Milpitas v. San Jose LEA Decision

https://drive.google.com/file/d/0B8FvwIFK35CAcm9RRG54d2cybEE/view
(pasted from document above)

CONCLUSION
There are no continuing violations of applicable laws and regulations by the LEA. I find as a fact and conclude as a matter of law that the City of Milpitas is not entitled to any of the relief it seeks, and that all its claims are denied.

Milpitas has not established that:
1. the LEA failed to act as required by applicable laws and regulations with regard to the issuance of the revised permit for the Landfill; or that
2. the LEA failed to act as required by applicable laws and regulations with regard to the Recyclery and the Landfill, other than odor allegations, after December 8, 2015, or that
3. the LEA failed to act as required by applicable laws and regulations with regard to the

Compost Facility.
The LEA established that, with respect to Milpitas’ claims that the LEA failed to act as required by applicable laws and regulations with regard to the Recyclery and the Landfill, prior to December 8, 2015, those claims are barred because they were not timely filed as required by PRC § 44310 (B).

WHEREFORE, IT IS HEREBY ORDERED THAT ALL CLAIMS IN THE PETITION ARE DENIED.

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