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CORRESPONDENCE_1982-1983
EnvironmentalHealth
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4400 - Solid Waste Program
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PR0440005
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CORRESPONDENCE_1982-1983
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Last modified
4/17/2023 4:12:38 PM
Creation date
10/6/2022 3:15:13 PM
Metadata
Fields
Template:
EHD - Public
ProgramCode
4400 - Solid Waste Program
File Section
CORRESPONDENCE
FileName_PostFix
1982-1983
RECORD_ID
PR0440005
PE
4433
FACILITY_ID
FA0004516
FACILITY_NAME
FORWARD DISPOSAL SITE
STREET_NUMBER
9999
STREET_NAME
AUSTIN
STREET_TYPE
RD
City
MANTECA
Zip
95336
APN
20106001-3, 5
CURRENT_STATUS
01
SITE_LOCATION
9999 AUSTIN RD
P_LOCATION
99
P_DISTRICT
004
QC Status
Approved
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EHD - Public
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HONORABLE BOARD OF SUPERVISORS <br /> May 5 , 1982 <br /> Page Eight <br /> after public notice and hearing the director determines <br /> that the operation of the facility may present an <br /> imminent and substantial endangerment to health and <br /> the environment. However, nothing in this section shall <br /> authorize an operator of that facility to violate any <br /> term or condition of a local land use permit or any <br /> other provision of law not in conflict with this section. <br /> Government Code §66796 (e) states: <br /> (e) Notwithstanding any provision of law to the contrary, <br /> except as provided in Chapter 6. 5 (commencing with <br /> Section 25100) of Divison 20 of the Health and Safety <br /> Code and Section 731 of the Code of Civil Procedure, <br /> no local governing body acting in the capacity of an <br /> enforcement agency may enact, issue, enforce, suspend, <br /> revoke, or modify any ordinance, regulation, law, license, <br /> or permit relating to a facility that accepts both <br /> hazardous wastes and other solid wastes, such as muni- <br /> cipal refuse, and which meets any of the criteria <br /> enumerated in subdivision (a) of Section 25148 of the <br /> Health and Safety Code, and was operating as of May 1, <br /> 1981, pursuant to a valid solid waste facility permit, <br /> so as to prohibit or unreasonably regulate the operation <br /> of, or the disposal, treatment, or recovery of resources <br /> from solid wastes at any such facility. However, nothing <br /> in this section shall authorize an operator of such a <br /> facility to violate any term or condition of a local <br /> land use or facility permit or any other provision of <br /> law not in conflict with this section. <br /> Third, another thrust of the Farm Bureau communications <br /> seems to be that the Farm Bureau, rather officiously, has <br /> arrogated itself to the position of regulatory and enforcement <br /> agency! See, for example, Dwight Baier' s statement, page 3, <br /> where he says: <br /> "It has not been my purpose to present evidence that Forward, <br /> Inc. is polluting the groundwater in San Joaquin County. It <br /> has been my purpose to point out preliminarily only two reasons <br /> out of several that make me want to obtain all the facts so <br /> that I can present you with a scientific evaluation of the <br /> dump' s safety. " <br />
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