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2006-08-25 T-AHUI HOU
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2006-08-25 T-AHUI HOU
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him how to fix it up and make it work it properly. But we don’t intend to have any odor, excuse <br />me, they don’t intend to have any, you know, contra indicated operation there. <br />SIRACUSA:Redirect? <br />ALAMEDA:Sure, Ms. Siracusa. <br />SIRACUSA:Well, you didn’t really answer my question. I mean, I got all that <br />information from reading the hearing transcript. I asked if in a worst case scenario, you would <br />be willing to relocate the crematorium part of your operation to an industrial area. <br />P. BRUMBRAUGH:I think what we’re trying to say is that if that retort does not function in the <br />manufacturer’s representations that were made, in accordance to those, the manufacturer will be <br />responsible to remove that crematory and get us a new one. We’re not going to, if it’s not <br />operating properly, it’s not responsible for us to move it to another area and have it continue to <br />operate improperly. It’s responsible for us to have that unit corrected to meet the <br />recommendations; and if not so then the manufacturer has the responsibility to fix it or to replace <br />it. I mean, does that make sense? I don’t want a piece of equipment that’s not operating <br />correctly and to continue to use it in that manner is irresponsible. To move it some place else is <br />still irresponsible. So it would behoove the manufacturer then to step into place, according to the <br />warranty’s representations that they’ve made to us, to correct it promptly. <br />SIRACUSA:It is my understanding that this body has no recourse in the event of <br />malfunction to the manufacturer itself. We would only have recourse directly to you as the <br />operator. Is that correct, Mr. Torigoe? <br />ALAMEDA:Mr. Torigoe? <br />TORIGOE:Well, yeah. Thank you, Mr. Chair. Basically, I think what your view is <br />basically correct, that it would not be for the Commission to go after the manufacturer. But you <br />would basically have to shut down, well, it would be the Planning Department that would shut <br />down the retort operation if it did not meet the requirements of your conditions, which includes <br />smokeless, odorless. <br />YUEN:If there’s any case of, we issue a permit, it has conditions. If the <br />conditions are not met, we will cite the permit holder. And in a situation where it’s a serious <br />violation and it’s not cured, then we would bring it, the ultimate penalty is we’ll bring it back to <br />the Commission to revote. <br />ALAMEDA:Commissioner Siracusa? <br />SIRACUSA:And this would be whether we approve it as a conditional use permit or <br />whether we just approve it as a straight regular use permit? <br />ALAMEDA:Mr. Director? <br />SIRACUSA:It would still come back to the Commission? <br />EXHIBIT A <br />6 <br /> <br />
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