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June 25, 2004 Safety-Kleen Systems, Inc. City of Manteca San Joaquin County Page 2 of 4 On Monday, December 29, 2003, approximately 10:45 a.m. Ken Wyman was driving a 1998 Ford tractor with a 48' Great Dane refrigerated trailer owned by the Redwood Empire. At the time of the incident there was a heavy downpour of rain. In the vicinity of 1200 S. Main Street in Manteca on the ramp to Highway 120, the vehicle sustained a punctured fuel tank from an unseen road hazard, resulting in a diesel spill as the truck proceeded on the ramp. The road hazard was discovered to be a construction spike that measured approximately 3' long and 3/a" in diameter. Mr. Wyman realized this immediately and did not drive any measurable distance after the spike punctured the tank. He immediately stopped the vehicle and called for emergency assistance. The City of Manteca chose and contracted with Safety-Kleen. Redwood Empire had no voice or control of who, if anyone, was going to do the cleanup. Based on investigation to date, this appears to be a case of no liability on the part of Mr. Wyman and the Redwood Empire. It appears the city. county, its inspectors, and the developer.. of the adjacent property failed to properly oversee the roadway conditions in and around this area to ensure the safety of the public using the Highway 120 ratnp._The_dangerous condition of the public property caused this unfortunate incident. In addition to disputing liability, we are unable to discern if the work charged for was reasonable or necessary without further documentation. No one assessed or calculated the amount of the spill or questioned the driver as to the amount of fuel left in the tank. We have not been provided with a fee schedule for hazardous spill cleanup, a copy of the emergency services reimbursement, ordinances or applicable statute. In addition, receipts have not been produced although itemization and documentation was requested by Freese & Gianelli Claim Service. It is questionable if the spill warranted the need for as many agencies to be called: the Manteca Police Department, Manteca Fire Department, City of Manteca Streets Division, San Joaquin County OES, California OES, and the California Department of Fish & Game along with a cleanup agency. This was a small spill and we question from a practical standpoint if such a response and costs were warranted. The invoices are not itemized. They only show a lump-sum charge for services rendered. It is common practice in situations such as these to comply with Best's Review Property/Casualty which dictates which documents should accompany the invoice. They should include: " I.