2.
Response
to
Comment
2.4
Master
Responses
to
Comments
In
response
to
comments
received
on
the
Draft
EIR,
the
City
retained
Susan
Mearns,
Ph.D.,
to
once
again
review
the
characterization
studies
cited
in
the
Draft
EIR,
the
2012
Geosyntec
summary
report,
and
all
comments
on
the
Draft
EIR
critiquing
those
studies
and
the
discussion
of
hazardous
materials
in
the
Draft
EIR.
Dr.
Mearns
concluded
that
each
of
the
studies
cited
in
the
Draft
EIR
and
the
2012
Geosyntec
summary
report
were
prepared
consistent
with
industry
standards
at
the
time
they
were
prepared.
While
these
studies
were
prepared
at
different
times,
for
different
areas
of
the
site,
for
different
purposes,
and
with
different
methodologies,
together
these
studies
paint
an
accurate
overall
picture
of
onsite
contamination
within
the
Baylands
that
is
adequate
for
use
in
the
Baylands
EIR,
recognizing
that
both
the
land
use
planning
and
site
remediation
processes
are
in
their
early
stages.
The
hazardous
materials
studies
that
have
been
prepared
for
the
Baylands
paint
an
overall
picture
of
a
contaminated
site
for
which
landfill
closure
and
remediation
of
the
former
railyard
are
required
prior
to
physical
development
within
those
areas
is
permitted.
None
of
the
studies
have
identified
contaminants
or
concentrations
of
contamination
that
would
indicate
the
Baylands
project
site
is
inappropriate
for
land
development
subsequent
to
completion
of
landfill
closure
and
site
remediation
under
the
regulatory
authority
of
the
RWQCB
and
DTSC.
Furthermore,
pursuant
to
EIR
Mitigation
Measure
4.G-2a,
closure
and
site
remediation
plans
must
be
completed
to
the
satisfaction
of
the
RWQCB
and
DTSC
prior
to
adoption
of
any
specific
plan
by
the
City.
As
discussed
in
detail
in
Master Response 13,
regulatory
authority
for
preparation
of
Title
27
landfill
closure
plans
and
remedial
action
plans
for
OU-1
and
OU-2
rests
with
the
RWQCB
and
DTSC.
As
part
of
the
review
process
for
those
plans,
the
RWQCB
and
DTSC
will
review
all
studies
in
relation
to
their
use
in
determining
human
health
risks,
risk-based
remediation
goals,
and
Title
27
landfill
closure
design.
Thus,
the
City’s
determination
regarding
the
adequacy
of
existing
hazardous
materials
studies
for
use
in
the
Baylands
EIR
addresses
only
their
use
in
the
programmatic
EIR
for
determination
of
appropriate
land
uses,
and
does
not
forestall
a
requirement
for
additional
characterization
studies
as
part
of
the
landfill
closure
and
remediation
review
and
approval
process.
2.4.16
Master
Response
16,
Hazards
and
Hazardous
Materials:
Liability
in
Relation
to
Potential
Hazards;
Indemnification
of
the
City
from
Possible
Future
Loss
of
Property
of
Use
Comments
Several
comments
expressed
concern
that
the
City
of
Brisbane
would
incur
liability
for
approving
development
within
the
former
landfill
or
within
OU-1
and
OU-2.
Response
The
property
owner
holds
the
environmental
liability
under
the
federal
Comprehensive
Environmental
Response,
Compensation
and
Liability
Act
of
1980,
as
amended,
42
U.S.C.A.
Brisbane
Baylands
Final
EIR
2.4-45
May
2015
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