VII. Environmental Matters
The California Environmental Quality Act ("CEQA", Public Resources Code Section 21000 et seq.) requires that an agency consider the environmental consequences of its actions before it makes a discretionary decision.11
Verizon states that the sale of the Property involves a change in ownership of an already developed property that will continue to be used by the buyer for administrative and general purposes. Because the transaction contemplates no change in the current use of the Property, Verizon states that review under CEQA is not implicated. According to Verizon, the sole environmental effect arising from the sale involves the removal of a small underground fuel tank and associated equipment located at the vehicle maintenance building on the
Property. The County of Ventura's Environmental Health Division will oversee this tank removal. Verizon states that the tank removal is categorically exempt from CEQA pursuant to § 15330 of the CEQA Guidelines.12 Based on these circumstances, Verizon maintains that the sale will have no significant adverse effect on the environment, and falls within an exemption to CEQA.13
We do not agree that CEQA is not implicated by the transaction. Although the property will continue to be used consistent with the existing use of the facility, the contemplated fuel tank removal suggests the possibility that the activity may have a significant effect on the environment. Nevertheless, in this case the fuel tank removal is designed to prevent any release of hazardous materials, is expected to cost less than $1 million, and will be overseen by Ventura County officials. Thus, we find the fuel tank removal falls under the CEQA exemption described in § 15330 as long as it is consistent with applicable state and local environmental permitting requirements.14
11 See Public Resources Code § 21065 and 14 California Code of Regulations (CCR), CEQA Guidelines, § 15378. 12 See 14 CCR § 15330, which exempts minor actions costing up to $1 million that are taken to eliminate the threat of release of a hazardous waste or substance and are consistent with applicable state and local environmental permitting requirements. 13 See Rule 17.1(d)(1) and 14 CCR § 15061(b)(3). 14 CEQA Guideline Section 15330 comprises the Class 30 categorical exemptions from CEQA and provides an exemption for minor actions to prevent, minimize, stabilize, mitigate or eliminate the release of hazardous waste or hazardous substances which are small or medium removal actions costing $1 million or less.
