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\W Allen Matkins Leck Gamb6-0& Mallory LLP <br /> attameys at law <br /> Ms. Donna Heran <br /> Environmental Health Department <br /> San Joaquin County <br /> April 23, 2004 <br /> Page 2 <br /> • Storage 21_66265.173(CCR) Failed to keep containers of hazardous waste <br /> closed except when adding or removing hazardous waste. The basis for this <br /> alleged violation was the container of silver sludge from photoprocessing. As <br /> discussed below, this sludge is neither a federal nor California hazardous waste. <br /> • Manifest 30_25160.2 HSC Failed to keep a copy of the Consolidated <br /> Manifest for 3 years. The basis for this alleged violation concerns the lubricat- <br /> ing oil removed from Qualex'forklifts and air compressors. Qualex contracts <br /> with independent, mobile oil changing businesses to service Qualex forklifts <br /> and other equipment These businesses consolidate oil that they have collected <br /> from other companies. Consequently, pursuant to Health & Safety Code <br /> § 25250.12, as explained in the April 2003 DTSC publication Used Oil and <br /> Oil Filter Management, the oil is considered to be generated at the point of <br /> consolidation when it arrives at the consolidation point. The mobile oil chang- <br /> ing business must have an identification number, but the customer need not <br /> have one. <br /> NOTICE TO COMPLY <br /> 1. Facility Does Not Have an Active EPA Identification Number. Qualex has <br /> not deactivated its EPA Identification Number. <br /> 2. Labeling of Silver Sludge Container. As detailed in the December 11, 2000, <br /> letter from Qualex' legal counsel, Robert Wyatt of Allen Matkins, to Donna <br /> Heran (copy enclosed), and explained in the January 2000 Fact Sheet entitled <br /> Onsite Tiered Permitting: Changes in Regulation of Silver Wastes [as estab- <br /> lished by Senate Bill (SB) 21111 (enclosed), the silver sludge is exempt from <br /> regulation as a hazardous waste. The sludge results from photoprocessing <br /> wastewater and, except for the silver, does not otherwise exhibit a hazardous <br /> waste characteristic. The sludge is sent offsite for reclamation. Consequently, <br /> the wastewater and sludge are not solid wastes or hazardous wastes under <br /> federal law or, consequently, California law. <br />