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E Mr. Robert McClellon June 15, 2012 Page 3 II. Legal Violations Stemming From Landfill Activities on the Proposed Expansion Site The recent landfill activities on the proposed expansion site violate numerous laws, regulations, and permits. These violations are particularly egregious in light of Forward, Inc.'s recent settlement of a lawsuit brought by the San Joaquin County District Attorney under the California Business and Professions Code. See Stipulated Settlement Agreement, Final Judgment and Permanent Injunction on Consent, San Joaquin County Superior Court Case No. CV -034764 (April 30, 2012), attached as Exhibit A. That lawsuit alleged numerous violations of state law and permit conditions, including Forward's failure to maintain the terms and conditions of the landfill's Solid Waste Facilities Permit. On April 30, 2012, Forward stipulated to a settlement of that lawsuit. Just days later, however, Forward engaged in the unlawful activities described in this letter. Forward's purported commitment to compliance appears to have been short- lived. A. Solid Waste Facilities Permit Violations The landfill activity on the proposed 184 -acre expansion site violates the Solid Waste Facilities Permit (SWFP) for Forward Landfill issued by the California Department of Resources Recycling and Recovery (CalRecycle) and the San Joaquin County Environmental Health Department. SWFP # 39 -AA -0015 was revised on January 31, 2012 to include the proposed expansion site, also known as the buffer area. The revised SWFP contains Enforcement Agency Condition dd., which states: "There shall be no landfill activities, waste placement, disposal, composting, storage of equipment, or soil borrowing in the buffer area." The Negative Declaration for the SWFP revision similarly states: "No landfill activities, waste placement, disposal, composting, storage of equipment, or soil borrowing will occur on the 184 acres." The CalRecycle Staff Report regarding the SWFP revisions emphasized this fact, stating that "the amendment of the facility boundary does not authorize or enable any solid waste disposal or other landfill activities in the expansion area." See CalRecycle, Permitting & Assistance Branch Staff Report, Revised Solid Waste Facilities Permit for the Forward Inc. Landfill, SWIS No. 39 -AA - 0015 (January 19, 2012). A landfill operator must comply with all terms and conditions of the applicable SWFP. Cal. Pub. Res. Code § 44014(b). Just months after securing the revised SWFP, however, Forward has conducted significant landfill activities on the proposed expansion site. The San Joaquin County Environmental Health Department, as SHUTE MIHALY 6 --WEINBERGERLLP