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City of swu Ana -The Bowery <br />May 11, 2020 <br />Page 8 of 28 <br />2. Recirculation is Required to Give the Public an Oppartunily to <br />Review and Comment Upon Siguificant New Information <br />Concerning On -Site Qnilamination <br />The FEIR acknowledges that the DEIR falsely claimed that the Project Site is listed as <br />a hazardous material site. (FEIR at 2-3) The FFJR also acknowledges that the DEIR <br />failed to discuss the fact that "the Project Site may be located within a groundwater <br />basin that is impacted by volatile organic compounds." (FEIR at 2-4) The DEIR fails <br />to disclose "OCHA investigation data and potential risk to future receptors associated <br />with groundwater contamination" at the Project Site. (FFiIR at 2-4) The failure of the <br />DEIR to include this information was an unlawful omission of information that <br />requires revision and recirculation since the DEIR was fundamentally and basically <br />inadequate. <br />The City Failed 10 C.OnSnll With the California DeParlmeni <br />of'I'oxic SnbSIAIICC5 Cbnlrol as a Responsible Agency, <br />Rendering the Project's CEQA Process Lntirety Defective <br />and Requiring Revision and Recirculation of the Pro ores <br />Draft Environmental Impact Report <br />Section 21080.4(a) of the Cal. Public Resources Code requires that a lead agency upon <br />determining that a CEQA environmental impact report is necessary for a project, <br />notify all responsible agencies, the Office of Planning and Research ("OPR") and <br />trustee agencies. Within 30 days of receiving notice, a responsible or trustee agency is <br />expected to provide "environmental information related to the responsible or trustee <br />agency's area of statutory responsibility that must be iucâ–ºuded in the draft EIR" <br />(Guidelines Section 15082(b) (emphasis added). see also Guidelines Section <br />15096(b)(2).) <br />However, not only did the City not consult the California Department of Toxic <br />Substances Control ("DTSC' concerning tie FEIR, but the City failed to consult my <br />responsible agencies whatsoever_ The FRI R concedes that DTSC as %ell as the <br />Califomia Integrated Waste Management Board, Santa Ana Regional Water Quality <br />Control Board, Orange County Fire Authority and the Orange County I icalth Care <br />Agency are all responsible agencies for the Project pursuant to Mitigation Measure <br />HA9-F and should have heen consulted prior to release of the environnmmenta] impact <br />report. (FEIR at 2-8) <br />75C-128 <br />