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Message: WEPA approval for ATC

WEPA approval for ATC

posted on Oct 30, 2008 02:37PM

Authority to Construct Issued for Earthworks' Cortina Landfill -

October 30, 2008 3:01PM ET Earthworks Industries Inc. ("the Company") (TSX VENTURE:EWK) is pleased to report that, on October 26, 2008, the Wintun Environmental Protection Agency (WEPA) Board of Commissioners issued the Authority to Construct (ATC) for the Class III Municipal Solid Waste Landfill portion of the Cortina Waste Management Facility. The ATC was issued to Cortina Integrated Waste Management Inc. (CIWM), the Company's wholly owned U.S. subsidiary. The ATC represents one of the most significant steps at Cortina to date and clears the way to proceed with final documentation prior to proceeding with the development. The Company looks forward to continuing to work in cooperation with WEPA, EPA, Army Corp. of Engineers and other agencies in the timely processing of the final permit applications for construction. The ATC is limited to the construction of the landfill phase of the Facility. A separate Permit to Operate will have to be received prior to acceptance of waste and commencement of operations. The ATC is conditioned upon CIWM obtaining all required federal approvals prior to construction. The issuance of the ATC means that WEPA found CIWM's application met all standards imposed by both WEPA and the federal solid waste management standards found in the Resource Conservation and Recovery Act. Preparing the Basis of Design Report for the ATC, Site Specific Flexibility Requests (SSFR's) and installing monitoring wells under the previously approved Groundwater Monitoring Plan, has taken almost 22 months and cost in excess of $3 Million U.S. The ATC was issued subsequent to previous approvals of all the SSFR's submitted to WEPA and are currently before the U.S. Environmental Protection Agency (EPA) for its review and processing. Mr. David Atkinson, the Company's CEO, stated, "Our continued success at Cortina is a testament to the commitment of all the parties involved with the Project. In spite of the unforeseen delays along the way we continue to receive the necessary support from our shareholders and an unwavering patience on the part of the Cortina Band." The U.S. Bureau of Indian Affairs (BIA) issued final approval of CIWM's Lease at Cortina in January 2007 - which came after more than 6 years of appeals by the County of Colusa. After an appeal by the County, the Interior Board of Indian Appeals affirmed the original decision to approve the lease in 2003. The County then filed an appeal in U. S. District Court - but terminated the appeal in October 2006. Shareholders are also aware of the Cortina Band's efforts to negotiate agreements to settle with Colusa County, which was the cooperating agency in preparing the environmental studies and mitigations for the Project, on more than one occasion during this period. The Cortina Integrated Waste Management Facility is the culmination of more than 10 years of exhaustive environmental review, modern engineering for design and updated codes and regulations that will set a new standard for all future waste handling facilities. While serving as the principal economic driver for the Cortina Band - which has supported this project since 1995 - it will also meet the growing demands of the region for waste disposal well into the future. EARTHWORKS INDUSTRIES INC. David B. Atkinson, President SOURCE: Earthworks Industries Inc. Earthworks Industries Inc. David B. Atkinson President (604) 669-3143 (604) 669-3107 (FAX) Email: [email protected] Website: www.earthworksinc.com

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