The California State Resources Control Board has developed criteria and tools for case closure of leak cases that are considered “low risk” or “low threat”. These criteria can be used to demonstrate that many leak cases can be closed usually with a deed restriction. Although deed restrictions limit some activities that can be conducted on a given Property, if the Property use will remain as commercial/industrial, the closure can allow the Property to be sold or refinanced. The closure process is implemented locally by the Regional Water Quality Control Boards (RWQCB). Links to the policy documents are provided below.

ERAS has recently worked with the RWQCB to close sites in Santa Clara and Sunnyvale based on the Low Threat Closure Assessment Tool for VOC (solvent) leak sites. The closure policies are being considered for applicability for a fuel leak case in San Jose (Photo above shows UST fill pipe inside sidewalk at the San Jose site, a REC) and for a chemical leak site in Richmond.

Recommendations - ERAS recommends that you contact us to evaluate your Property for the applicability of low threat closure. We might recommend a Technical Review or Regulatory Review project depending on the history and complexity of the leak case.

Petroleum Case Closure - http://www.waterboards.ca.gov/board_decisions/adopted_orders/resolutions/2012/rs2012_0016atta.pdf

Solvent Case Closure http://www.waterboards.ca.gov/sanfranciscobay/water_issues/programs/sitecleanup/Low_Threat_Closure_Assessment_Tool.pdf