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~ITY OF SAN BEOIARDINO I:).... MEMORANDUU
To MAYOR AND COMMON COUNCIL From RALPH H. PRINCE
City Attorney
Subject Proposed Rialto Tire Burning Power Plant Date July 7,1986
Approved Date 700. 1
As you know, on June 30, 1986, the South Coast Air Quality
Management District declined to issue operating permits for the
proposed tire burning power plant in South Rialto based upon a
study indicating particular emissions from the incinerators could
lead to a health risk for residents in the area.
Garb Oil and Power Corporation can appeal the decision to the
District Hearing Board within ten days from June 30, 1986.
Susan Durbin, Deputy Attorney General, contends that pursuant to
Section 21166 of the California Environmental Quality Act, a lead
agency or responsible agency has the authority to require a
supplemental or subsequent EIR, even after an EIR or negative
declaration has been issued. If new information of substantial
importance is discovered which was not known and "could not have
been known" at the time the original EIR or negative declaration
was issued. A "test burn" was recently conducted at a site in
Oregon and demonstrated that carcinogens would be emitted which
would pose a substantial health threat to people residing in the
Inland Empire. Such a subsequent EIR is not mandated by CEQA but
is discretionary with the lead agency or responsible agency.
Since the law was amended in January 1986, the "off-set"
requirements of the emissions of dangerous particulates applies
to all emissions.
Public Resources Code Section 21167Cb) proscribes a statute of
limitation of 30 days to challenge an improper environmental
assessment. The City of Rialto issued its negative declaration
concerning the proposed tire burning plant on January 8, 1985,
pursuant to Section 21108 of the Public Resources Code.
Therefore, the statute of limitations to challenge the negative
declaration has expired.
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