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0 Compliance History: WEEB staff in the Inspections and Enforcement Agency Compliance Unit conducted a pre- permit inspection on July 12, 2012, and found the facility to be in compliance with applicable state minimum standards. The facility has been operating under an EA Notification for the composting of green material since 2009. Over the last three years,there have been two violations documented by the LEA: • June, 2009 - 17868.3(b) Pathogen Levels Temperature Maintained and 17868.3(d) Temperature Monitoring. • December, 2009 - 17867(a)(5) Unauthorized Access. All of the violations were corrected to the satisfaction of the LEA. Environmental Analysis: Under CEQA,the Department must consider, and avoid or substantially lessen where possible, any potentially significant environmental impacts of the proposed SWFP before the Department concurs in it. In this case,the Department is a responsible agency under CEQA and must utilize the environmental document prepared by the San Joaquin County Community Development Department,Planning and Developmental Services, acting as the lead agency, absent changes in the project or the circumstances under which it will be carried out that justify the preparation of additional environmental documents and absent significant new information about the project, its impacts and the mitigation measures imposed on it. The proposed permit under consideration is to allow a solid waste facility to transfer, compost, store and process up to 500 tons per day of urban green waste with food scraps, green material and wood waste, permitted area of 20 acres and vehicle traffic volume of 75 trucks/vehicles per day. These project parameters are supported by the following environmental document. A Mitigated Negative Declaration (MND), State Clearinghouse (SCH)No. 2012022021,was adopted by the San Joaquin County Planning Commission on March 15, 2012, and a Notice of Detennination (NOD)was filed with the County Clerk on March 21, 2012. The project analysis concluded that there will be no significant impacts to the environment resulting from the project, due to mitigation measures proposed in the MND. Mitigation measures were incorporated into the project design and operation. The LEA has provided a finding that the MND describes and supports the design and operation, which will be authorized by the issuance of this permit. Staff recommends that the Department,acting as a Responsible Agency under CEQA,utilize the MND as prepared by the lead agency in that there are no grounds under CEQA for the Department to prepare a subsequent or supplemental environmental document or assume the role of Lead Agency for its consideration of the proposed new SWFP. Department staff has reviewed and considered the CEQA Findings adopted by the Lead Agency. Department staff further recommends the MND, together with the LEA CEQA finding, is adequate for the Branch Chiefs environmental evaluation of the proposed project for those project activities which are within the Department's expertise and/or powers, or which are required to be carried out or approved by the Department. The administrative record for the decision to be made by the Department includes the administrative record before the LEA,the proposed new SWFP and all of its components and Page 3 of 4