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E Mr. Robert McClellon June 15, 2012 Page 5 E necessary environmental review. While the existing Forward Landfill is current., IV operating under San Joaquin County Land Use Permit No. UP -00-7, this permit does not allow Forward to dispose of waste on the proposed expansion site. The landfill activities on the proposed expansion site therefore constitute per se violations of the County's zoning laws. As such, the County is required to begin the enforcement process outlined in Title 9, Division 19 of the San Joaquin County Municipal Code. C. Williamson Act Violations A valid Williamson Act contract (Contract No. 72-C1-398) restricts the proposed landfill expansion site to agricultural or compatible uses. There is simply no conceivable way to characterize the discharge of cannery waste, or the grading and construction of an emergency access road leading into and out of the current landfill, as agricultural uses. Nor can the activities qualify as compatible uses under Title 9, Division 18 of the San Joaquin County Municipal Code, which lists non-agricultural uses that are nonetheless permitted in Williamson Act agricultural preserves. These activities therefore constitute serious breaches of the Williamson Act contract for the proposed expansion site. State law requires San Joaquin County to determine whether these activities constitute material breaches of the expansion site's Williamson Act contract. Cal. Gov't Code § 51250(d). The County must conduct an investigation to make this determination. If the County determines that the contract breaches are material, the County must either order Forward to eliminate the conditions that resulted in the material breach within 60 days, or assess a significant monetary penalty. Cal. Gov't Code § 51250(i). D. CEQA Violations The landfill activities on the proposed expansion site appear to be the first steps in the proposed landfill expansion project. These first steps may not occur, however, unless and until the CEQA process for the expansion project is completed and the project is approved by the County. Bozung v. Local Agency Formation Comm'n (1975) 13 Cal. 3d 263, 283-84. At this stage, the Draft Environmental Impact Report for the project has not even been circulated for public comment. In fact, the approval of the project is far from certain, and it will not occur, under any scenario, at any time in the near future. Forward may not begin to develop the proposed project until the County has undertaken the proper environmental review and provided the necessary approvals. SHUTE MIHALY 6--WEINBERGERLLY