Site mitigation submittals

Technical guidance documents for many site assessment and mitigation submittals are available from the Department of Toxic Substances Control (DTSC), San Francisco Bay Regional Water Quality Control Board (Regional Board), and the United States Environmental Protection Agency (USEPA).

Brief descriptions of submittals are presented below. All submittals, except for the Maher Ordinance Waiver Documentation, must be prepared by qualified environmental professionals.

Contact us at Department of Public Health (DPH)'s Site Mitigation Program if you have general questions.

A project may be waived from Maher Ordinance requirements, per Health Code Article 22A.4. Some documents that may support a waiver include: a combination of Residential Building Records (3-R), Sanborn Maps, prior environmental reports, or other records. Some of this information can be found by searching for your property on the San Francisco Property Information Map.

A Site History Report may be required per Health Code 22A.6. A Phase I Environmental Site Assessment (Phase I ESA) meeting the ASTM E1527-21 standard satisfies this requirement. Phase I ESAs must be prepared by an environmental professional as defined in 40 CFR 312.10, and must include the certifications required in Health Code Article 22A.6. The primary findings of the Phase I ESA are the Recognized Environmental Conditions (RECs).

A Subsurface Investigation Work Plan may be required per Health Code 22A.7. This work plan is sometimes called an environmental site assessment work plan, or a Phase II ESA work plan. It describes a strategy for investigating RECS identified in the Phase I ESA.

A Professional Geologist or Professional Engineer licensed in California can prepare a work plan. A work plan generally includes:

• Introduction
• Site description
• Scope of Work
• Sampling and Analytical Methods
• Quality Assurance/Quality Control
• Health and Safety
• Data evaluation and reporting

Review Health Code 22A.7 to see specific requirements of the work plan.

Some sampling activities may require additional permits. If any borings are greater than 5 feet deep, apply for a drilling permit. If your investigation is in any public right-of-way, obtain the appropriate encroachment permits.

After you obtain our approval, implement the work plan as described and approved. Notify us of any as-needed 5-foot step-out borings. Submit a variance request for review and approval for any other deviation from the approved plan, prior to implementation.

A Subsurface Investigation Report may be required per Health Code 22A.8. This report is sometimes called a Phase II ESA. It documents the implementation of the Subsurface Investigation Work Plan, and presents findings and recommendations.

A Professional Geologist or Professional Engineer licensed in California can prepare this report. This report generally includes:

• Executive summary
• Introduction
• Site description
• Field activities
• Laboratory analysis
• Results
• Conceptual Site Model (CSM)
• Data Evaluation
• Conclusions and recommendations

A Subsurface Investigation Report evaluates the potential concerns below and recommends mitigation strategies:

• Construction worker exposures
• Releases of hazardous soil or water to the environment
• Waste disposal
• On-site exposures for sensitive, residential, commercial, or industrial receptors
• Off-site exposures
• Historical contaminant releases

Review Health Code 22A.8 to see specific requirements of the report.

A SMP may be required per Health Code 22A.10. This plan is sometimes called a risk management plan. It describes how a project will manage and reduce potential environmental and human health risks.

A Professional Geologist or Professional Engineer licensed in California can prepare a SMP. A SMP generally includes:

• Introduction
• Site description and history
• Construction scope
• Construction mitigation measures
• Engineering and institutional controls, if applicable
• Reporting and documentation
• Certifications described in Health Code 22A.10

If a soil cap is proposed, the SMP must describe the cap design and post-construction verification monitoring activities.

If a vapor intrusion mitigation system (VIMS) is proposed, the SMP must contain references to an Engineering Control Plan (ECP).

A site-specific DCP is required for projects greater than 0.5 acres, per Health Code 22B. This plan is sometimes also called a Dust Management Plan, or Dust Mitigation Plan. It describes how a project will monitor, minimize, and control the potential generation of dust. A DCP that meets the Community Air Monitoring Plan Guidance (CAMP Guidance) and includes a sensitive receptor evaluation will satisfy this requirement.

A Professional Geologist, Professional Engineer, or Certified Industrial Hygienist licensed in California can prepare a DCP. A DCP generally includes:

• Introduction
• Site and project description
• Sensitive receptor evaluation
• Site-specific dust mitigation measures
• Dust monitoring protocols
• Reporting and documentation
• Certification

A sensitive receptor evaluation must include a map that shows all residences, schools, childcare centers, hospitals or other healthcare facility or group living quarters within 1,000 feet of the site boundary.

A site with naturally occurring asbestos may separately need to submit an Asbestos Dust Management Plan (ADMP) to the Bay Area Air District.

