Reasons for Exemption
The proposed action is Categorically Exempt (Class 1) from the provisions of CEQA pursuant to Section 15301 of the CEQA Guidelines, since Class 1 (Existing Facilities) consists of the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographic features, involving negligible or no expansion of use beyond that existing at the time of the lead agency’s determination. The proposed action is also Categorically Exempt (Class 8) from the provisions of CEQA pursuant to Section 15308 (Actions by Regulatory Agencies for Protection of the Environment), since Class 8 consists of actions taken by a public agency for the protection of the environment. The proposed action is also Categorically Exempt (Class 11) from the provisions of CEQA pursuant to Section 15311 (Accessory Structures), since Class 11 consists of construction or replacement of minor structures accessory to (appurtenant to) existing commercial, industrial, or institutional facilities. This action will allow for approval of a Contract for mobile flare thermal oxidizer services to supplement the existing landfill gas collection systems at OCWR’s three active landfills to prevent or mitigate compliance issues in the event of an unexpected issue or breakdown with the system preventing normal function, which is consistent with a Class 1, Class 8, and Class 11 Categorical Exemption determination.