Tyco, previously known as Raychem is an electronic manufacturer. Raychem had a hazardous waste facility permit and closed its hazardous waste management units. DTSC has been overseeing corrective action at Tyco under a corrective action consent agreement. The main contaminant is PCBs. Soil removal was completed to industrial levels. LUC has been entered into and filed with County. Tyco is currently conducting long term groundwater monitoring.
Deed Restriction / Land Use Covenant:
[VIEW COVENANT] 1/19/2007 For some strange reason, the state website does not list the site management requirements but if you click on the View Covenant you can read what is required, this is a deed restriction.
1.2. Raychem Corporation, the Covenantor’s predecessor, manufactured hightechnology plastic and electrical insulation products. It also engaged in management of hazardous waste pursuant to a hazardous waste facility permit issued by the California Department of Health Services, the predecessor agency of the Department. The hazardous waste facility permit allowed Raychem Corporation to operate a wastewater treatment system, a hazardous waste storage yard and a potassium ferrocyanide tank farm. On January 9, 1997, the Department approved the closure activities of the aboveground portions of these hazardous waste management units. Raychem Corporation proceeded with corrective action under the Department’s oversight to address the release of hazardous waste in soil and groundwater. Raychem merged with the Covenantor in 1999. The Covenantor has conducted corrective action at the Property under the Department’s oversight, including removal of contaminated soil, installation of an engineered multi-media cap over an area of subsurface contamination and groundwater monitoring.
1.3. As a result of historical operations at the Property, certain hazardous materials, including volatile organic compounds, semi-volatile organic compounds, PCBs, dioxins and dibenzofurans were released into the soil and groundwater at the Property. The two highest concentrations for the remaining PCBs are 2,100 mg/kg at 16 feet below the ground surface and 2,600 mg/kg at 12 feet below the ground surface. Based on the result of the corrective action conducted by the Covenantor, the Department has determined that the Property has been remediated to a level that is acceptable for commercial and industrial use, but not for residential use.
4.1. Prohibited Uses. The use of the Property shall be restricted for commercial and industrial purposes only. The Property shall not be used for any of the following purposes:
(a) A residence, including any mobile home or factory-built housing, constructed or installed for use as residential human habitation.
(b) A hospital for humans.
(c) A public or private school for persons under 21 years of age.
(d) A day care center for children.
4.2. Soil Management
(a) Activities that will disturb the soil, such as excavation, grading, removal, trenching, filling, earth movement or mining, shall only be permitted on the Property pursuant to a Soil Management Plan and a Health and Safety Plan as approved by the Department.
(b) Any contaminated soil brought to the surface by grading, excavation, trenching, or backfilling shall be managed in accordance with all applicable provisions of state and federal laws.
4.3. Prohibited Activities. The following activities shall not be conducted at the Property:
(a) Raising of cattle, food crops or agricultural products.
(b) Drilling for drinking water, oil, or gas.
(c) Extraction of groundwater for purposes other than ground water monitoring, site remediation or construction dewatering.
(d) Any activity that may disturb or adversely affect the integrity of the engineered cap, as shown on the map and described in the property description attached to this Covenant as Exhibits B-1 (Map) and B-2 (Legal Description). Paving and non-tree landscaping over the engineered cap is permitted so long as such surfacing does not disturb or adversely affect the integrity of the engineered cap or interfere with any remedy or operation and maintenance activities required for the Property.
(e) Any activity that may interfere with the operation and maintenance of the groundwater monitoring wells that are required as part of the Department approved remedy for the Property without the written approval of the Department and U. S. EPA.