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I Jahn Funderburg,Principal Planner ' Octobtr 30,2018 Page 7 responsible 1br the oversight of these regulations. The SDFiR acknowledges that Forward submits quarterly and animal reports to each of these agencies(at R'.E-3), but with the ' exception of the Central Valley Water Board's abatement orders, the SDEIR does not identify these reports.disclose any of the related monitoring rc4ultss, or otherwise discuss Forward's compliance with all applicable regulations, An EIR's tltilure to disclose this ' information violates CEQA, for it deprives the public and decisionmakers of a"full understanding of the environmental issues"raiwd by a Prujec:t.Banning Roach Conserranci,v. City nj'Newport Beach(2017) 1. Cal.5th 918, 942. O5 At a minimum, the revised E1R must identify each of the landfill's incidents of (cont.) regulatory non-compliance(e,g., notices of violations and areas of concede)since 2012 (the date of the EIR for therior expansion project). This infbrmatiou mast be disclosed P ' in a user-friendly manner, listing the applicable regulation and agency, the source of violation at the landfill, the environmentni category(e.g., water, air), and the specific actions taken, if any, to remedy the violation or ccmcerri, Forward's record of compliance ' is critically important. if the landfill has heen unable or unwilling to comply will) applienble environmental regulations over the last several years, the SDEIR lacks any evidentiary basis to conclude that impacts relating to public health and safety from the ' Project's expanded operations will be less than significant. Tile SDEIR's ('ailuro to evaluate the threat to public health caused by Forward's ' inability to control its litter is a particularly egregious oversight, The Project has the potential to increase litter from the new landfilling locations and from trucks accessing the landfill. Rather than address the threat to public health that would be caused by ' contaminating nearby agricultural fields with litter, the SDEIR treats this issue as an aflerthoughl. In a section of tite docume=nt entitled"Other C.EQA Topics, the document discusses the potential for off-site litter generation as an aeslhetir isle. SDFIR at IV H- According to neighboring, landowners, historically,the landfill has been unable or unwilling to c01111-01 large amount=s of litter,which escapes the landfill and acc;umutates ' not only on access roads, but on adjacent agricultural fields and residential property. See ,i Photographs of landfill-related litter,attached a, Exhibit D. Residents near the landfill routinely complain of significant accumulations of fitter frons the landfill,noting that ' trucks accessing the landfill routinely fail to take precautions to control litter.-) ' Personal Observations,Alan de Graaf(landowner and fanner)and Steve North (tenant). 5 liuTH h4111At.Y ' �_ W1 1 N R 1, R C,V R � e