2 - EIR18-01;DA18-01; GPA18-06; AA 18-10_2525 N. Main Streets

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EXHIBIT A Resolution No. _____ Page 14 of 71 Certification of the Magnolia at the Park EIR required by DTSC, California Integrated Waste Management Board, RWQCB, OCFA, and the Orange County Health Care Agency (OCHCA). As a result, Mitigation Measure HAZ-1 has been required to reduce the potential risks related to accidental release and exposure of people and the environment to the contaminated soils. Due to the existence of hazardous materials within on-site soils, Mitigation Measure HAZ-1 would be implemented to reduce the potential risks related to accidental release and exposure of people and the environment to these hazardous materials. Mitigation Measure HAZ-1 requires that a qualified consultant prepare a Soil Management Plan (SMP) to be used by construction workers to remove and dispose of the areas of arsenic impacted soil. Mitigation Measure HAZ-1 requires excavation of contaminated soils be completed pursuant to existing DTSC and RWQCB requirements, soils sampling ensure all contaminated soils are removed, and that a certified hazardous waste hauler remove and transport all arsenic impacted soil and other potentially hazardous materials per California Hazardous Waste Regulations to a landfill permitted by the state to accept hazardous materials. Excavated soil containing hazardous substances would be classified as a hazardous waste if they exhibit the characteristics of ignitability, corrosivity, reactivity, or toxicity (CCR, Title 22, Division 4.5, Chapter 11, Article 3). The SMP would detail hazardous materials excavation and disposal methods and requirements pursuant to the regulation of Title 8 of the California Code of Regulations (CalOSHA) and Department of Toxic Substances Control (DTSC) that regulates the removal, transportation, and disposal of hazardous waste to protect human health and the environment. With implementation of Mitigation Measure Haz-1 impacts related to hazards of the onsite contaminated soils would be less than significant. Mitigation Measure HAZ-1: Prior to issuance of a grading permit, a Soil Management Plan (SMP) shall be prepared by a qualified hazardous materials consultant and shall detail procedures and protocols for excavation and disposal of onsite hazardous materials, including: • A certified hazardous waste hauler shall remove all potentially hazardous soils. Excavation of contaminated soils shall be to the depth of approximately 0.5 feet below the existing ground surface in areas identified as having arsenic impacted soils. In addition, sampling of soil shall be conducted during excavation to ensure that all arsenic impacted soils are removed, and that residential Environmental Screening Levels (ESLs) for residential uses are not exceeded. Excavated materials shall be transported per California Hazardous Waste Regulations to a landfill permitted by the state to accept hazardous materials. • Any subsurface materials exposed during construction activities that appear suspect of contamination, either from visual staining or suspect odors, shall require immediate cessation of excavation activities. Soils suspected of contamination shall be tested for potential contamination. If contamination is found to be present per the California Department of Toxic Substances Control (DTSC) or Regional Water Quality Control Board (RWQCB) ESLs for residential uses, it shall be transported and disposed of per California Hazardous Waste Regulations to an appropriately permitted landfill. • A Health and Safety Plan (HSP) shall be prepared for each contractor that addresses potential safety and health hazards and includes the requirements and procedures for employee protection. The HSP shall also outline proper soil handling procedures and health and safety requirements to minimize worker and public exposure to hazardous materials during construction. • All SMP measures shall be printed on the construction documents, contracts, and Project plans prior to issuance of grading permits. 2-50