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1k 0 • Page 1 of 1 <br /> Michael Kith [EH] <br /> From: Lemus, Gustavo [Gustavo.Lemus@Scotts.com] <br /> Sent: Monday, November 23, 2009 4:05 PM <br /> To: Michael Kith [EH] <br /> Subject: Request for Cancellation of Office Hearing <br /> Importance: High <br /> Attachments: Linden's Action Plan &Abatement Process-NOV October 27 2009.doc <br /> Mr. Kith <br /> By means of this email The Scotts Company acknowledges receipt of your"Notice of Office Hearing" dated November 6, 2009. <br /> The notice addresses the disposal of tailings (wood chips, bark and the remains of the compost)and our lack of submitting a plan <br /> for disposing of waste materials. Since receipt of you letter, our Linden Facility has taken the necessary steps to eliminate all non- <br /> compliant conditions and to address a permanent solution in our waste stream processes. On Thursday November 19, 2009 you <br /> visited our facility as a follow up to the NOV issued on October 27, 2009. 1 hope that our action plans in place gave you an <br /> indication that our company is committed in resolving any outstanding issues. As you are aware we are in a transition period with <br /> our management staff and unfortunately this contributed to the oversight. Attached is"Linden's Action Plan and Abatement <br /> Process" previously sent via e-mail for your immediate review and approval. <br /> As a representative of The Scotts Company, I'm requesting the Notice of Office Hearing be rescinded based our plan submittal <br /> and our continued commitment to abide by all regulations. I want to assure you that compliance is a top priority in our daily <br /> operations and hope our efforts in abating the current conditions will once again establish a trusted working partnership with your <br /> department. <br /> Sincerely, <br /> Gustavo Lemus <br /> ftionafE9fS Manager-West Coast <br /> The Scotts Company <br /> C.-916.549.9450 <br /> gustavo.Lemus@scotts.com <br /> 5/20/2010 <br />