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California Tonal Water Quality Con 1 Board <br /> Central Valley Region <br /> Karl E.Longley,ScD,P.E.,Chair 0 <br /> Linda S.Adams Arnold <br /> Secretaryfor Sacramento Main Office Schwarzenegger <br /> Environments! 11020 Sun Center Drive#200,Rancho Cordova,California 95670-6114 Governor <br /> Protection Phone(916)464-3291 •FAX(916)464-4645 <br /> http://www.waterboards.ca.gov/centralvalley n\ , <br /> r r f1 ,iJ� <br /> 30 January 2008 LTI <br /> Desi Reno Dinah Bortner <br /> Integrated Waste Manager Deputy District Director <br /> San Joaquin County Solid Waste Division Department of Transportation <br /> P.O. Box 1810 P.O. Box 2048 <br /> Stockton, California 95201 Stockton, California 95205 <br /> DETERMINATION OF RESPONSIBLE PARTIES FOR THE CORRAL HOLLOW SANITARY <br /> LANDFILL, SAN JOAQUIN COUNTY. <br /> The Regional Water Quality Control Board (Regional Water Board) staff counsel has reviewed <br /> the facts about who is the responsible party(s) for the waste that lies between Corral Hollow <br /> Sanitary Landfill and Interstate 580. The operator and owner of the landfill is San Joaquin <br /> County Public Works and the owner of the property between Corral Hollow Sanitary Landfill <br /> and Interstate 580 is the Department of Transportation (CalTrans). Regional Water Board <br /> staff counsel believes both parties are responsible for the waste and both would likely be <br /> named in any enforcement order. This determination is based on the following. <br /> According to staff counsel, both the Attorney General and the State Water Resources Control <br /> Board have long interpreted Porter-Cologne and its predecessor, the Dickey Act, to define real <br /> property owners as dischargers even when the owner has no involvement with the tenant's <br /> activities. Under this precedent, a regional board may name property owners in waste <br /> discharge requirements for constituents discharging from their land (Petition of USDA, <br /> SWRCB Order No. 87-5; Petition of Zoecon, SWRCB Order No. 86-2; 27 Ops. Cal. Atty. Gen. <br /> 182 (1956)), and order property owners to clean up and abate discharges of their tenants or <br /> prior owners or occupants of the land-(Petition of Arthur Spitzer et al., SWRCB Order No. WQ <br /> 89-8; Petition of Zoecon, supra.). (26 Ops.Cal.Atty.Gen. 88, 90-91 (1955), cited in 63 Ops. <br /> Cal. Atty. Gen. 51 (1979)). <br /> Based on the above interpretation, San Joaquin County Public Works and CalTrans are both <br /> responsible for refuse found on Caltrans property between Corral Hollow Sanitary Landfill and <br /> Interstate 580. Staff recommends both parties jointly prepare an amendment to the Corral <br /> Hollow Sanitary Landfill Closure Plan dealing with this property and the refuse. This would <br /> include constructing a Title 27 compliant cover over this refuse. If a plan is not received by 4 <br /> April 2008, staff will consider further enforcement. <br /> California Environmental Protection Agency <br /> 0a Recycled Paper <br />