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LEA Advisory #22 June 1, 1995 Page 4 (2) The Lead Agency prepared environmental documents for the project, the following conditions occur: (A) Subsequent EIR is required pursuant to Section 15162, (B) The Lead Agency has granted a final approval for the project, and (C) The statute of limitations for challenging the Lead Agency action under CEQA has expired. (3) The Lead Agency prepared inadequate environmental documents without consulting the Responsible Agency as required by Sections 15072 or 15082, and the statute of limitations has expired for a challenge to the action of the appropriate Lead Agency. Section 15072 details the noticing requirements for review of a Negative Declaration. Section 15082 describes the Notice of Preparation procedures for an EIR.To summarize, if an LEA or the CIWMB determine a CEQA document that has been certified or adopted by the decision-making body is inadequate to support the approval of changes in design or operation, they must either: ■ Litigate (§15096[(e][1]) ■ Accept the inadequate document (§15096[e][2]) ■ Prepare an addendum (§15164, §15162) ■ Prepare a subsequent document (§15096[e][3], §15162) ■ Assume the role of lead agency and prepare a new document (§15096[e][4], §15052[a]) Please note that the CEQA Guidelines require that several factors must be present before a particular option is considered appropriate. The above cited CEQA Guidelines Sections should be consulted when determining which option is appropriate. Summary. When addressing CEQA issues associated with approval of changes in design and operation an LEA should follow these general steps. First, define the changes in terms of a CEQA project (discretionary approval and will create a physical change to the environment). Second, determine the appropriate CEQA compliance method (exemption, existing documentation, subsequent documentation, new documentation). Third, if CEQA compliance is not adequate, take the needed steps to gain compliance prior to approval. LEA staff are encouraged to contact the CIWMB's Environmental Review Section (ERS) staff for formal or informal consultation regarding CEQA compliance issues. ERS staff is available for consultation with lead agencies as well.