510) 540-5672

Fremont, Newark, Union City
Alameda County Water District
Ph: 
(510) 668-4460 Fax: (510) 651-1760

Pleasanton, Dublin, Livermore, Sunol
Zone 7 Water Agency
Ph: 
(925) 454-5000 Fax: (510) 454-5728

Notes:

  • Additional information on the Unincorporated Area Clean Water Program of Alameda County is available through the Alameda County Public Works Agency.
  • For sites where contamination has been addressed, ACEHD requires that the monitoring wells used to assess groundwater (GW) impact be properly destroyed under permit to prevent potential impacts to the groundwater basin.

Local Oversight Program – Guidelines and Resources

The following links are provided to assist you in understanding the corrective action processes and regulatory requirements that may pertain to your case. Please contact your assigned ACEHD caseworker or call our general number at (510) 567-6842 if you have questions or need further assistance.

State Water Resources Control Board

San Francisco Bay Regional Water Quality Control Board

Guidance Documents from California Environmental Protection Agency (Cal/EPA)

Guidance documents developed by other Local Agencies

Guidance documents from US Environmental Protection Agency

Explore the Local Oversight Program

Cleanup Program

CP oversees the investigation and remediation of releases involving hazardous materials, including but not limited to pesticides, heavy metals, dry-cleaning solvents, and other contaminants that may impact environmental media.

Leaking Underground Storage Tank Program

The LUST Cleanup Program oversees the investigation and cleanup of unauthorized releases from petroleum underground storage tank systems to protect human health and the environment.
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