CORRESPONDENCE_1993-2003 - Laserfiche WebLink

Home Browse Search

XI. On November 15, 2001, SJC-EHD received application to amend the current Solid Waste Facilities Permit (SWFP). XII. On December 14, 2001,the LEA has determined that the application to amend the current Solid Waste Facility Permit(SWFP)was unable to process due to possible conflict between the proposed truck traffic and site approval limits. XIII. On December 19, 2001, meeting between Chandler Martin of SJC-CDD,Aaron Leach,Matthew Cotton and Jose Baraza of SSJCRCF and Mike Huggins,Robert McClellon and Steven Shih of SJC-EHD to discuss the possible conflict between the proposed truck traffic and site approval limits. Chandler Martin of SJC-CDD indicated that further review of the Site Approval (SA-93-41) revealed that no conditions of the Site Approval limited number of vehicles at this facility. Mr. Martin went on explain that the only vehicle number mentioned were an estimate by Weston Company, a consultant for SSJCRCF. XIV. On December 19, 2001, a letter from Chandler Martin of SJC-CDD clarifying the initial letter of August 10 2001, and stated that the proposed changes does not violate the provisions of the Site Approval (SA-93-41), and that the estimate of truck traffic does not set a limit. VIOLATIONS: Consequently,the SSJCRCF has violated the following code as a result of operating outside of the terms and conditions of the permit. The SSJCRCF is in violation of its SWFP issued on January 25, 2000, under Division 30 Public Resources Code, Section 44004(b), which reads: If the operator wishes to change the design or operation of the solid waste facility in a manner that is not authorized by the existing permit, the operator shall file an application for revision of the existing solid waste facilities permit with the enforcement agency. The application shall be filed at least 150 days in advance of the date when the proposed modification is to take place unless the 150-day time period is waived by the enforcement agency. THERFORE, PURSUANT TO PUBLIC RESOURCES CODE SECTIONS 45011(a)(1), YOU ARE ORDERED: 1) To obtain a revised SWFP that accurately reflects all existing conditions and activities at the Scott San Joaquin County Regional Composing Facility by the April 1",2002. PLEASE TAKE FURTHER NOTICE: Failure to correct any of the above violations could result in a civil penalty not to exceed ten thousand dollars, ($10,000) for each day the violation occurs, as cited in Section 45023 of the Public Resources Code or in the suspension or revocation of the SWFP as cited in Sections 44305 and 44306 of the Public Resources Code. SSJCRCF may also be subjected to a civil penalty,to be imposed administratively by the LEA,not to exceed five thousand dollars ($5,000) for each day violations occurs, as cited in PRC 45011(a). Notice And Order 01-02 Page 3 of 5 Scotts San Joaquin County Regional Compost Facility