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David J. Irey, Esq. July 18, 2006 Page 6 3. Receipt of Hazardous Waste at Forward Landfill(Use of Auto Shredder Waste As ADC). The final issue you expressed as being of principal concern in your investigation was whether the Forward Landfill had received hazardous waste in violation of its Solid Waste Facilities Permit. Here,you stated that your concern was that Forward Landfill received treated auto shredder waste from Schnitzer Steel. The Forward Landfill is prohibited under its SWFP from receiving hazardous wastes "except as identified in the Report of Facility Information and approved amendments thereto and as approved by the enforcement agency and other federal, state and local agencies." (See SWFP, Section 14.) Treated auto shredder waste has been de-classified by the California Department of Toxic Substances Control as"non-hazardous"if it is treated pursuant to Title 22, California Code of Regulations, section 66268.106(a)(1). (Tab 9.) The treated auto shredder waste generated by the Schnitzer Steel plant has been specifically recognized by DTSC as declassified non-hazardous waste. (See letter from DTSC to Schnitzer Steel dated June 13, 1998—Tab 10.) The Forward Landfill's Waste Discharge Requirements Permit issued by the Central Valley Regional Water Quality Control Board permits Forward Landfill to receive treated auto shredder waste. (See Revised Waste Discharge Order No. R5-2003-0049, dated March 14, 2003, at p. 3, paragraphs 14 and 15 and p. 15, paragraph 7—Tab 11.)The SWFP for the Forward Landfill allows auto shredder waste that has been treated pursuant to 22 CCR 66268.106(x)(1) to be used at the Landfill as ADC. (See SWFP condition 17. p and r.) Note that there is also a CIWMB regulation on point, found at 27 CCR 20690, entitled"CIWMB Alternative Daily Cover."27 CCR 20690(b)(6),which states that treated auto shredder waste may be used as ADC if it has been treated pursuant to 22 CCR 66268.106(a)(1) (included in Tab 2). In conclusion,while treated auto shredder waste may contain certain characteristics which would otherwise lead it to be classified as hazardous waste,the California Department of Toxic Substances Control has declassified treated auto shredder waste as non-hazardous waste based on the fact that the waste has certain mitigating physical and/or chemical characteristics that render it non-hazardous. (Tab 10.)The Forward Landfill is authorized under its Solid Waste Facilities Permit issued by the LEA/CIWMB and its Waste Discharge Requirements permit issued by the Central Valley Water Board to receive treated auto shredder waste and to use that waste as Alternative Daily Cover. Accordingly,the Forward Landfill is not in violation of any of its permits or applicable regulations in receiving treated auto shredder waste at the Forward Landfill, or for using it as Alternative Daily Cover. CONCLUSION. We believe this letter demonstrates that Forward, Inc. has not committed any acts that violated its permits or applicable CIWMB regulations. But just as importantly, we believe the