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Frank Cutter VP HR&Safety Bulk Transportation/DTI 909.594.2855 x128 O 909.594.7840 F 951.203.7036 C The information contained in this email is confidential,proprietary,sensitive, and/or attorney-client privileged information dealing with human resources matters, and may contain personally identifiable information. It is not intended for general distribution. Please treat this email, and the information it contains, as confidential, trade secret information and do not distribute beyond the Human Resources Department without permission. If you receive this email in error, please discard it immediately in a secure manner, and notify the sender of the error. From:frankc@bulk-dti.com [mailto:frankc@bulk-dti.com] Sent:Sunday, April 23, 2017 2:22 PM To: Frank Cutter<FrankC@bulk-dti.com> Subject: From: Kelly McDaniel [mailto:Kelly.McDaniel@sicda.ora] Sent:Thursday,April 13, 2017 2:53 PM To: Frank Cutter<FrankC@bulk-dti.com> Cc: Brett Richardson <BrettR@bulk-dti.com>;Jeff Machado <JeffM@bulk-dti.com>; Susan Duffield <SusanD@bulk- dti.com> Subject: RE: Environmental Health Reports Mr. Cutter, I am sorry to hear that you are going through all of these health issues. Does your business have either an attorney or another member of the business that I can meet with? Also,who will be handling environmental compliance in your absence? I am not inclined to wait another six weeks before filing, in light if the fact that your business has been out of compliance since January 1, 2013, and Environmental Health has attempted to work with your business to gain compliance for the past year with absolutely no attempts on Bulk's part to work toward compliance. In fact,two of Mr. Lopez's emails entitled "Past Due Compliance Submittal Notification"were never even opened. As stated in the letter sent to your business, my office has received a referral for prosecution. I often will allow the business to come and meet with me to discuss the case before I file,which is what I have done in this case. Although I understand your predicament,your business is continuing to operate without being in compliance with environmental regulations. As explained before,this puts the public and our first responders at risk. Please advise both on status of compliance and whether your business would like to meet with me before I file an action with the court. I intend on filing an action by the end of the month if I am not able to make arrangements to meet with someone from your business before then. Regards, Kelly R. McDaniel Deputy District Attorney Environmental and Consumer Crimes Division San Joaquin County District Attorney's Office 222 E. Weber Ave, Room 202 1 Stockton, CA 95202 Phone: 209.468.2492 1 Fax: 209.468.0314 4