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Mr. Robert Ch February 9, 1990 Page 2 We originally contacted you to ascertain whether the City of Stockton would impose any additional permitting requirements on Cove in connection with these activities. 'ecu initially indicated that the ,site, which did not fall ,ith n t . City limits until annexation on January 18, 1977, had been accepted by the City as a "legal nonconforming use" because c= its prior operation as a landfill for several years. Consequently, you said that no discretionary permit was necessary from the City. You asked us to discuss this matter further N:t Steven Chen in the City's Public Works Department. Mr. Chen confirmed your view that the City would have no role in the activities planned for the site. Instead, Mr. Chen advised us contact the Regional Board, the County and the Waste Feard, we assured him we already had done. As you know, the s_'_te always has been zoned M-2 (heavy industrial). You subsequently asked us to provide documentation cn the historical operation Of the site as a landfill so that t~e City could make a formal determination that the site is a 1=_ca: nonconforming use. You said that you then would issue -"his determination in a letter to Cove. We are pleased to provide this information, which is set forth below and in th.e encicsures, and look forward to receiving your confirming letter. Before 1979, the Cove site was owned by California C_a•_� Products, and was originally operated as a clay mine for brick manufacturing. In the early 19701s, after brick production ceased, California Clay began accepting automobile waste and construction debris for disposal. On March 16, 1973, Califcrni_ Clay submitted a report of waste discharge to the Regional Bcaer, which constitutes an application for WDRs (Ex. 1). Staff cf t`:e Regional Board inspected the site on March 29, 1973, rctina zne acceptance of automobile shredder waste. (Exhibit 2). On June 15, 1973, the Regional Board concluder that "the site is acceptable for disposal of Group II materials limited to the automobile demolition wastes now being r=eceived." (Exhibit 3). The Regional Board stated that it would "therefcae proceed with the preparation of tentative waste discharge requirements on that basis-" (Ld). However, the Reaicnal Board later determined to waive WDRs for the site, based upcn the submission of a revised operating plan, and a determination tat the potential for groundwater degradation was minimal. In 1976, the state legislature enacted a statute requiring all solid waste disposal facilities to apply for a County permit by August 15, 1977. (Government Code Section 66796.30(x).] California Clay's application, filed that date_,