Policy
It is Caltrans policy to avoid contaminated properties, have responsible parties accept responsibility for remediation, and seek reimbursement from responsible parties when remediation and/or monitoring must be conducted. All properties, including those acquired by an implementing agency, shall be investigated for contamination before being considered for incorporation into the State right of way. Property containing or potentially containing contamination shall only be acquired or accepted if the benefits and risks are documented, available risk reduction mechanisms are employed, and a policy exception is approved by Department management using criteria established by the Department’s Chief Engineer. Download the Contaminated Property Directive - PD-02 (PDF) (633 KB; 03/2009).
Exception Policy for Acquisition of Contaminated Properties
In exceptional situations where it is determined that the benefits of acquiring contaminated property outweigh the risks and the property must be acquired in order for a project to proceed, acquisition of contaminated property may occur only after approval by the Caltrans District Director. When contamination risks exceed the Headquarters Chief Engineer's criteria, the Headquarters Chief Engineer must approve the exception. Approval may occur only after an adequate site investigation of the property has been conducted, the cost of the remediation has been considered in the appraisal and acquisition process, and potential impacts to the project and to the State are adequately understood. In these cases every effort must be made to avoid acceptance of legal liability and responsibility for the cost of cleanup.
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