Catellus Urban Construction, Inc. Variance from Manifest Requirements
- SCH Number
- Public Agency
- Department of Toxic Substances Control
- Document Title
- Catellus Urban Construction, Inc. Variance from Manifest Requirements
- Document Type
- NOE - Notice of Exemption
- Document Description
- DTSC proposes to issue a variance to Catellus Urban Construction, Inc. pursuant to California Health and Safety Code section 25143. The variance would waive hazardous waste manifesting requirements in Health and Safety Code section 25160 and California Code of Regulations, title 22, sections 66263.20 through 66263.23 to allow use of a Bill of Lading in lieu of a manifest to transport excavated soils along public roads within the Mission Bay project area in San Francisco (SF). Catellus intends to reuse excavated soils on-site for grading, backfill, or other development purposes, or to hold soils temporarily in a designated staging area for future use or offsite disposal in accordance with a SF Regional Water Control Board (Board) approved Risk Management Plan (RMP). The activities subject to this variance are the same as those covered under a pre-existing variance issued by DTSC, which covered the time period November 8, 2001 to January 8, 2005. The soils subject to the proposed variance are contaminated with petroleum hydrocarbons below federal and state hazardous waste levels, but may be California-only (non-RCRA regulated) hazardous waste due to lead concentrations that exceed the 5 mg/L Soluble Threshold Limit Concentration (STLC) when analyzed by the California Waste Extraction Test ("WET") test, but do not exceed the Total Threshold Limit Concentration (TTLC) of 1000 mg/kg. The presence of petroleum hydrocarbons in these soils is associated with past land use. The Mission Bay development is approximately 300 acres, located approximately one mile south of the financial district in downtown SF. The development consists of residential condominiums and a new University of California at San Francisco Research Campus. The Board-approved RMP imposes requirements for the management of soils, including movement of soil along public roads from one area of Mission Bay to another within the designated Area of Contamination (AOC). The RMP was developed with the participation of DTSC and the SF Department of Public Health. The transportation of soils within the AOC allows Catellus to reuse soils for grading, backfill or other development purposes, or staging for future use or offsite disposal. Registered hazardous waste transporters will be used for all movement of hazardous wastes subject to this variance along public roads. Approximately 10,000 to 15,000 cy of excavated soils are estimated to be subject to the provisions of this variance on an annual basis. During the term of the variance, the soils will be moved in several concentrated efforts over several week periods with long periods of no soil movement. Based on Catellus' experience to date at the Mission Bay project, a typical building project would require movement of approximately 1,000 to 3,000 cy of soil over a period of 15 days.
- Contact Information
Department of Toxic Substances Control
1001 I Street, 11th Floor P.O. Box 806
Sacramento, CA 95812-0806
Phone : (916) 324-1799
- San Francisco
- San Francisco
Notice of Exemption
- Exempt Status
- Type, Section or Code
- Section 15061(b)(3)
- Reasons for Exemption
- 1. The subject wastes are low concentration lead and hydrocarbon contaminated soils that pose limited risk during transport for short distances over a limited number of streets adjacent to 300 acre parcel Area of Contamination (AOC). The RMP designates an Area of Contamination (AOC) within the Mission Bay Project Area. All movement of soils subject to the variance is within the AOC. 2. The hazardous waste soils subject to this variance may be transported along public streets only from one location within the AOC, as designated in the RMP, to another location within the AOC. The Bill of Lading will accompany the known waste stream during transport and will be used to document and track all loads of variance soil move along public streets from one area of the approved AOC to another. This document will provide adequate basis for any necessary spill response. 3. Catellus will maintain copies of the Bills of Lading for the five year variance duration at the Catellus Mission Bay Office. Catellus shall prepare a report that summarizes the total quantity of materials transported pursuant to this variance during each calendar year. The report shall be submitted to DTSC each year. Given the nature of the AOC and the wastes, this record keeping will serve to adequately serve the intent of a manifest. 4. The SF Bay Regional Water Quality Control Board, on May 12, 1999, approved a RMP that regulates all aspects of the handling and management of soils associated with the Mission Bay project, including transportation, on-site reuse, and off-site disposal of soils; the RMP was revised and subsequently approved on March 22, 2005. The Board was designated the lead administering agency for all site cleanup work under the Assembly Bill 2061 (AB 2061) program. DTSC and the SF Department of Public Health participated in review of the RMP. 5. Catellus was subject to a manifest variance issued by DTSC on November 8, 2001, covering the period to January 8, 2005. The activities subject to this variance are the same as those covered under the pre-existing variance and the process in has served to adequately control the subject wastes. 6. An EIR, the Mission Bay Subsequent EIR certified by the leady agency (City and County of SF) on September 17, 1998, evaluated the environmental impact of the Mission Bay project, including movement and on-site staging or disposal of excavated soils. 7. The variance is applicable only to the management of non-RCRA regulated hazardous wastes. The mateials subject to this variance are soils sampling in accordance with the SF Department of Public Health's Article 22A (Maher) Ordinance indicate that the chemical composition of the soil is varied; however, most soils subject to the variance are considered hazardous due to lead concentrations that exceed the 5 mg/L Soluble Threshold Limit Concentration (STLC) when analyzed by the California Waste Extraction Test ("WET") test but do not exceed the 1000 mg/kg Total Threshold Limit Concentration (TTLC). The presence of lead is associated with the filling of Mission Bay during the period from the 1860's into the early 1900's. The presence of petroleum hydrocarbons in these soils is associated with past land use. 8. Registered hazardous waste transporters will be used to transport all soils subject to the variance along public roads. Soils will be transported, packaged, labeled, and placarded in accordance with all applicable DTSC, Department of Transportation, and California Highway Patrol requirements. 9. Traffic impacts related to the movement of soils subject to the proposed variance along public roads within the Mission Bay AOC are addressed by regulatory agencies and by Catellus as follows: a) The contract between Catellus and all construction contractors expressly prohibits any soil hauling (or work) from being performed for two hours before two hours after all SF Giants' home games. Therefore, movement of soil under the terms of the variance will not add to traffic congestion associated with baseball games; b) Construction contractors are also required to comply with the SF Department of Public Transportation's (DPT) "blue book," which describes restrictions and control measures that all construction contractors must follow when using City streets; c) Each contractor must submit a "traffic plan" to the owner (Catellus) for the owner's approval; this "traffic plan" must satisfy the "blue book" requirements; d) When large hauls are contemplated, a traffic plan must be submitted to DPT for approval; e) Work may only be performed in the daytime, unless a special permit has been issued by DPT.
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