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1 Page 2 of 9 <br />' contain information belonging to the sender which is confidential and <br />legally privileged. This information is intended only for the use of <br />' the <br />individual or entity to whom it was addressed as indicated above. If <br />you are <br />' not the intended recipient, be advised that you have received this <br />electronic mail in error and that any use, disclosure, copying, <br />distribution, forwarding, printing, dissemination, or action taken in <br />reliance on the contents of the information contained in this <br />' electronic <br />mail message is strictly prohibited. If you have received this message <br />in <br />error, please delete it immediately, and notify the Law Office of <br />Norman W. <br />Higley at (303) 805-2855. Thank you. <br />-----Original Message----- <br />' From: Teresa J Bennett [mailto:Tjbennet@smtpgate.dphe.state.co.us] <br />Sent: Tuesday, January 23, 2007 12:12 PM <br />To: brianwoodyl234@msn.com <br />Cc: WALTER Avramenko; 'Sergius Hanson'; sartfnan geocon.net; <br />vinodjayaram@geocon.net; Norm Higley; cmorley@vertexeng.com; <br />ddamato@vertexeng com; wmaierhofer@vertexeng.com <br />Subject: RE: Bayshore Ponds Remediation <br />' Brian, <br />I work for Walter and have been assigned this project. I quickly <br />' reviewed the status report you sent and wanted to get back to you with <br />my initial thoughts regarding your proposed excavation and disposal of <br />the "homogenized" slurry. We can talk after you get a chance to read <br />this. <br />Based on the data in the report, it appears that the homogenized <br />' slurry <br />is not nonhazardous, and therefore we cannot approve of the proposed <br />disposal at a landfill as solid waste. The analytical data in your <br />report shows that this would be hazardous waste and must be managed <br />and <br />disposed in accordance with applicable CHWRs. All samples in Table 1 <br />' that were analyzed for TCLP exceeded the TCLP limit for benzene of 0.5 <br />mg/1. These results also show that the 20X rule does not hold up for <br />characterizing this waste and in the future all waste characterization <br />samples must be run for TCLP analysis (for example, sample SHT <br />' (22+50) <br />in Table 1 contained 0.42 mg/kg benzene by total analysis, but this <br />sample also had a TCLP concentration of 0.72 mg/1, exceeding the <br />limit). <br />The waste characterization samples also need to be run for <br />ignitability <br />' if there are free liquids present. <br />6/9/2007