ARCHIVED REPORTS_2011_25 - Laserfiche WebLink

Home Browse Search

SOMACH SIMMONS DUNN A PROFESStO N.AL CORDO RATI Ow .ATTORNEYS AT LAAl 500 CAPITOL MALL,SUMS 1000,SACRAMENTO.CA 95B 1 4 OFFICE:9 16-446-7979 FAX:9 115-446-8 199 SOMACHLA Nb COM November 18,201 1 Via Electronic Mail Mr. Robert NlcClellon,Program Director San Joaquin County Environmental Health Department 600 E. Main Street Stockton,CA 95202 r'nrcclellonO sjcchd.com Re: Comments Regarding Forward Landfill —Revision to the Solid Waste Facility Permit(39-AA-0015) Dear Mr. IAcClellon: This firm represents Michael and Jeannie La Forge (La Forges),owners of property adjacent to the Forward Landfill (Landfill). We have been retained to represent the La Forges in investigating the ongoing conditions of nuisance,trespass,and regulatory violations associated with operations at the Landfill. As set forth below,the Landfill has a history of permit violations and polluting the neighboring environment— including significant groundwater contamination. In light of conditions at the Landfill,the La Forges urge the LEA not to approve the requested revisions to the Landfill's Solid Waste Facility Permit (SWFP). As well,the LEA should immediately cease efforts to expand operations at the Landfill (including the gas to energy project) until such time as the Landfill can demonstrate that it can operate without polluting the environment. As a result of the ongoing environmental and regulatory compliance issues at the Landfill,and its repeated attempts to expand despite an inability to manage the Landfill footprint already under its control,the La Forges have commenced a comprehensive investigation into the operations of the Landfill. This includes the impacts to ground and surface water as a result of landfill activities,the impacts to air quality,and the failure to prevent trash from blowing onto nearby roads and private properties (including the La Forges' ranch). The Landfill's longstanding culture of regulatory noncompliance has led to degradation of the environment and harm to nearby property owners,and any expansion of this already poorly managed and noncompliant waste disposal site would result in further harm. 1112011 alone,inspections of the Landfill site resulted in 22"areas of concern"and 3 "violations" as reported by CalRecycle.' In 2010,the Landfill was cited for 19 areas of concern and 16 different violations. These violations range from failures in gas monitoring and control,to failures in drainage and erosion control,and alternative daily cover. It is not necessary to list all of the Landfill's prior violations, but even a cursory analysis demonstrates that this Landfill is constantly in a state of noncompliance with applicable rules and regulations and has been unable to manage its operations in an environmentally safe manner. As the San Joaquin County Environmental Health Department is no doubt aware,the Landfill 1 Sec llt[h://\E-%1\N..C2ill-ecvcle.ce.Lo\/SW F tcilities/l)ircctor\/39-AA-0Ol i/Inspection/.