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1 r <br />1 �® <br />6 0 <br />Valley Organics, Inc. <br />12900 N. Lower Sacramento Rd. Lodi CA 95242 <br />L (209)334-3659 or (209)466-0605 Fax (209)339-0047 <br />August 15, 2005 <br />Thomas Flinn, Director <br />San Joaquin County Dept. of Public Works <br />Box 1810 <br />Stockton, CA 95201 <br />Dear Mr. Flinn <br />Re: Requested clarification of composting facilities status <br />r . <br />-- <br />r"zc c� <br />=zn =r. <br />--4-4c <br />>C l <br />-+ co <br />In July 2004, Valley Organics, Inc. submitted a site approval application (PA -04-346) for a <br />proposed green waste recycling operation on 60 acres at Highway 12 and I-5. The Community <br />Development Dept recommended denial based on a. Public Works Dept determination that the <br />proposed composting site was a solid waste disposal facility, and SJ County Ordinance Code <br />Chapter 9-1605.17c (2,3) prohibits solid waste disposal in fringe flood areas. The purpose of this <br />letter is to communicate information to you questioning this determination. <br />Valley Organics position is that the Public Works Department erred in its evaluation that the <br />proposed project was a solid waste disposal facility. Valley Organics found in researching the <br />CIMWB Statutes and Regulations that composting operations are not considered solid waste <br />disposal facilities. The Public Resources Code clearly defines the different types of solid waste <br />facilities. According to Code Section 40194 "Solid Waste Facility" includes: a solid waste <br />transfer or processing station; a composting facility; a gasification facility; a transformation <br />facility and a disposal facility. However, according to Elliot Block, a CIWMB legal analyst, <br />"composting facilities are one type of a solid waste facility, they are not solid waste disposal <br />facilities. (Emphasis added) <br />We are continuing to search for a suitable parcel of land, because we believe a green waste <br />composting operation is feasible, and will keep tons of green waste out of the disposal process, <br />producing instead organic compost to be used for beneficial landscaping purposes. We fully <br />understand that each separate application is judged according to its specific conditions, but hope <br />that you will agree that a green waste composting site is not a solid waste disposal facility, and <br />could be located in a fringe flood area if necessary. <br />