California Department of Resources Recycling and Recovery (CalRecycle) 

LEA Advisory #56—November 4, 1998

Attachment 4—Recording Deed Restrictions for Burn Dumps Remediated in Place

Section 25220 of the Health and Safety Code is used by the Department of Toxic Substances Control (DTSC) for recording restrictions for hazardous waste sites and section 21170 of Title 27 of the California Code of Regulations (27 CCR) is used by Local Enforcement Agencies (LEA) for recording deed restrictions for landfills. Based on procedures in these sections and the procedures contained in this advisory the following guidelines have been developed for remediation of burn dumps in place and recording deed restrictions.

Site Investigation

  • Obtain the assessor’s parcel number, address, legal description of the parcel, owner’s name and address, and a boundary survey map.
  • Determine the extent, thickness, and constituents of the burn ash. (Use existing investigations and/or perform field surveying, drilling, sampling and analysis.)
  • Prepare a record map that includes boundary survey information (or modify the existing boundary survey map). Map scale should not be more than 1"=200’. Show the existing areas of burn ash tied to property boundaries and provide topographical/drainage information on and around the site needed to estimate grading and construction permit requirements.
  • Note the assessor’s parcel number on the record map.
  • Incorporate the above information and map in the Site Investigation Report.

Construction Completion

  • Update the Record Map to show the as-built location of the burn ash tied to property boundaries, type and thickness of the soil cover, final topography and drainage (including new/modified drainage structures), fencing plan and type, and other pertinent details.
  • Include on the Record Map the date of remediation and a brief summary of remediation performed (e.g., tons of solid waste recycled or landfilled, description of burn dump remediation, erosion control, and fencing).
  • Make known on the Record Map the hazardous properties of the burn ash and the postclosure land use (PCLU) restrictions necessary to maintain the integrity of the soil cover. For example, the following language might be used if the burn ash is classified as a hazardous waste:

The covered burn ash contains metal substances classified as hazardous in California Code of Regulations, Title 22 (see [fill in the name of the Report] dated [fill in the date] for laboratory analysis of burn ash). Postclosure land use shall be restricted to activities that will not result in penetration of the soil cover or exposure of the burn ash (e.g., non-irrigated open space), and shall exclude construction of buildings and structures over the burn dump area. Proposed land uses that violate these restrictions shall require the proponent to apply to the [fill in the name of the Local Enforcement Agency] for removal of land use restrictions, and to the Department of Toxic Substances Control for a variance or removal of land use restrictions pursuant to section 25233 or 25234 of the California Health and Safety Code.

If the burn ash is classified as a non-hazardous waste the following language might be used:

The covered burn ash contains metal substances classified as non-hazardous in California Code of Regulations, Title 22 (see [fill in the name of the Report] dated [fill in the date] for laboratory analysis of burn ash). Postclosure land use shall be restricted to activities that will not result in penetration of the soil cover or exposure of the burn ash (e.g., non-irrigated open space), and shall exclude construction of buildings and structures over the burn dump area. Proposed land uses that violate these restrictions shall require the proponent to apply to the [fill in the name of the Local Enforcement Agency] for a removal of land use restrictions.

  • Notify the appropriate city/county planning and building department to file the Record Map and require any proponent requesting a land use differing from the filed PCLU to apply to DTSC.
  • Include a copy of the notification to the Planning and Building Department and the Record Map in the Construction Completion Report.

Advisory 56

Please note: These LEA advisories are retained for historical purposes. Over time, some information and links on these pages may become dated and/or inaccurate.

LEA Advisories, http://www.calrecycle.ca.gov/LEA/Advisories/
Martin Perez: Martin Perez (916) 323-0834