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David J. Irey, Esq. July 18, 2006 Page 5 Assessment for Forward/Austin Road Landfill Expansion, Environ, March 14, 2002, excerpts at Tab 6.) The other point worth making is that clean soil and rock used as daily cover should never count towards the tonnage limits in a Solid Waste Facilities Permit because these materials have never been regarded as"solid waste"by the CIWMB. In a document published by the Integrated Waste Management Board containing questions and answers regarding the CIWMB's proposed construction and demolition debris regulations (Tab 7), the CIWMB responded to a question regarding the regulation of clean soil and rock received at transfer stations by stating that: "The CIWMB has provided no such guidance as it is believed that solid waste statutes,regulations and supporting documents clearly indicate that there is no intent to regulate clean soil and rock." Note that in reporting tonnage receipts to the LEA, the SWFP requires the reporting of the tonnage of"waste"entering the facility each day. (SWFP Paragraph 16 (a)—see Tab 3.) Indeed,based on discussions between Forward and the LEA,we believe that the LEA concurs with the concept that clean soil and rock should not count towards the tonnage limits in the Forward Landfill SWFP. As a result of discussions and meetings between Forward representatives and the LEA,Forward submitted a proposal to the LEA in January, 2006 (Tab 8), outlining the proposed criteria used to define whether soil delivered to the Forward Landfill would be classified as either"contaminated soil"(waste that would count towards the SWFP tonnage cap) or"soil material"(also referred to as"clean soil,"which would not count towards the tonnage cap). The LEA has verbally concurred with Forward's proposal,but has yet to confirm this concurrence in writing. You mentioned during our meeting that perhaps the LEA was deferring to your office on this issue. The reason I mentioned this clean soil issue is that if clean soil is not counted towards the tonnage limits in Forward Landfill's SWFP, then the Landfill has operated within its daily tonnage limits on almost every occasion previously cited by the LEA. With respect to your question regarding changes in operations at the Landfill, once again Forward has made significant concessions to the LEA in an effort to achieve a good faith resolution of this matter. As mentioned above, Forward has prepared a written protocol to more clearly define contaminated soil versus clean soil, and has improved on its reporting to the LEA of monthly tonnages of various materials received at the Landfill. Furthermore, as an additional accommodation to the LEA,Forward has agreed to count all materials used as ADC (but not counting clean soil and rock)towards the daily and weekly tonnage limits in its SWFP. I hope you appreciate that this is a significant concession by Forward,because in the past materials received at Forward and other landfills for use as ADC has not been treated as counting towards the tonnage limits in landfill permits.