§ 69105. Sampling for Lead in Soil.

(a) The school district may choose to submit sampling data for lead in soil in one of the following reports: (1) the Phase I Addendum; or (2) the Preliminary Endangerment Assessment, in accordance with subsections (b) through (h) below:

(b) Lead-based paint evaluation.Unless the Department determines that lead in soil is not a concern based on review of the Phase I, soil samples shall be collected for any structures on the Proposed School Site with paint or surface coatings, with the exception of residential structures constructed on or after January 1, 1979, and schools constructed on or after January 1, 1993, to evaluate possible lead in soil.

(c) Prior to demolition of structures or removal of foundations or slabs, or movement of soils on the Proposed School Site, pre-demolition sampling for lead in soil shall be implemented in accordance with the following protocols:

(1) Sample collection. Surface soil samples (zero to six inches) shall be collected from around the perimeter of the structures, in areas with the highest potential for lead deposits (such as under windows, doors, porches, fences and stairs, and in drainage areas). If concrete or asphalt borders a structure, surface soil samples (zero to six inches) shall be collected from the nearest unpaved areas where associated run off may collect. The Department may require collection of samples from underneath existing paved areas, based upon the history of the site. The Department shall be consulted to determine the number and location of samples necessary to adequately evaluate possible lead in soil at the Proposed School Site.

(2) Additional sample collection.If lead is detected in soil samples, the Department may require additional step-out samples on the Proposed School Site to determine the horizontal and vertical extent of contamination.

(d) If demolition of structures has occurred, but foundations or slabs are present and the site has not been graded, post-demolition sampling for lead in soil shall be implemented in accordance with the following protocols:

(1) Sample collection. Surface soil samples (zero to six inches) shall be collected from two sets of sampling locations around the perimeter of the former structures. The first set should be collected in areas with the highest potential for lead deposits (such as under pre-existing windows, doors, porches, doors, fences and stairs, and in drainage areas). The second set should be collected at the extent of soil disturbed by removal of demolition debris. If concrete or asphalt borders a structure, surface soil samples (zero to six inches) shall be collected from the nearest unpaved areas where associated run off may collect. If soil is exposed within the footprints of former structures, surface soil samples (zero to six inches) shall be collected within the footprints. The Department may require collection of samples from underneath existing paved areas, based upon the history of the site. The Department shall be consulted to determine the number and location of samples necessary to adequately evaluate possible lead in soil at the Proposed School Site.

(2) Additional sample collection. If lead is detected in soil samples, the Department may require additional step-out samples on the Proposed School Site to determine the horizontal and vertical extent of contamination.

(e) If demolition of structures, removal of foundations or slabs, or movement of soil on the Proposed School Site has occurred, post-demolition sampling for lead in soil shall be implemented in accordance with the following protocols:

(1) Sample collection. The Proposed School Site shall be divided into grids as determined in consultation with the Department, and surface (zero to six inches) and subsurface (two to three feet) soil samples shall be collected from the center of each grid.

(2) Additional sample collection. If lead is detected in soil samples, the Department may require additional step-out samples on the Proposed School Site to determine the horizontal and vertical extent of contamination.

(f) Sample analysis. Soil samples shall be analyzed for lead using USEPA Test Methods, and may include laboratory and on-site field analyses for lead in soil using portable X-Ray Fluorescence (XRF) instrumentation. The uppermost soil from the core (closest to ground surface) shall be analyzed.

(g) Laboratory quality control. Quality Control (QC) procedures specified in USEPA Test Methods shall be followed. The data shall be qualified in accordance with the National Functional Guidelines cited in section 69103, subsection (a)(4) and USEPA guidance cited in section 69103, subsection (a)(5).

(h) Data Submission. Data identifying concentrations of lead detected in soil samples collected from the Proposed School Site shall be submitted to the Department.

HISTORY

1. New section filed 9-3-2002 as an emergency; operative 9-3-2002 (Register 2002, No. 36). A Certificate of Compliance must be transmitted to OAL by 1-2-2003 or emergency language will be repealed by operation of law on the following day.

2. Certificate of Compliance as to 9-3-2002 order, including amendment of subsection (a), transmitted to OAL 12-26-2002 and filed 2-10-2003 (Register 2003, No. 7).

3. Amendment of section heading and section filed 7-18-2007; operative 7-18-2007 pursuant to Government Code section 11343.4 (Register 2007, No. 29).

Note

Note: Authority cited: Section 58012, Health and Safety Code; and Section 17210(g), Education Code. Reference: Sections 17210(g) and 17213.1, Education Code.