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E E ENVIRONMENTAL HEALTH PERMIT/SERVICES VIA FAX AND CERTIFIED MAIL Mr. Ed Padilla Senior Registered Environmental Health Specialist San Joaquin County Public Health Services P.O. Box 2009 1601 East Hazelton Avenue Stockton, California 95201 701 FIFTH AVENUE SEATTLE, WASH I NGTON 98104-7098 FACSIMILE (206) 447-0849 TELEPHONE (206) 447-0900 1300 S.W. FIFTH AVENUE PORTLAND,OREGON 97201-5696 FACSIMILE (S03) 241-0950 TELEPHONE (503) 227-7400 550 WEST 7TH AVENUE ANCHORAGE, ALASKA 99501-3571 FACSIMILE (907) 277-1920 TELEPHONE (907) 277-1900 Re: California Clay Landfill, Permit No. 39 -AA -010-- 3242 South El Dorado, Stockton, California Dear Mr. Padilla: Roger Carrick and I enjoyed our conversation with you regarding your agency's June 18, 1990 letter to Jack Hecht of Cove Contractors in the above -referenced matter. We appreciate your reconsideration of the revocation of the permit, and wanted to offer you the results of our review of the applicable laws and regulations. Our research has not revealed authority for revoking or refusing to renew a solid waste facilities permit on the basis of non -receipt of waste for a given period of time. Instead, the California Code of Regulations authorizes the enforcement agency to issue a notice and order to correct violations of a permit or standards for storing solid waste, or to correct threats to public health and safety. [14 Cal.Code Regs. §18304.] As for proceedings to modify, suspend or revoke a permit, the Regulations authorize such action where permit conditions have been violated, or the permit was obtained by misrepresentation or failure to disclose relevant facts, or modification is required to comply with the law or protect the public. [Id. at §18307.] Both sections contain requirements for adequate notice and opportunity for hearings, as does the Health and Safety Code. [See Health and Safety Code §§44300-01; 44500 et sea.] HELLER, EHRMAN, WHITE & MCAULIFFE ATTORNEYS 333 BUSH STREET A PARTNERSHIP INCLUDING PROFESSIONAL CORPORATIONS SAN FRANCISCO, CALIFORNIA 94104-2878 FACSIMILE (415) 772-6268 555 SOUTH FLOWER STREET, 25TH FLOOR TELEPHONE (415) 772-6000 LOS ANGELES, CALIFORNIA 90071-2306 TELEPHONE (213) 689-0200 -FACSIMILE (213) 614-1868 $25 UNIVERSITY AVENUE PALO ALTO, CALIFORNIA 94301-1908 FACSIMILE (415) 324-0638 TELEPHONE (415) 326-7600 June 26, 19901�, "kEIVED JUN 2 9 1990 ENVIRONMENTAL HEALTH PERMIT/SERVICES VIA FAX AND CERTIFIED MAIL Mr. Ed Padilla Senior Registered Environmental Health Specialist San Joaquin County Public Health Services P.O. Box 2009 1601 East Hazelton Avenue Stockton, California 95201 701 FIFTH AVENUE SEATTLE, WASH I NGTON 98104-7098 FACSIMILE (206) 447-0849 TELEPHONE (206) 447-0900 1300 S.W. FIFTH AVENUE PORTLAND,OREGON 97201-5696 FACSIMILE (S03) 241-0950 TELEPHONE (503) 227-7400 550 WEST 7TH AVENUE ANCHORAGE, ALASKA 99501-3571 FACSIMILE (907) 277-1920 TELEPHONE (907) 277-1900 Re: California Clay Landfill, Permit No. 39 -AA -010-- 3242 South El Dorado, Stockton, California Dear Mr. Padilla: Roger Carrick and I enjoyed our conversation with you regarding your agency's June 18, 1990 letter to Jack Hecht of Cove Contractors in the above -referenced matter. We appreciate your reconsideration of the revocation of the permit, and wanted to offer you the results of our review of the applicable laws and regulations. Our research has not revealed authority for revoking or refusing to renew a solid waste facilities permit on the basis of non -receipt of waste for a given period of time. Instead, the California Code of Regulations authorizes the enforcement agency to issue a notice and order to correct violations of a permit or standards for storing solid waste, or to correct threats to public health and safety. [14 Cal.Code Regs. §18304.] As for proceedings to modify, suspend or revoke a permit, the Regulations authorize such action where permit conditions have been violated, or the permit was obtained by misrepresentation or failure to disclose relevant facts, or modification is required to comply with the law or protect the public. [Id. at §18307.] Both sections contain requirements for adequate notice and opportunity for hearings, as does the Health and Safety Code. [See Health and Safety Code §§44300-01; 44500 et sea.]