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C 5. Is it appropriate for the LEA to approve expansion of a landfill that Ills consistently been the subject of fines, lawsuits, and several violation notices over the life of its operation? The proposed project is not an expansion, but a minor boundary re -alignment. With that being said, the LEA is required to process all SWFP applications in accordance with Title 27, CCR, Section 21650. The LEA could revoke, or deny a permit based on the compliance history in accordance to the PRC, Section 44306. The Forward Inc. landfill has not be convicted of, or issued a final Notice and Order (N&O) in the last 3 years. The EHD has issued a Compliance Schedule (CS) in the form of an N&O on October 14, 2010. A CS is required by PRC, Section 44106, anytime a facility is listed on Calrecycle's list of facilities that violate State Minimum Standards (SMS). Forward Inc. came into compliance on January 28, 2011, eight months ahead of the compliance deadline in the CS. The 2008 filing by the San Joaquin County District Attorney's Office is still in process and no determination has been made. The EHD is not a party to the Federal Clean Air Act filling and would direct you to contact the Federal Environmental Protection Agency for the details regarding that filling. The LEA would consider any existing or ongoing compliance issues with the site at the time of the proposed permit. The LEA can condition the permit to address issues at the site. The Calrecycle staff conducts a pre -permit inspection to determine the facility's compliance status prior to their concurrence of a permit. This inspection was conducted on November 3, 2011. The facility's compliance history would help'shape the permit terms and conditions, but would not preclude the facility from gaining approval provided they meet PRC, Section 44306. 6. Will this proposed expansion ever conte before the San Joaquin County Board of Supervisors for approval? The minor boundary realignment is not an expansion of the landfill. The Negative Declaration (ND) went before the San Joaquin County Planning Commission (SJCPC). The SJCPC members are appointed by the San Joaquin County Board of Supervisors (SJCBOS). The SJCPC decision on the ND could have been appealed to SJCBOS. The period for appeal has pasted. 7. Has a Notice of Determination been approved and filed for the Negative Declaration in support of the SWFP revision? The Notice of Determination (NOD) was filed on January 7, 2011. 8_ How can the LEA approve this expansion when comments of the San Joaquin Council of Governments specify that potential waters of the United States are believed to occur on the site, and thus virtually any grading or similar activities on the site will require permits from either the Army Corps of Engineers or the Regional Water Quality Control Board? The boundary realignment does not allow any change in the existing use of the property. The property will remain as agricultural use. There will not be excavating, grading, storing of supplies or equipment in the area added to the landfill by the boundary realignment. 9. How does this expansion properly integrate with the San Joaquin Multi -Species Habitat Conservation and Open Space Plan? Page 3 of 5 December 2, 2011