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Mr. Robert McClellon Re: Forward Landfill Expansion/Approval of SWFP Revision November 18,2011 Page 2 was oil a list of state facilities that violate minimum standards as recently as 2004,and in 2005 state officials ordered the Landfill to clean up explosive gases that leaked into the soil beyond its boundaries. That same year the Landfill was cited for an astounding 34 violations and 52 areas of concern. As far back as 1989,there was evidence of groundwater contamination as a result of the Landfill's actions,with nearby wells becoming so contaminated that neighboring properties could no longer utilize them and were forced to resort to alternative methods of water supply (i.e.,bottled water). The La Forges suspect that such violations continue even to this day. The Landfill has also been the defendant in substantial litigation involving its alleged failure to comply with various environmental statutes and regulations. Specifically,in 2008, the District Attorney for San Joaquin County filed a civil action against Forward,Inc. and Allied Waste Industries,Inc.,seeking civil penalties for various violations. The suit seeks penalties in the amount of not less than $/0 inittion. The suit alleges violations of Public Resources Code sections 44004 and 44014(b),title 27 of the California Code of Regulations, sections 20690(l 1) and 20919.5,and various provisions of the Health and Safety Code. In February of 2010,the United States Environmental Protection Agency(USEPA)delivered a notice of violation to the Landfill alleging violations of its Title V Permit issued under the Clean Air Act,including the allegations regarding the submission of inaccurate compliance certifications and other violations of operating requirements. The San Joaquin Valley Air Pollution Control District has since issued a 60-day notice of intent to sue in December of 2010 based on these alleged violations. Forward Landfill has a demonstrated pattern of regulatory noncompliance that has resulted in direct Karin to the environment. Why,then, would such a facility be allowed to expand its footprint into adjacent lands and continue operating in such a manner? As recently as this past Monday,November 14,2011,the La Forges observed garbage from the Landfill in and about Little John's Creek. How can the Landfill seek an expansion of its boundaries when it is unable to prevent pollution and violations even within its existing footprint? The limited Negative Declaration and documentation associated with the proposed revisions to SWFP 39-AA-0015 leave many questions unanswered in regards to the nature and scope of the proposed expansion. Before allowing the Landfill to proceed with the proposed expansion,the La Forges request that the LEA obtain answers to all of the following questions: I. Has the LEA determined that the proposed SWFP revision conforms with all relevant statutes and regulations governing the Landfill,as required by Public Resources Code section 44004? Does this include compliance with the terms and conditions of all other permits and authorizations from other regulatory entities that control the Landfill? 2. Has the LEA inquired into the reasons for the Landfill's recording a Notice of Nonrenewal for Williamson Act Contract No.72-CI-398 covering the expansion lands? Why would the Landfill take this new land out of a Williamson Act contract,set to expire in March of 2015,if it does not plan to dispose of solid waste on this land in the future? 3. What is the purpose of expanding the Landfill boundaries at this time without adding additional disposal capacity? If the ultimate goal is to expand disposal to this site, what is the timeline for doing so?