A DCCS is required for projects that are subject to Health Code 22B (Construction Dust Ordinance) and not Health Code 22A (Maher Ordinance). A DCCS documents all dust control activities performed to comply with Health Code 22B.

A Professional Geologist, Professional Engineer, or Certified Industrial Hygienist licensed in California can prepare this report. A DDCS generally includes:

• Reference to the DCP
• Project narrative summary
• Summary description of all dust mitigation measures implemented
• All dust monitoring data

A DCCS is generally submitted after the project completes its final dust-generating activity.

An ECP may be required per Health Code 22A.10, if your SMP includes engineering and institutional controls. This plan is typically a Vapor Intrusion Mitigation System (VIMS) Design Plan. It describes the design, installation, construction quality assurance activities, and verification monitoring for the engineering controls.

A Professional Engineer licensed in California can prepare an ECP. Depending on the engineering control, an ECP generally includes:

• Introduction
• Site description and history
• Description of engineering control
• Basis of design
• Product information, technical specs, and performance data
• Storage, handling, installation measures
• Construction quality assurance measures
• Post-installation testing, monitoring, and verification
• Construction quality assurance reporting
• Operations and maintenance
• Institutional controls
• Construction plans and details
• Certification

An ECP must include a statement, signed by a California-licensed Professional Engineer, certifying that:

Hazardous substances present in the subsurface are likely to pose significant health and safety risks based on the site’s intended use, and in the engineer’s judgment, those risks will be mitigated if the recommended engineering control measures are implemented.

A CQA Report may be requested, if your SMP has engineering and institutional controls. This report is also sometimes called a Construction Completion Report. It documents construction of the engineering control, verifies its performance, and certifies that the building is safe to occupy.

A Professional Engineer licensed in California can prepare this report. Depending on the engineering controls, a CQA Report generally includes:

• Executive summary
• Introduction
• Project team and responsibilities
• System design overview
• Construction activities
• CQA measures
• Materials and equipment used
• Performance verification and monitoring results
• Deficiencies and corrective actions
• Conclusion and certification
• As-built drawings
• Inspection checklists
• Photographs
• Field notes
• Installer certifications

A CQA Report must include a statement, signed by the Applicant, certifying that:

All mitigation measures recommended in the SMP and ECP have been completed and verified; and that the Applicant recognizes that it has a nondelegable duty to perform site mitigation; that it, and not the City, is responsible for site mitigation; that it, not the City, attests to and is responsible for the accuracy the representations made in the certification, and that it will continue to remain liable and responsible, to the extent such liability or responsibility is imposed by State and federal law, for its failure to perform the site mitigation.

An OMP may be required per Health Code 22A.10, if your SMP includes an engineering control and institutional control. This plan is typically either a Cap Maintenance Plans (CMP), or Vapor Intrusion Mitigation System Operations, Maintenance, and Monitoring Plan (VIMS OMMRP). If there are multiple engineering controls, a Site OMMRP may be submitted.

A Professional Engineer licensed in California can prepare an OMP. An OMP generally includes:

• Introduction
• Site description and history
• Project roles and responsibilities
• Engineering control description
• Performance criteria
• Operating procedures
• Monitoring and inspection schedule and procedures
• Maintenance procedures
• Corrective actions
• Contingency plan
• Construction quality assurance reporting and notifications
• Monitoring and inspection forms
• As-built drawings

A SMCR may be required per Health Code 22A.11. This is sometimes called a Final Report and Certification. This report documents all the mitigation activities performed to comply with Health Code 22A, including the implementation of all SMP and DCP activities, and completion of any CQA Report, OMP, and Covenant and Environmental Restriction (if applicable).

A Professional Engineer licensed in California can prepare a SMCR. A SMCR generally includes:

• Reference to the SMP (and the DCP, if applicable)
• Description of all construction mitigation measures implemented
• Any incidents that required a contingency response
• Documentation and summary tables of soil and groundwater testing, transportation, and disposal
• Dust monitoring data and summaries (if applicable)
• Description of all engineering and institutional controls implemented per the SMP and ECP (if applicable)
• Reference to the CQA Report, OMP, and Covenant and Environmental Restriction (if applicable)

A SMCR must include a statement, signed by the Applicant, certifying that:

All mitigation measures recommended in the SMP, DCP, and ECP (if applicable) have been completed and verified; and that the Applicant recognizes that it has a nondelegable duty to perform site mitigation; that it, and not the City, is responsible for site mitigation; that it, not the City, attests to and is responsible for the accuracy the representations made in the certification, and that it will continue to remain liable and responsible, to the extent such liability or responsibility is imposed by State and federal law, for its failure to perform the site mitigation.