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Eoio °th.4i Tertniiiatzoi of Letter,4greernefit— EnerTech Eivzroirnrental C'cdzforszza, LLC' 'Page 3 <br />Since January 2003, Class B biosolids were no longer land applied in any Southern California <br />county, as counties had passed ordinances banning the practice, imposed conditions that were <br />uneconomical to meet or because there were no permitted acres available. Land application of <br />Class B biosolids was projected to be obsolete by the year 2010. <br />Due to these issues, many agencies, including the City of Riverside, had their biosolids hauled <br />to Arizona where a few counties still allowed Class B land application; although, even in these <br />areas, regulatory concerns had surfaced. For example, Mohave County, Arizona had already <br />imposed permit fees that made Class B land application uneconomical. Limited options and the <br />need to transport biosolids further resulted in higher costs to transport and dispose of the City's <br />biosolids. Moreover, Kern County, California sought to ban land application of Class A <br />biosolids. <br />Brown and Caldwell Study — Biosolids Handling Options <br />In April 2002, the City Council authorized an agreement with Brown and Caldwell Environmental <br />Engineering and Consulting ( "Brown and Caldwell ") to analyze and compare various biosolids <br />management strategies including digester conversion, air drying, heat drying, and composting, <br />based on projected flow rates of 40 MGD by the year 2010 and 50 MGD by 2030. <br />In March 2003, Brown and Caldwell presented the Public Works Department with a Biosolids <br />Handling Improvements Report, which recommended $60 million in capital expenditures and <br />nearly $1 million in operating costs per year to convert the City's biosolids treatment facility from <br />Class B to Class A. This would require the construction of heat drying facilities that would be <br />used in conjunction with the WQCP's existing digesters. <br />In an effort to postpone capital upgrades and considering the regulatory climate, the Public <br />Works Department sought data from other agencies confronted with the same issues. <br />EnerTech Proposal — Rialto Regional Biosolids Project <br />In December 2003, CH2MHill completed a Long Range Biosolids Management Plan (LRBMP) <br />for the Orange County Sanitation District (OCSD). The plan evaluated long -term non -Class B <br />agricultural land application options in Southern California and determined that the four most <br />viable alternatives were composting, heat drying, energy recovery, and organo - mineral fertilizer <br />manufacturing. The Orange County Grand Jury reviewed the OCSD's plan and agreed that <br />there was "clear and convincing evidence of the tenuous future of biosolids land application...". <br />In July 2004, the OCSD, with the assistance of CH2MHill, other environmental firms and a <br />citizen's advisory committee issued five (5) Request for Proposals (RFPs) for the four (4) most <br />viable technology areas to 100 potential vendors. Nine (9) proposals were received in October <br />2004; however, only four (4) met the minimum requirements of the RFP. EnerTech's proposal <br />ranked the highest based on a comprehensive set of criteria and was the only proposal <br />recommended for contract negotiations. <br />EnerTech proposed to use a patented SlurryCarb® technology to convert the WQCP's Class B <br />biosolids into a renewable fuel, beginning in March 2008, which could then be used by local <br />cement kilns as an environmentally sound alternative to coal. However, in order to secure <br />financing for construction and operation of a SlurryCarb® facility in Rialto, California (the "Rialto <br />Regional Biosolids Project "), EnerTech was required to secure long -term contacts with various <br />agencies that would employ 100% of the facility's capacity upfront. EnerTech sought contracts <br />with the City of Riverside, the Sanitation Districts of Los Angeles County (LACSD), OCSD, the <br />San Bernardino Municipal Water Department (SBMWD) and the City of Rialto. <br />15 -2 <br />