The appellant appealed a waste management permit issued to the respondent to operate a landfill in the Cache Creek Area. His initial grounds of appeal were that the respondent had not been complying with the terms of his permit. However, the Board told him enforcement was not in their jurisdiction to consider. The Board determined the only grounds for appeal open to the Appellant are that the Director has not carried out the requirements of the original permit, as varied by the Board at an earlier hearing. In the alternative the appellant could argue that the approved plans for the facility will or may cause pollution.
The Board determined on the appellant’s second ground that the design would not cause unreasonable pollution. There was some evidence of possible leachate but the Board found it would be in small quantities and would not contaminate the groundwater. The Board found that the operating procedure authorized by the Director would not cause unreasonable pollution. It therefore dismissed the appeal.
