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r <br /> San Joaquin County <br /> EnvironmentalHealth eartent DIRECTOR <br /> —� OG Donna Heran,REHS <br /> 600 East Main Street <br /> ry :{ PROGRAM COORDINATORS <br /> Stockton, California95202-3029 Margaret Lagorio,RENS <br /> Robert McClellon,REHS <br /> Website: www.sjgov.org/ehd Jeff Carruesco,REHS,RDI <br /> g i F o R Kasey Foley,REHS <br /> Phone: (209)468-3420 <br /> Fax: (209)464-0138 <br /> NOTICE OF OFFICE HEARING <br /> November 6, 2009 Sent Certified and U.S.Mail <br /> The Scotts Company <br /> Bob Bawcombe, Director of Operations <br /> 42375 Remington Avenue <br /> Temecula, CA 95290 <br /> RE: Disposal of tailing(wood chip, bark and the remain of the compost)at Scotts <br /> Regional Composting Facility,23390 Flood Road,Linden,California <br /> SWIS#39-AA-0026 <br /> The San Joaquin County Environmental Health Department (EHD) conducted monthly routine <br /> inspection at the above-referenced facility. It was observed and confirmed that the tailing (wood , <br /> chip, bark and remain of the compost) has been stockpiled at above-referenced facility since <br /> November of 2008. The pile subsequently grew larger. Title 14 of California Code of Regulation <br /> (14CCR) Section 17852(a) (15) (A) states "Disposal means stockpiling of compostable material <br /> onto land for a combined period of time greater than six months..." Land disposal is not <br /> authorized at the above-referenced facility. The violation on this issue was first noted on the <br /> inspection report dated May 27, 2009. The operator has ignored the EHD's repeated request to <br /> submit plan and/or to dispose of that waste. <br /> This is a violation of the Public Resources Code (PRC) Section 44004 (a) An operator of a <br /> solid waste facility may not make significant change in the design or operation of the solid <br /> waste facility that is not authorized by the existing permit, unless the change is approved by <br /> the enforcement agency, the change conforms with this division all regulations adopted <br /> pursuant to this division, and the terms and conditions of the solid waste facilities permit <br /> are revised to reflect the change. <br /> Therefore, an Administrative Office Hearing has been scheduled on Tuesday December 8, 2009 <br /> r at 10:00am, at 600 East Main Street, Stockton, California. An Administrative Office Hearing fee <br /> of$230.00 will be collected at the time of the hearing. Failure to respond to this notice will result <br /> in further legal action. <br /> YOU ARE REQUIRED TO BRING THIS NOTICE WITH YOU <br /> Notice of Office Hearing Page 1 of 2 <br /> Scotts Regional Composting Facility <br /> SWIS#39-AA-0026 <br />