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FOUNDED AS <br />ASHLEY 6 NEUMILLER <br />JANUARYt903 <br />E <br />Neumiller & Beardslee <br />A PROFESSIONAL CORPORATION <br />ATTOWSTRYS AND COUNSELORS <br />FIFTH FLOOR WATERFRONT OFFICE TOWER 11 <br />509 WEST WEBER AVENUE <br />STOCKTON, CALIFORNIA 95202 <br />July 14, 1989 <br />Mr. Herb Iwahiro <br />Chief Deputy Executive Officer <br />California Waste Management Board <br />1020 - 9th Street, Suite 300 <br />Sacramento, CA 95814 <br />E <br />MAILING ADDRESS: <br />P.O. DRAWER 20 <br />STOCKTON, CALIFORNIA 95:01-9076 <br />TELEPHONE 1209) 946-8200 <br />Re: Forward, Inc. (San Joaquin County) 5 -year <br />Disposal Site Review/28960-04384 <br />Dear Mr. Iwahiro: <br />First, let me thank you for meeting with Greg Basso, <br />me, Dan Maglionico and Al Marino on May 26, 1989. <br />Dan Maglionico has indicated that after that meeting <br />and your review of the matter, the various concerns ex- <br />pressed by the parties have all been satisfied; he has <br />further indicated that you desired further explanation in <br />certain areas. You wanted to know how the EIS related to <br />the use permit and other documents. <br />The use permit was issued in February 1973 and ties to <br />these documents in that the EIS was done in conjunction <br />with the use permit. The use permit itself specifically <br />states, "The site shall be prepared and operated in accor- <br />dance with the recommendations presented in the report <br />prepared by Emcon Associates ... dated July 7, 1972." <br />I wish to address the issue of "where the 500 tons per <br />day" (with which we are, as indicated, willing to live) <br />originated. Our research has indicated the following: On <br />July 7, 1972, Emcon Associates completed a "geotechnical <br />investigation and waste management study, proposed 157 -acre <br />class II -1 disposal site Stockton, California for Forward, <br />Inc." This is the same report cited as a condition of the <br />use permit, as mentioned above. That study first mentions <br />the 500 ton per day disposal rate on page 21. This is the <br />earliest we have been able to find. Page 21 indicates <br />(under the heading "volume and quantity estimates") , the <br />following "given the maximum estimated refusal disposal <br />rate of 500 tons per day (in excess of the proposed re- <br />