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Linden's Action Pian and Abatement Process NOV— October 27, 2009 November 19, 2009 Michael Kith, REHS Lead Senior Registered Environmental Health Specialist 600 E. Main Street Stockton, CA 95202 Re: Site Visit Facility ID#: 39-AA-0026 Mr. Kith, Per our discussion earlier today, I'm submitting a summary of events that have taken place at our Linden Facility to address the issues outlined on the Notice of Violation dated October 27, 2009. As I had mentioned on your previous visit, I was recently hired by the Scotts Company to provide technical assistance, to the site, and to assure regulatory requirements are being met. As a representative of The Scotts Company, I want to assure you that compliance is a top priority in our daily operations. Following are the steps we have taken to abate the current conditions outlined on the NOV: Tailings Pile—Approximately 5,000 Cubic Yards • Immediately after your October 27, 2009 visit a directive form our Regional Director, Bob Bawcombe, was given to remove the tailings from the site to the landfill. • Hauling contract was awarded to Tiger Lines, whom committed to have trucks dedicated on a daily basis until the project is completed. • An average of 10 loads per day(approx. 36yds/load) is being sent out to the Forward Landfill. • Anticipated date for complete removal of the tailing is November 30, 2009. Trommel Screen Operations—Generation of tailings encroaching on the adjacent creek • Screening process was ceased after receipt of the Notice of Violation • Currently we are retracting the pile away from the creek. The final plan is to level and slope this area and introduce vegetation. • Trommel screen equipment is scheduled to be relocated away from the creek by Friday November, 20, 2009. Green Waste Compost—Heavy contamination with plastic • A representative from Pacific Rock& Recycle Equipment Co. visited our site on Tuesday November 17, 2009 to help us identify a solution to this issue. • On the week of November 30 to December 4, 2009, Pacific Rock& Equipment will provide hands on demonstration on a piece of equipment that is designed to remove the plastic from the green waste overs via a cyclone. • Clean green waste compost will be sent thru the grinder for further composting and anything left over that can not be composted will be presented to Covanta Energy as a possible bio-fuel raw material. • Covanta Energy has expressed interest in using our clean green waste overs to fuel their energy producing plants. Thank you for your visit today and I hope our future meetings will help create a strong partnership with your agency. Be assured that our company is committed to the implementation of this action plan and to continue improving our daily processes to eliminate all compliance issues.