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.st February 8, 1990 California Integrated Waste Management Board 1020 Ninth Street, Suite 300 Sacramento, California 95814 Re: Compliance Agreement for Foothill Sanitary Landfill, Facility No. 39 -AA -004 - Your letter of January 10, 1990 COMPLIANCE AGREEMENT Violation 18211 - Application for Revision of a Permit As set forth in the compliance agreement which you received on November 9, 1989, we set forth the following: "This site has always been permitted to receive infectious waste with the approval of the Local Health District and has in fact been receiving such waste for many years. We fail to see how continuation could constitute a significant change in the design or operation of the facility. See attached October 12, 1989 letter from the Public Health Services Department of the County of San Joaquin for further explanation." Copy also attached hereto. Although both the operator and Local Enforcement Agency are in accord on the facts, your letter states, "A review of Board files indicates no evidence or correspondence related to this issue." Based on your files, you have apparently concluded that the applicant and Local Enforcement Agency are not correct. We do not agree with your determination that a signifi- cant change in facility operations has occurred and hereby appeal the same. Please advise as to when we might be given a hearing on this matter. Our expectation is to present witnesses from both the Public Health Services Department and the operator who will testify under oath as to the alleged facts. This testimony will include approval by the State. We do not feel that a revision of the SWFP is required in that it was intended to be included and the SWFP has always been treated as including the same. The operation plan which has been in use was approved by the Local Enforcement Agency.