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HONORABLE BOARD OF SUPERVISORS <br /> May 5 , 1982 <br /> Page Twelve <br /> this letter is irrelevant, since this refers to the same <br /> shipment from Gimelli Bros. , which was never received. We <br /> dispute Mr. Konig' s contention that "there is reasonable <br /> doubt" as to the receipt of this waste. Mr. Dermody of your <br /> staff has investigated what was received, and his report of <br /> March 4, 1982 does not show this material as received on the <br /> site, thus corroborating Forward, Inc. ' s, statement. <br /> In addition, we point out that his letter no. 5 is <br /> extremely misleading, as follows : That waste, even if it <br /> had been received, would have had fluoride in the form of <br /> CaF2 - which is an insoluble precipitate of fluoride 3) , <br /> and is not poisonous in the sense that fluoride or fluorine <br /> themselves are poisonous. Letter No. 5 carefully avoids <br /> mentioning this. <br /> All of the above is very strong - perhaps even harsh - <br /> and we apologize for that tone. However, the continuing <br /> attack, on a lawful business, legally and properly conducted, <br /> under permits constituting vested rights, is unwarranted. <br /> This is particularly true because of the manner of the attack. <br /> Forward, Inc. does have a vested right to operate its <br /> business, free from unwarranted interference. Investigations <br /> and reports by proper governmental agencies are necessary, and <br /> proper - indeed, they are welcome, since they dispel concerns. <br /> It must be pointed out, however, that Forward, Inc. does <br /> have an economic interest of some magnitude in that site. In- <br /> deed, we are specifically required, by SB95 (Health and Safety <br /> Code §25245) to maintain financial assurances sufficient under <br /> the regulations to guard against liabilities, and to close <br /> and maintain the site for 30 years subsequent to closure. <br /> To repeat what was said earlier in this letter, Forward, <br /> Inc. does understand and appreciate the concerns expressed <br /> by the Farm Bureau. We believe that the concerns are met <br /> by the proper operation of the site - nevertheless, it is <br /> also our feeling that the Farm Bureau will not accept that <br /> resolution and that it will continue to request that the <br /> site be closed. As stated strongly above, there are no valid <br /> grounds for such a request, and it is not proper to place <br /> on Forward, Inc. the economic loss which would occur from a <br /> closing. Nor do we see how we could meet the requirements <br /> of SB95 if a closing were made. <br />