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11 c� 4� F60 Donna K. Fleran, R.E.H.S. Director Al Olsen, R.E.H.S. Program Afam er Laurie A. Cotulla, R.E.H.S. Pro"'Pam Afamwer Mr. Kevin Basso Forward Incorporate 1145 W. Charter Way Stockton, CA 95206 RE: Letter of July 26, 2005 Dear Mr. Basso: NMI MA. or SAN J A U N COUNTY 304 East Weber Avenue, Third Floor Stockton, California 95202-2708 Telephone: (209) 468-3420 Fax: (209) 464-0138 August 18, 2005 Unit Supervisors Carl Bor::-.:in. R.E.H.S. %like Huggie-. R.E.H.S.. R.D.I. Dou,las W. «ilson. R.E.H.S. %laroaret L.:_orio. R.E.H.S. Robert NWC.eIlon. R.E.H.S. Mark, Bar, -'!o.,. R.E.H.S. The Environmental Health Department (EHD) has received and reviewed your letter. This letter is an attempt to clarify the position of the EHD regarding the issues at the site. In your letter you state that the findings of the inspection report is based on inaccurate information and requires correction or rescission. The violations and areas of concerns noted on the inspection reports are based on information supplied by your site operator, actual conditions at the site or are considered part the record keeping that you employ at your site. The issues raised by Your letter are addressed below: Permitted Tonnage Limits: The Solid Waste Facility Permit (SWFP) (39 -AA -0015) states Permitted Maximum Tonnage to be 46,060 tons per week (not to exceed 8,668 tons per day). The maximum tonnage listed in the permit does not allow other materials to be brought in excess of this amount regardless of diversion efforts. The SWFP condition (i.) states "The maximum permitted weekly tonnage for the combined Forward Landfill and the Forward Resource Recovery Facility is 46,060 tons per week, and shall not receive more than this amount without a revision of this permit. " This condition is more specific regarding the amount of tons received. The permit does not allow or describe how certain wastes would be re -used onsite and therefore not be counted toward total tons received. The Joint Technical Document, for the facility on page 4-11, states, "Forward Landfill will be accepting the maximum permitted tonnage of 46,060 tons/week". This is clearly stated in the document that governs site operations. The Final Environmental Impact Report (SCH# 2001052081), page 57 states, "The proposed maximum daily tonnage is 8668 tons/day". In all the documents that have been developed to explain or describe how the site will be constructed, operated, controlled, closed and maintained in perpetuity there is no description of the process in which waste materials and soil are brought in to the facility and that the waste material and soil would not be counted toward daily tonnage. During the meeting with California Integrated Waste Management Board (C1WMB) staff there was discussion that materials brought in for construction could be included as part of the daily tonnage. You were to provide the EHD with a proposal for materials that you though should not be counted as part of the total daily tonnage for the site. During; the meeting I indicated that you should be reasonable in your proposal and that I would review it and get back to fou. The EHD has not received that proposal for review. Page 1 of 2