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Appendix C: Applicable or Relevant and Appropriate Requirements Geosyntec Consultants Rough and Ready Island, Site 47 Port of Stockton Governing Body Type Applicable Media Requirement or Guideline Citation Description Comment State/ ARAR Determination Ground and Soil Agency Federal Local Chemical Location Action Soil Surface Water Vapor Land Use Controls HSC 25220 et seq. Authorizes DTSC to enter into an agreement with a Substantive provisions at 22 CCR 25202.5,25223, DTSC X Relevant and X land owner to restrict the present and future use of 25223(c),25224,and 25355(a)(1)(c)are relevant and appropriate land.The relevant city or county planning and appropriate for alternatives that keep contaminants on- building departments shall file the recorded land use site at levels considered hazardous. restrictions in the property files and require that anyone requesting a change in land use apply for a variance to remove the land use restrictions. Land Use Covenants(LUC) 22 CCR 67391.1 Provides the requirements for land use covenants Relevant and appropriate for alternatives that keep DTSC X Relevant and X X when contaminants will remain on land at levels that contaminants on-site at levels considered hazardous. appropriate are not suitable for unrestricted use of land.LUCs The existing LUC,which was established in the 2003 remain with the property,if transferred,and will apply Consent Agreement,may be reviewed and/or revised to successive land owners. following remedy implementation. California Hazardous Waste Control Law 22 CCR 69021 Identifies chemical-specific toxicity criteria to be used Applicable to human health risk assessments,human DTSC X Applicable X X in human health risk assessments,human health risk- health risk-based screening levels,and human health based screening levels,and human health risk-based risk-based remediation goals(cleanup levels)for soil. remediation goals(cleanup levels). Migratory Bird Treaty Act 16 USC 703-712; Protects almost all species native migratory birds in Relevant and appropriate because migratory birds have USC X Relevant and X list of protected birds in 50 CFR 10.13 the United States from unregulated intake,which may been observed at RRI and Site 47. appropriate include poisoning at hazardous wastes sites.Birds covered are included in four treaties between the United States and Canada,Mexico,Japan,and Russia. Abbreviations: ARAR=Applicable or Relevant and Appropriate Requirement CCR=California Code of Regulations CFR=Code of Federal Regulations CVRWQCB=Central Valley Regional Water Quality Control Board CWA=Clean Water Act DTSC=Department of Toxics Substances Control FGC=Fish and Game Code HSC=Health Safety Code LUC=land use covenant RCRA=Resource Conservation and Recovery Act RD=remedial design RRI=Rough and Ready Island SJVAPCD=San Joaquin Valley Air Pollution Control District USC=United States Code USEPA=United States Environmental Protection Agency Page 2 of 2