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SOMACH SIMMONS & DUNN <br /> A PROFESSIONAL CORPORATION <br /> ATTORNEYS AT LAW <br /> 500 CAPITOL MALL,SUITE 1000.SACRAMENTO,CA 958 14 <br /> OFFICE:918.448-7979 FAX:916-446-8199 <br /> sOMACHLAw.COM <br /> December 2,2011 <br /> Via Electronic Mail <br /> Mr. Robert McClellon,Program Director <br /> San Joaquin County Environmental Health Department <br /> 600 E. Main Street <br /> Stockton,CA 95202 <br /> rmcciellont((siceltd.coni <br /> Re: Response to Comments Regarding the Proposed Revision to the Solid Waste <br /> Facility Permit for Forward Landfill (39-AA-0015) <br /> Dear Mr. McClellon: <br /> I enjoyed the opportunity to meet you at the November 21,2011 LEA meeting <br /> regarding proposed revisions to the Solid Waste Facility Permit(SWFP)for Forward Landfill. <br /> 1 write to check in with you regarding your promised responses to the issues raised in our <br /> letter of November 18,2011. We look forward to receiving notification regarding any and all <br /> LEA meetings,hearings or other actions relating in any way to Forward Landfill. <br /> 1 also write to clarify a conversation we had at the meeting. I requested information <br /> from you regarding the appeals process for the contemplated revisions to the SWFP,and was <br /> informed by you that this process was available only for the benefit of the landfill operator <br /> and not for members of the public, Public Resources Code section 44307 provides,however, <br /> that an appeal of SWFP revisions to Cal Recycle is available to the members of the public. <br /> Specifically,CalRecycle's own website discussing frequently asked questions regarding the <br /> permit revision and implementation process notes the following: <br /> Appeal Process <br /> Title 27,Sections 21660.1(a),21660.3(a),and 21660.4(x) <br /> Question 1: Is there an appeal-process for the__public regarding the EA's <br /> approval of an RF1 amendment,or the EA's issuance or denial of a modified, <br /> revised or new full permit? <br /> Answer 1: Yes;there continues to be the ability for appeal under PRC Section <br /> 44307 to challenge the EA's approval of the RFI amendment and the EA's <br /> issuance or denial of a modified,revised,or new permit. Pursuant to PRC <br /> Section 44307,a.hearing can be requested not only_by_the applicant that is <br /> subject to an enforcement action or to-permit conditions it feels are <br /> i_nlpprgpriate,but also by_lnypgir on.who believes that the EA has not acted in <br /> Accordance with the law or.CalRecycle rebu(ltions. Because the notice for an <br /> RFI amendment would be distributed after the EA has already approved the <br /> amendment,the notice must announce that the EA's approval is subject to a <br /> PRC Section 44307 appeal (Section 21660.1(x)(6)). The notices for new, <br />