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August 26, 1992 <br />Ms Nancy K. Lancaster <br />Compliance Unit, Surveillance <br />Dept. of Toxic Substances Control <br />Page 4. <br />estimate and related financial assurance requirements, and any <br />perceived shortcomings in that regard are the unfortunate result, of <br />staffing shortages caused by the State's budget troubles. <br />Our specific responses to items 3-7 of the alleged schedule of <br />violations are as follows: <br />3. While your file does not reflect inflation adjusted post <br />closure cost estimates, our current Trust balance of $ 840,503.86 <br />plus Letter of Credit of $214,000.00 should exceed the final post <br />closure cost estimate. Based on input from Kleinfelder, Forward, <br />Inc. estimates that post closure costs will be less than the <br />current amount of financial assurance now in place. This final <br />estimate will be determined after the Article 5 Report and <br />Rescoping Proposal are reviewed and revisions to post closure <br />monitoring costs are made. once the final post closure cost <br />estimate is determined, Forward Inc. will adjust this estimate for <br />inflation annually according to. Title 22, Division 4.5, Section <br />66264.144. <br />4. Forward Inc. will demonstrate adequate financial assurance <br />to the DTSC for post closure care in accordance with Title 22, <br />Division 4.5, Section 66264.145. We are anxious for a final <br />determination of the post closure monitoring costs for WMU-A so <br />that the financial assurance requirements can be quantified, and <br />financial assurance demonstrated. As noted above, it appears that <br />Forward's current level of funding not only meets these <br />requirements, but probably exceeds them. <br />5. Please see our enclosed certificate of acknowledgement. <br />Schedule A will be revised as soon as DTSC and Forward establish <br />the updated post closure cost estimate. <br />6. As discussed above, we believe we will be over funded once <br />the final post closure monitoring requirements and post closure <br />cost estimates are determined. If for some reason an additional <br />payment is required after the revised post closure cost estimate is <br />determined, Forward Inc. will make this payment in accordance with <br />Title 22, Division 4.5, Section 66264.145. <br />7. Pursuant to our original Schedule A, Forward, Inc. <br />deposited $ 364,000, consisting of $ 150,000 cash and a $ 214,000 <br />letter of credit. Therefore, -Forward, Inc. is not in violation of <br />