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93. <br /> <br />92.3 <br /> <br />currefit data and information included in the most recent existing air quality report <br />and rqlated monitoring reports for ALRRF. <br />Possible CEQA Review Due to Substantial Noncompliance. In the event the <br />Board finds that there has been substantial noncompliance by the operator with <br />any o[the permit conditions during the five-year period under review, the County <br />may,~,in addition to any other recourse the County may have, and provided that <br />such hction is allowed pursuant to Public Resources Code section 21166 and <br />sections 15162 through 15164 of the CEQA Guidelines or any other applicable <br />provisions of CEQA, require CEQA review of the non-complying operations <br />prior to any approval of the continuation of such activities. <br /> <br />92.4 Possible CEQA Review Due to Substantial Changes or Significant New <br /> Information. Consistent with the provisions of CEQA, including Public <br /> Resources Code section 21166 and sections 15162 through 15164 of the CEQA <br /> Guid61ines, the County shall require additional CEQA review if, and to the extent, <br /> the Cbunty finds, based on substantial evidence, that further CEQA review is <br /> requi~ed pursuant to the terms of Public Resources Code section 21166, and <br /> sections 15162 through 15164 of the CEQA Guidelines or any other applicable <br /> provisions of CEQA. <br /> <br />Augmented Board of Supervisors Permit Compliance Review Prior to Mid-Capacity <br />Buildout Point. During that Five Year Compliance Review which is closest in time but <br />prior to thatI date which the operator projects that fifty percent (50%) of the total <br />approved capacity of the ALRRF expansion will be filled (the "Mid-Capacity <br />Compliance Review"), the County shall conduct a more intensive review of ALRRF's <br />compliance With this permit and based solely on that permit compliance review shall <br />specifically review whether the operator should be allowed to continue operation of the <br />ALRRF and l fill the remaining fifty percent (50%) of the total approved capacity of <br />ALRRF. In addition to the requirements for Five Year Reviews set forth in Condition <br />No. 92 above, during the Mid-Capacity Review, the Board of Supervisors shall determine <br />whether ALRRF may continue operations after fifty percent (50%) of ALRRF's total <br />approved capacity has been filled based solely upon its determination that the following <br />conditions h~ve been met: <br /> <br />(a) the operator has requested continued operation of ALRRF; <br /> <br />(b) ALRI~F is in compliance with all the conditions of this permit; and <br /> <br />(c) there iisa demonstrated need for continued operation of the ALRRF based upon <br /> consideration of the availability of other technologies or programs for source <br /> reduciion, reuse or recycling, existing or projected contracts or franchise <br /> agreelnents for disposal of solid waste at the ALRRF, and the existence of a <br /> market for solid waste disposal in the area, provided that this Mid-Capacity <br /> Coml~liance Review may not base any need finding upon the availability of space <br /> at any other solid waste landfills that do or could compete with the ALRRF. <br /> <br />27-B <br /> Final Attarnont Settlement - Exhibit B <br /> <br /> <br />