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N4.01 Allen Matkins Leck Gamblt �allory LLP <br /> attorneys at law <br /> 515 South Figueroa 7th Floor Los Angeles California 90071-3398 <br /> Allen Matkins telephone. 213 622 5555 facsimile. 213 620 8816 yyWy,.allenmatkins.com <br /> weatr.Robert D.WYett t.415 273 7420 <br /> ale number.E2350-002/SF532346.01 e.ntyatt®ellerunntkins.com <br /> December 11,2000 <br /> Donna Heran <br /> Director, Environmental Health Division <br /> San Joaquin County Public Health Services <br /> 304 E. Weber Ave, 3rd Floor <br /> Stockton, CA 95202 <br /> Re: Qualex, Inc. facility, 555 Industrial Park Drive, Manteca, CA, 95336, <br /> Facility No. FA0007093 <br /> Dear Ms. Heran: <br /> I am writing on behalf of Qualex,Inc. ("Qualex"), regarding the company's photo <br /> processing facility at 555 Industrial Park Drive, Manteca, CA,95336, Facility No. FA0007093. <br /> As part of its operation, the facility generates a"silver-only"waste stream, the regulatory status <br /> of which has been the subject of some recent changes in the law. Qualex has been attempting to <br /> work with your staff to address these changes and their effect on the facility's regulated status, <br /> but has apparently encountered a difference of interpretation that it has been unable to resolve. <br /> Accordingly, Qualex seeks your assistance in resolving this issue. <br /> The Qualex facility generates wastes as part of its photo processing activities that are <br /> subject to regulation as"hazardous wastes" solely because of their silver content. These"silver- <br /> only" wastes are collected on-site and then sent off-site for reclamation. Until recently, such <br /> wastes have been subject to DTSC's tiered permitting program under Chapter 6.5,Division 20, <br /> of the California Health &Safety Code. Qualex's wastes have been regulated under the Permit- <br /> By-Rule ("PBR") authorization tier, and Qualex has historically paid PBR fees and 5-25 ton <br /> hazardous waste generator fees accordingly. <br /> On August 17, 1998,however,California adopted SB 2111 (Costa),Chapter 309, <br /> Statutes of 1998 (codified at Health &Safety Code § 25143.13), which became effective on <br /> January 1, 1999. SB 2111 states that"wastes containing silver or silver compounds that are <br /> RCRA hazardous wastes solely due to the presence of silver in the waste are subject to regulation <br /> under this chapter solely to the extent that these wastes are subject to regulation under the federal <br /> act." <br /> The effect of SB 2111 is to exempt"silver-only" wastes from any state regulation that <br /> goes beyond what is required by the federal regulations. The Qualex facility is a conditionally <br /> exempt small quantity generator("CESQG")under the federal regulations,as it generates no <br /> more than 100 kg per month of hazardous waste. See 40 C.F.R. § 261.5(a). The federal <br /> Los Angeles Century City Orange County San Diego San Francisco <br />