2.
Response
to
Comments
2.9
Individual
Responses
to
Comments
from
Organizations
operating
as
designed,
and
no
exposure
to
human
or
environmental
receptors
is
occurring
(Geosyntec,
2010).
Table
4.G-2
presents
the
maximum
reported
concentrations
of
chemical
compounds
in
the
leachate
wells.
Those
chemical
compounds
not
included
in
this
table
were
not
detected
above
the
laboratory
reporting
limits.
The
Maximum
Contaminant
Level
for
California
drinking
water
is
provided
for
context,
but
it
should
be
noted
that
groundwater
is
not
used
for
domestic
water
supply
in
Brisbane,
and
thus
cleanup
levels
ultimately
approved
by
the
Regional
Water
Quality
Control
Board
may
not
reflect
drinking
water
standards.
See
for
discussion
of
groundwater
cleanup
standards.
As
part
of
its
requirements
for
Title
27
landfill
closure,
the
RWQCB
will
review
the
adequacy
of
the
existing
leachate
collection
and
control
system
to
prevent
leachate
from
spreading
and
exceeding
regulatory
standards.
Based
on
that
determination,
the
RWQCB
will
set
specific
requirements
for
needed
upgrades,
expansions,
or
replacement
of
the
existing
leachate
system.
As
discussed
while
the
City
of
Brisbane
has
land
use
authority
over
the
Baylands
Project
site,
the
State
of
California
Environmental
Protection
Agency,
Regional
Water
Quality
Control
Board,
and
Department
of
Toxic
Substances
Control,
as
well
as
the
San
Mateo
County
Health
System
have
regulatory
authority
over
the
remediation
of
and
as
well
as
Title
27
landfill
closure
regulatory
oversight
pursuant
to
State
law
and
Corrective
Action
Orders
enforceable
by
State
law
with
non-compliance
punishable
by
substantial
monetary
fines.
See
5.
Regarding
the
City’s
ability
to
require
mitigation
measures,
CEQA
confers
no
independent
grant
of
authority
to
impose
mitigation
measures
on
a
project.
Therefore,
when
imposing
measures
to
mitigate
a
project’s
significant
environmental
effects,
a
lea
d
agency
may
exercise
only
powers
provided
by
legal
authority
independent
of
CEQA,
i.e.,
the
measure
may
not
exceed
the
agency’s
statutory
or
constitutional
authority.
Thus,
the
City
of
Brisbane
does
not
have
the
regulatory
authority
to
approve
cleanup
standards
or
the
power
to
require
“higher”
cleanup
standards
than
those
required
under
State
law
without
substantial
evidence
demonstrating
the
need
to
do
so
to
protect
public
health
and
safety,
as
discussed
5.
As
stated
in
the
Draft
EIR,
cleanup
levels
approved
by
the
RWQCB
may
not
reflect
drinking
water
standards
because
groundwater
is
not
used
for
domestic
water
supply
(drinking
water)
in
Brisbane.
See
for
discussion
of
groundwater
cleanup
standards.
Brisbane
Baylands
Final
EIR
2.9.1-46
May
2015