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Subject: Forward Landfill(Forward)and Ameresco Forward,LLC.(Ameresco),NON-Common <br /> Control Relationship <br /> This letter is prepared to present reasons why Forward and Ameresco should not be considered under <br /> Common Control. <br /> Background Information on Ameresco Forward, Inc./Republic Services, Inc. is provided in the following <br /> table. <br /> Ameresco Forward,LLC. Forward Landfill , <br /> Ownership LLC privately owned Republic Services, Inc. owned <br /> landfill <br /> LFG Collection and Destruction Burns landfill gas as the fuel of Fully capable of collecting and <br /> choice but capable of burning burning landfill gas independent <br /> any gaseous fuel of Ameresco <br /> Contract Relationship Ameresco will purchase fuel Forward will sell fuel on an as <br /> from Forward available basis to Ameresco <br /> There are three tests commonly used to determine if a facility is under common control and their <br /> relationship to Ameresco are: <br /> Same industrial grouping (or same "Major True: The first two digits of the SIC code for the <br /> Group,"meaning the first two digits of a landfill and power plant are the same <br /> four-digit SIC code <br /> Located on one or more contiguous or True: The power plant will be located on land <br /> adjacent proper-ties leased from Forward <br /> Under the control of the same person or False: <br /> persons under common control • There is no financial interest in one another: <br /> that is Profit from Forward is not shared with <br /> Ameresco and Profit from Ameresco is not <br /> shared with Forward <br /> • Ameresco is solely responsible for regulatory <br /> compliance for this facility. Forward is solely <br /> responsible for regulatory compliance for the <br /> landfill. <br /> • Forward maintains their own flare so <br /> compliance with gas collection and destruction <br /> is not dependant on Ameresco <br /> • Forward and Ameresco do not share <br /> intermediates,products, byproducts, <br /> equipment or property. Custody of LFG is <br /> transferred to Ameresco within the Ameresco <br /> facility. <br /> • EPA Response to the question: What is the <br /> definition of facility as it relates to landfills and <br /> landfill gas to electric(LFGTE) plants? <br /> • The rule defines"facility"as any physical <br />