DTSC has a binding agreement with the California Department of Transportation (Caltrans) for the management of lead-contaminated soil (ADL) that is unearthed by Caltrans during highway construction projects (arrangement). These activities were previously covered by a derogation from certain hazardous waste rules between 1996 and June 30, 2016. In July 2015, SDR decided to move from a waiver to this new agreement to ensure the protection of human health and the environment. The agreement requires that all soils contaminated with ADL be properly exploited with a lead concentration greater than the total use of Caltrans (currently 80 mg/kg). The agreement will apply to existing and new Caltrans projects as of July 1, 2016. The derogation, which previously included the management of ADL-contaminated soils unearthed as part of Caltrans road improvement projects, ended on June 30, 2016. The management activities to which this agreement generally applies are the storage, disposal, monitoring, transportation and final placement of LDA-contaminated soils. DTSC will monitor compliance with the agreement and monitor highway improvement projects that will reuse LDL-contaminated soil. 6 Caltrans submitted a swmp proposal on 23 November 2015, which must be approved by the State Water Resources Control Board and which, as required by the SWMP licensing system, is fully applicable by the State Water Board and nine regional water authorities. Surface waters receive additional protection where there are potential impacts of projects under the jurisdiction of the Coastal Commission (or designers) and/or the California Department for Fish and Wildlife (DFW). Caltrans has partnership agreements with these agencies and they are involved at an early stage in the process of developing the closures of transport projects.
The Coastal Commission is a regulatory program certified under CEQA and DFW is a fiduciary agency serving the CEQA. As regulators, the CEQA both requires them to review projects within their jurisdiction. When a transportation project is proposed within the California Coastal Zone, the California Coastal Act (section 30600) provides that each activity, which corresponds to the definition of 3 1 2 3 3 4 5 6 7 8 8 10 11 12 13 13 13 14 15 16 17 17 18 18 20 21 21 21 22 22 23 24 25 26 27 28 development, requires a coastal development authorization or verification of a waiver or exemption.