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Barbara Ettlinger, Esq. <br />December 2, 1994 <br />Page 2 <br />the position that this contamination potentially exists in the <br />debris and, unless shown otherwise, there further exists a <br />potential for leaching of the contaminant into the groundwater <br />under the landfill. Obviously, the technical experts would have to <br />determine whether the contamination and potential groundwater <br />contamination actually exist. <br />After you have had an opportunity to review the enclosed material, <br />and possibly discuss the matter with your personnel, please give me <br />a call. There appear to be numerous alternatives to a resolution <br />of this matter, depending upon what the technical people advise. <br />We may wish to discuss some of these alternatives prior to either <br />of us expending significant time or money consulting the technical <br />experts. I have to emphasize, however, that with the arrival of <br />inclement conditions, if the debris is contaminated, and if such <br />contaminant(s) could potentially- leach into the surrounding <br />portions of the landfill and eventually into the groundwater, it is <br />imperative that we act as quickly as possible to arrive at some <br />solution. <br />I look forward to your telephone call. <br />R. THOMAS HARRIS <br />CITY ATTORNEY <br />BY <br />.Z- <br />ATTORNEYDEPUTY CITY <br />BJT/dmg <br />Enclosures <br />cc: JAMES B. GIOTTONINI, Public Works Director <br />STEPHEN CHEN, Deputy Public Works Director, Solid Waste <br />MICHAEL MILLER, Solid Waste Manager <br />STEVEN J. HUNT, Liability Claims Investigator <br />E:\WP51\BJT\PW\M&BEPA.LTR <br />h. <br />