75C - PH - THE BOWERY - Laserfiche WebLink

Home Browse Search

there are no detectable levels of Volatile Organic Compounds (VOC) in soil gas, and the levels of VOC in soil do not exceed residential use standards (Draft EIR page 5.7-9). As described in Response 13, hazardous substances would be remediated during Project excavation and grading activities as required by DTSC, California Integrated Waste Management Board, RWQCB, OCFA, and the OCHCA for residential uses. Thus, with compliance with existing regulations as implemented through the City's permitting process and Mitigation Measure HAZ-1, the Project would safely remove the existing hazardous materials and improve the environment of the Project site. The Soil Management Plan (SMP) required by Mitigation Measure HAZ-1 would detail hazardous materials excavation and disposal methods and requirements pursuant to the regulation of Title 8 of the California Code of Regulations (CaIOSHA) and DTSC regulations for the removal, transportation, and disposal of hazardous waste that are designed to protect human health and the environment, including construction workers on the site. In addition, as describe on Draft EIR page 5.7-2, the federal Occupational Safety and Health Act Safety and Health Regulations for Construction (29 CFR Part 1926.65 Appendix C) contains requirements for construction activities, which include occupational health and environmental controls to protect worker health and safety. The guidelines describe the health and safety plan(s) that must be developed and implemented during construction, including associated training, protective equipment, evacuation plans, chains of command, and emergency response procedures. In addition, CalOSHA requires preparation of an Injury and Illness Prevention Program (IIPP). Compliance with OSHA and CalOSHA regulations would maintain worker safety related to the removal and disposal of contaminated soils. Adherence to Mitigation Measure HAZ-1 would implement a site specific a SMP that includes hazard -specific OSHA and Cal/OSHA regulations. Thus, adequate mitigation measures are identified that would protect both the environment and construction workers. As required by CEQA, the Section 5.7.3, Environmental Setting, provides a description of the former uses on the Project site and the potentially existing hazardous materials that are on the Project site. The Draft EIR further evaluates the potential of the Project to result in environmental impacts related to this existing condition. Previous remediation activities on the site are described in Appendix F of the Draft EIR. In addition, as described in Response to Comment 12, the Project site is not on the Cortese List and the Project would not result in the site being included on the Cortese List. Conversely, the Project would safely remove the existing hazardous materials and meet residential standards pursuant to existing regulations that would be ensured through Project permitting. Commenf IS: This comment asserts that the EIR fails to provide a good faith reasoned response to comments from DTSC and provides a summary of CEQA requirements related to response to comments through references to case law and statutes. The comment further asserts that the response to the DTSC request for GeoTracker information is inadequate, that the site should be identified as on the Cortese list and that it should be described if the Project site was remediated to meet the residential land use cleanup goals. Response 15: As described previously in Responses to Comments 12 and 13, the Project site is not on the Cortese List and the DTSC did not state that the Project is on the Cortese List. The DTSC comment requested additional information be provided from the RWQCB GeoTracker database, which was provided in response. In addition, as described previously in Responses the Project would safely remove the existing hazardous materials and meet residential standards pursuant to existing regulations that would be ensured through Project permitting. 75C-113