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11 <br />Mr. Ron Valinoti <br />October 10, 1991 <br />Page 6 <br />v <br />CEQA review prior to promulgating new waste discharge <br />requirements for existing sources.i1 <br />C. No Legal Authority Exists Mandating CEQA Requirements <br />for Cove's Permit. <br />A CEQA determination is not required for continuation <br />of currently permitted activities. We are unable to locate any <br />California law which indicates that continuing already permitted <br />activities at an existing facility can trigger the need for a <br />CEQA review, even where those permitted activities have been <br />resumed after a period of inactivity. Cove is required by regu- <br />lation to submit an application for review of the Permit every <br />five years as a matter of standard operation.1 Cove's applica- <br />tion for a permit review is a regulatory requirement — but Cove <br />is not proposing to change its operations and, therefore, does <br />not need a modified permit.15' <br />Cove's current permit has no condition limiting its <br />term, and regulations dictate that the permit does not <br />automatically expire at the time of a permit review unless the <br />permit so states.& If the permit review requirement consti- <br />tutes a CEQA trigger, then every landfill which undergoes its <br />regular 5 -year permit review would also have to undergo a new <br />CEQA review every five years. Clearly, such a result was not the <br />intent of the regulations, nor have the regulations been applied <br />in this manner at any other facility. <br />We respectfully submit that Cove has met its legal <br />requirements, permitting Cove to continue landfilling operations <br />under its existing Permit at the Facility upon receipt of its new <br />waste discharge requirements from the Water Board. Cove's ulti- <br />mate goal for this Facility is to efficiently prepare this site <br />for thoughtful and lawful permanent closure as quickly and effi- <br />ciently as possible. Please let us know if you wish to discuss <br />13/ 14 Cal. Code of Regulations S 15263. <br />14/ 14 Cal. Code of Regulations S 18213. <br />15/ See 14 Cal. Code of Regulations SS 18208 (comment), 18211. <br />16/ 14 Cal. Code of Regulations S 18213(d). <br />