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Mr. Robert McClellon June 15, 2012 Page 4 the Local Enforcement Agency, is required to investigate such violations. Cal. Pub. Res. Code § 43218; Cal. Code Regs. tit. 14, § 18303. The Department is also required to enforce the terms and conditions of the SWFP. Cal. Pub. Res. Code § 43209. Not only do Forward's landfill activities on the proposed expansion site constitute serious violations of the SWFP, they also demonstrate this company's chronic pattern of non-compliance with the terms and conditions of the SWFP. State law requires the Environmental Health Department to take this record of noncompliance into account when determining the appropriate enforcement action. Cal. Pub. Res. Code § 45016. A simple notice to comply, pursuant to California Public Resources Code section 45003, would be clearly inappropriate for such serious violations. To our knowledge, however, the Environmental Health Department has failed to pursue any formal enforcement action to address the illegal landfill activities on the proposed expansion site. (Telephone conversation between L. Impett, Shute, Mihaly & Weinberger, LLP and J. Funderburg, June 14, 2012) This is unacceptable, and Clean San Joaquin hereby requests a hearing pursuant to Public Resources Code section 44307 to review the Environmental Health Department's failure to act as required by State and local laws and regulations regarding waste management. The entirety of this letter constitutes the statement of issues required by Public Resources Code § 44310(a)(1). Specifically, the Environmental Health Department has failed to act as required by law in the following ways: (1) Failing to enforce the terms and conditions of Forward's solid waste facility permit, applicable provisions of Division 30 of the Public Resources Code regarding waste management, and regulations adopted under those provisions, upon learning of Forward's landfill activities on the proposed expansion site, in violation of the Department's duties pursuant to Public Resources Code section 43209(x); and (2) Failing to inspect the Forward Landfill at least one time each month, and failing to file, within 30 days of the inspection, a written report of the inspection, in violation of the Department's duties pursuant to Public Resources Code section 43218. B. San Joaquin County Zoning and Land Use Permit Violations The proposed landfill expansion site is designated as AG -40 - General Agriculture on the San Joaquin County Zoning Map. The San Joaquin County Municipal Code only permits landfill activities in these zones if the operator first obtains a conditional use permit. Forward cannot secure the conditional use permit authorizing landfill activities on the expansion site, however, until the County first completes all SHUTE MIHALY 6----WEINBERGERLLP