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FEB211991 <br /> CAL <br /> Tµxsâ–șONTATION CO* 1UIOK <br /> AGREEMENT NO. FTA04A39 <br /> CALITORNIA TRANSPORTATION COMMISSION ATTACHMENT V <br /> - RESOLUTION G-91-2 Page 1 of 2 <br /> Ccmntission Policy Resolution for Hazardous Waste Identification <br /> and Cleanup for Rail Right-of-way <br /> WHEREAS, the Commission has programmed funding for rail right-of-way acquisition <br /> in the 1990 State Transportation Improvement Program and may allocate funds for <br /> rail right-of-way acquisition from the Clean Air and Transportation Improvement <br /> Act; and <br /> WHEREAS, hazardous wastes, based upon federal and state statutes and requlla;ions, . <br /> Include but are not limited to such categories as heavy metals, (e.g. , <br /> inorganic (e.q., excessive mineral levels) and organic compounds (e.g. , petroleum <br /> products) , and can occur on a property's surface and subsurface; and <br /> WHEREAS, rail properties often have hazardous wastes. exceeding State of <br /> California and federal hazardous waste standards; and <br /> .WHEREAS, such properties contaminated with hazardous wastes require mitigation <br /> prior to using them for rail purposes; and - <br /> WILIMEAS, hazardous wastes discovered on rail property may significantly impact <br /> property value, project scheduling and future liability for the grant <br /> and <br /> WHEREAS, the Commission must be assured that acquisition of rail properties have <br /> been fully reviewed by the grant applicant, and if warranted, the grant applicant <br /> has tested for hazardous wastes; and <br /> WHEREAS, if hazardous wastes exist, the Commission must be assured that the <br /> hazardous wastes identified has either been cleaned up, or financial <br /> responsibility for the cleanup has been determined prior to title transfer to the <br /> grant applicant, or easement has been secured in lieu of purchasing the property, <br /> and the subsurface rights and liability for hazardous wastes remain with the <br /> property seller; and . <br /> WHEREAS, hazardous wastes Identified subsequent to title transfer to the grant <br /> applicant will be cleaned up by the seller or a mechanises to recover cleanup <br /> costs is established and executed as a condition prior to title transfer; and <br /> wHEREAS, full due diligence Ls necessary in discovering hazardous waste and Ls an <br /> essential element in acquiring rail right-of-way properties by the grant <br /> applicant; and <br /> Ii <br /> NOW ERE g a RESOLVED, that acquisition all tail __ght-of-way <br /> OR.. 3E I: R.. <br /> rooerties will be fully investigated by the gran= applicant to determine the <br /> absence/presence of hazardous wastes. Investigations shall be conducted in <br /> accordance to the standards and practices of the local, state and/or federal <br /> regulatory agencies :raving jurisdiction and by personnel adequately trained is <br />