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Mr. Robert McClellon June 15, 2012 Page 2 As both the permitting authority and the solid waste Local Enforcement Agency with jurisdiction over Forward Landfill, the County's departments may not ignore Forward's failure to operate legally and responsibly. Clean San Joaquin rightfully expects that San Joaquin County will faithfully enforce all laws, regulations, and permits governing the operation of Forward Landfill. As soon as possible, please inform us of all steps that the County has taken or intends to take to investigate this illegal activity and to enforce all applicable laws, regulations, and permits. This letter constitutes a petition to the San Joaquin County Environmental Health Department, as the Local Enforcement Agency, requesting a hearing pursuant to Public Resources Code section 44307 to review the Department's failure to act as required by State and local laws and regulations regarding solid waste facilities. See Section II.A of this letter. Section III of this letter constitutes a request under the California Public Records Act for any records relating to the activity on the proposed expansion site, including communications between Forward, Inc. and the County or its departments regarding this issue. We respectfully request that the County expedite its response to this Public Records Act request. I. Landfill Activities on the Proposed Expansion Site. The proposed expansion site is an active agricultural parcel separate from the current permitted landfill. Nevertheless, Clean San Joaquin has observed significant landfill activities on this agricultural land, including the use of heavy machinery to transport and dispose of substantial volumes of material from the current landfill onto the expansion site. As you know, Clean San Joaquin's documentation of this illegal activity includes video evidence and eyewitness accounts. In response to Jeannie La Forge's calls, County staff explained that Forward appeared to be building an emergency access road to the landfill. In addition, staff verified that Forward was disposing of cannery waste on a portion of the expansion site. (Telephone conversations between J. La Forge, R. McClellon, and J. Funderburg, May 17, May 21, and May 24, 2012). Staff also informed Ms. La Forge that the County intended to take enforcement action against Forward in connection with these activities. We have reviewed the video evidence and eyewitness accounts and can find no plausible explanation for Forward's activities on the 184 -acre site. This is a major grading and road -building operation, and there is simply no conceivable agricultural purpose for such a project. Although Jeannie La Forge discussed these activities with you and John Funderburg on numerous occasions, we have no knowledge that the County has taken any enforcement action against Forward in connection with these activities. SHUTE MIHALY &' WEINBERGERLLP