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John Funderburg <br /> April 6,2012 <br /> ' Page 7 <br /> • Documentation regarding all accidental releases,explosions or fires at the Forward <br /> landfill; <br /> • Specific data regarding the landfill's: (1) existing emissions (criteria air pollutants, <br /> toxic air contaminants including asbestos, and odors); and (2) air quality <br /> regulatory compliance record,including its complaint history; and, <br /> • Documentation regarding any regulatory non-compliance for the last five years <br /> from agencies including the U.S. Environmental Protection Agency,U.S. Army <br /> Corps of Engineers,U.S. Fish and Wildlife Service,CalRecycle,California <br /> Department of Toxic Substances Control,California Department of Water <br /> Resources,California Department of Fish & Game,California Regional Water <br /> Quality Control Board,Central Valley Regional Water Quality Control Board, <br /> Central Valley Flood Protection Board,San Joaquin County, and San Joaquin <br /> County Unified Air Pollution Control District. <br /> In addition to evaluating the proposed Project's environmental impacts,the <br /> EIR must also assess the cumulative impacts of the Project when viewed in connection <br /> with the effects of past projects,other current projects and probable future projects. <br /> CEQA § 21083(b)(2). A complete cumulative impacts analysis is important because the <br /> full environmental impacts of a proposed project such as the expansion of the landfill <br /> cannot be gauged in a vacuum. <br /> II. The NOP Fails to Identify Any Project Alternatives. <br /> An EIR must describe a range of alternatives to the proposed project, and to <br /> its location,that would feasibly attain the project's basic objectives while avoiding or <br /> substantially lessening the project's significant impacts. Pub. Res. Code § 21100(b)(4); <br /> ' CEQA Guidelines § 15126.6(a). A proper analysis of alternatives is essential for the <br /> County to comply with CEQA's mandate that significant environmental damage be <br /> avoided or substantially lessened where feasible. Pub. Res. Code § 21002; CEQA <br /> ' Guidelines §§ 15002(a)(3), 15021(a)(2), 15126.6(a); Citizens for Quality Growth v. City <br /> of Mount Shasta, 198 Cal. App. 3d 433,443-45 (1988). As stated in Laurel Heights <br /> Improvement Association v.Regents of University of California, "[w]ithout meaningful <br /> analysis of alternatives in the EIR,neither the courts nor the public can fulfill their proper <br /> roles in the CEQA process. . . . [Courts will not] countenance a result that would require <br /> blind trust by the public,especially in light of CEQA's fundamental goal that the public <br /> be fully informed as to the consequences of action by their public officials." 47 Cal. 3d <br /> 376,404 (1988). <br /> ' SHUTES MIHALY <br /> �;'�-WEINBERGERLLP <br />