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'WARRVI H, ATHERTON <br />JACK C. -DOZIER <br />CHARLES R. E�PATOLA. JR. <br />ATHERTON & DOZIER <br />ATTORNEYS -AT -LAW <br />305 NORTH EL DORADO STREET <br />SUITE 3131 <br />STOCKTON, CALIFORNIA SS202 <br />TELEPHONE 464-4525 <br />February 9, 1973 <br />Mr® Phil Dunn <br />McGaw Company <br />10500 S. Harlan Road <br />French Camp, California <br />Dear Mr® Dunn: <br />I enclose copy of letter from San Joaquin Local Health District <br />dated February 2, 1973, regarding the ten -acre Cal -Clay South Pit® <br />Mr® Beach has made, as you can see, a thorough review of the <br />materials dumped, and some of it is obviously Class II material <br />(i.e., decomposable, organic, etc®) and not consonant with <br />McGaw's dumping contract with Cal -Clay, and also not consistent <br />with the "clean" fill which has been going into the pit for past <br />fifteen years® Class III materials (inert, non -decomposable, non- <br />soluble in water) are okay although we will be promptly taking the <br />necessary procedures to acquire required Permit from State Water <br />Quality Control Board, and possibly from San Joaquin County and/ <br />or Health.District (although since our Class III dumping has been <br />going on for a period antedating the zoning and permit requirements, <br />we may be "grandfathered" in). <br />Tentatively cement asbestos waste, dirt, and concrete are <br />Class III® There is some uncertainty as to asphaltic concrete, <br />but I would guess this will,eventually be held to be Class III <br />(it is inert, non -decomposable, and must not be water soluble or <br />all our roadswould disappear)® <br />We realize the Class II waste (paper, wood, etc®) was dumped <br />in the last two months through error and appreciate your agreement <br />to get it out'as soon as your trucks can navigate the mud in the <br />bottom of the pit (in the meantime please shove it up with the <br />scraper into one pile at mouth of the two -acre Northeast Extention <br />so it will not get covered by Class III material)® <br />I will keep in touch with you as to such operating require- <br />ments as the Board, County, or Health District may require® <br />