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Program Descriptions and Authority

Local Oversight Program

Alameda County Department of Environmental Health's (ACDEH) Local Oversight Program (LOP) oversees the investigation and cleanup of hazardous materials releases to the environment under two programs. The Leaking Underground Fuel Tank (LUFT) program is specific to unauthorized releases associated with petroleum underground storage tank systems. The Site Cleanup Program (SCP) oversees the investigation and cleanup of releases from hazardous materials, including but not limited to releases of pesticides, heavy metals, dry cleaner solvents, etc., including redevelopment of sites with residual contamination from historic uses.

Leaking Underground Fuel Tank (LUFT) Program

ACDEH oversees the investigation and cleanup of fuel releases from petroleum underground storage tanks (USTs) in all areas of the county under the Local Oversight Program (LOP) contract with the State Water Board (SWB), except in the cities of Berkeley, Fremont, Hayward, Newark, San Leandro, and Union City. Sites are entered into the LOP when a release from an UST is reported and confirmed. This typically occurs when an UST is removed and signs of a release are either obvious or confirmed in soil and/or groundwater sample analytical results. Releases are also reported when contamination is found while repairing fuel delivery systems associated with petroleum USTs or when environmental site assessments are completed at the time of property transactions.

Oversight authority has been delegated to ACDEH by the SWB by contract and includes the authority to require property owners and responsible party(ies) to investigate and cleanup (also called remediate) petroleum fuel and byproducts that have leaked from USTs. ACDEH oversight costs are paid by the SWB under contract. ACDEH collaborates with both the SWB and with the San Francisco Bay Regional Water Board (RWB) to ensure protection of human health and safety and the protection of the environment.

The SWB operates an UST Clean-Up Fund to assist eligible petroleum UST owners and operators with soil and ground water "clean-up" cost reimbursement of up to $1,500,000. Deductibles may apply, and only reasonable and necessary expenses are reimbursed. Information can be obtained from the SWB's Underground Storage Tank Cleanup Fund Program website.

Site Cleanup Program (SCP)

Releases of other types of hazardous materials from underground storage tanks or other releases and/or spills that have contaminated soil, soil vapor, and/or groundwater may be regulated by ACDEH under the Site Cleanup Program (SCP), RWB or by the Department of Toxic Substances Control (DTSC).

ACDEH under LOP's SCP oversees the cleanup of contaminated property under authority of Health and Safety Code Sections 101480 through 101490, which provide that a Responsible Party (RP) for a release site or an entity redeveloping a site, may request ACDEH oversight for a site investigation and any remediation necessary to mitigate the site under a voluntary remedial action agreement (PDF). Once the signed agreement is received, ACDEH is required to notify the Department of Toxic Substances Control (DTSC) and San Francisco Bay Regional Water Board (RWB) to determine if these agencies have regulatory involvement with the site. If no concerns are raised by the State agencies, an ACDEH case manager will oversee the investigation and/or remediation of your site. ACDEH oversight costs are paid by the property owner, responsible party, or entity performing site redevelopment.

To determine whether your site can be accepted into the ACDEH's SCP, complete and submit the Request for Preliminary Site Review for Oversight Determination application (Word) along with the site review fee. An ID number will be established in the State Water Board's GeoTracker website and all technical reports (in PDF format) describing the environmental conditions for the site must be uploaded to GeoTracker. ACDEH will review the submitted documentation and make a determination whether an SCP case is required.

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