Berkeley Properties Time Critical Removal Action


SCH Number
Public Agency
Department of Toxic Substances Control
Document Title
Berkeley Properties Time Critical Removal Action
Document Type
NOE - Notice of Exemption
Document Description
The Department of Toxic Substances Control (DTSC) approved the Time Critical Action for the Berkeley Properties (The Site). The Project activities consist of the excavation, removal and transport of approximately 3,200 bank cubic yards of impacted soil to an appropriate, permitted off-Site facility for disposal. In addition, groundwater encountered during excavation would be pumped out and disposed of before placement of in-situ reduction compound at the base of the excavation before backfilling.

Contact Information

Arthur Machado
Agency Name
Contact Types
Lead/Public Agency


San Francisco Bay Area
Other Location Info
2332 4th Street, 700 and 710 Bancroft Way, Berkeley

Notice of Exemption

Exempt Status
Categorical Exemption
Type, Section or Code
Class 30, Categorical Exemption Cal. Code Regs., Title 14, §15330
Reasons for Exemption
1. The project is a time critical action designed to prevent, minimize, stabilize, mitigate or eliminate the release or threat of release of hazardous waste or hazardous substances. 2. The project is a response action that will not exceed $1 million in cost. 3. The project does not involve the onsite use of a hazardous waste incinerator or thermal treatment unit or the relocation of residences or businesses and does not involve the potential release into the air of volatile organic compounds as defined in Health and Safety Code Section 25123. No County or Bay Area Air Quality permits are anticipated to be required for this project. 4. The project will be consistent with applicable state and local environmental permitting requirements: a. Cal/OSHA – Because no one will be entering the excavation, no permit is required. b. BAAQMD – Visible dust will be monitored and mitigated as-needed, but no permit is required. c. City of Berkeley –BTMD and the building department will be notified of the excavation activities, but no building or other permit is required since the digging is on private property and will be backfilled with no permanent construction occurring. d. DTSC – No permit or EPA Hazardous Waste Generator Identification Number is needed because hazardous waste is not anticipated. 5. The exceptions pursuant to Cal. Code Rags., title 14, § 15300.2 have been addressed as follows: a. Cumulative Impact. The project will not result in cumulative impacts because it is designed to be a short term, final remedy that would not lead to a succession of projects of the same type in the same place over time. b. Significant Effect. The environmental safeguards and monitoring procedures that are enforceable and made a condition of project approval will prevent unusual circumstances from occurring so that there is no possibility that the project will have a significant effect on the environment. c. Scenic Highways. The project will not damage scenic resources, including but not limited to, trees, historic buildings, rock outcroppings, or similar resources, because it is not located within view of a highway officially designated as a state scenic highway. d. Hazardous Waste Sites. The project is not located on a site which is included on any list compiled pursuant to Section 65962.5 of the Government Code. e. Historical Resources. The project is not expected to cause a substantial adverse change in the significance of a historical resource because none are anticipated.


Disclaimer: The Governor’s Office of Planning and Research (OPR) accepts no responsibility for the content or accessibility of these documents. To obtain an attachment in a different format, please contact the lead agency at the contact information listed above. You may also contact the OPR via email at or via phone at (916) 445-0613. For more information, please visit OPR’s Accessibility Site.

Download CSV New Search Print