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ENVIRONMENTAL HEALTH DEPARTMENT Op'OUiN c - SAN JOAQUIN COUNTY 2 y Program Coordinators N: ;{, :� Donna K. Heran, R.E.H.S. Director 304 East Weber Avenue,Third Floor Carl Borgman, R.E.H.S. Laurie A. Cotulla, R.E.H.S. Stockton,California 95202-2708 Mike Huggins, R.E.H.S., R.D.I. cd •:: .• '�P Assistant Director Margaret Lagorio,R.E.H.S. c,FaR� Telephone: (209)468-3420 Robert McClellon,R.E.H.S. Fax: (209)464-0138 Jeff Carruesco, R.E.H.S. Website:www.sjgov.org/ehd/ Kasey Foley, R.E.H.S. TO: DAVID IREY,DEPUTY DISTRICT ATTORNEY SAN JOAQUIN COUNTY DISTRICT ATTORNEY'S OFFICE ENVIRONMENTAL PROSECUTIONS UNIT FROM: DONNA HERAN,DIRECTOR ENVIRONMENTAL HEALTH DEPARTMENT DATE: December 2,2005 RE: OPERATING SOLID WASTE IN VIOLATION OF PUBLIC RESOURCES CODE AND TITLE 27 CALIFORNIA CODE OF REGULATION I.SUMMARY The Environmental Health Department (EHD) is the Local Enforcement Agency for the California Integrated Waste Management Board. The EHD as part of its duties conducts routine inspections at Forward Inc. Landfill (Solid Waste Information System#39-AA-0015). During the routine inspections violations of the Public Resources Code(PRC)and Title 27 CCR were noted. The violations have persisted and the issues at the facility remain un-resolved. The site has exceeded the state standard for methane gas at the boundary(>5%)since June 27,2003.The site was listed on the list of facilities that violate state minimum standards on April 20, 2004. The facility was issued a compliance schedule in accordance with PRC 44106 (a) on May 10, 2004. The compliance schedule was issued as an administrative Notice and Order.The compliance schedule had a final compliance date of April 20,2005.This date was extended to November 20,2005.The facility continues to be in violation of state minimum standards for methane,above 5%at the boundary. The facility permit was revised in July 2003 to reflect the addition of the Austin Road Landfill to the Forward Landfill. The revised permit required that the facility report the types and quantities of wastes that enter that facility on a daily basis. In January of 2004 the facility was issued an area of concern for not complying with the new reporting requirements. The monthly reports that were submitted by the operator indicated that the waste being disposed ranged from 40% to almost 50 % of the waste received. The facility continually exceeded that daily tonnage limit set in the facility permit. The daily tonnage limit is 46,080 tons per week and 8668,peak daily tonnage. August 2004, a joint inspection conducted by the LEA and the California Integrated Waste Management Board (CIWMB)staff revealed that the facility records were not adequate to determine the amount of waste the site receives or the amount of waste that is being reused as cover and beneficial reuse. Curt Fujii the site engineer and Kevin Basso,the General Manager for the site were directed to provide the EHD with calculations explaining the sites needs for Alternative Daily Cover (ADC) and Beneficial reuse. They were also directed to provide the EHD with a revised reporting format. The site was November 23,2004 AC for excessive use of ADC. During an inspection of January 27,2005 it was noted on the inspection report that the EHD had not received the information regarding ADC usage and tonnage received. The site operator was directed to provide the information with in 30 days of the inspection. Area of concern was noted on February 24, 2005 for auto shredder waste (ADC) being stockpiled (disposed of) next to disposal waste. During the inspection of March 30,2005 an area of concern for PRC 44014(b)was noted requesting information on the site's ADC usage and tonnage received. A joint inspection by the LEA and the CIWMB staff was conducted on April 20,2005.During the inspection violations for excessive tonnage received at the site, significant change to the facility without amendments, failure to submit amendments and Municipal Solid Waste (MSW) Green Waste being used as ADC. A meeting was held, on May 4,