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JR Simplot Co understands that the proper disposal of solid waste is regulated by the EHD. JRS has characterized the used sand blast material from site maintenance operations and has determined that the material is non-hazardous and non-regulated. We are unaware of any requirement to collect and dispose of this material in an off-site landfill. We request that EHD provide the reference to this requirement. Violation 1#42 The EHD and the San Joaquin County Office of Emergency Services has no minimum reporting threshold for spills of hazardous materials. Every spill is required to be reported to the local agency for a clean up determination even if it is within the "secondary containment". As referenced previously in EHD's report, there seems to be disagreement on what is considered adequate secondary containment. There have been many spills at this facility due to equipment failures in the past with no guarantee that hazardous materials are being prevented from entering the environment. Title 19 C.C.R. Section 2703(a) states, "(a) A person shall provide an immediate, verbal report of any release or threatened release of a hazardous material to the administering agency and the Office of Emergency Services* as soon as:..." Title 19 C.C.R. Section 2703(c) states, "(c) The immediate reporting pursuant to subsection(a) of this section shall not be required if there is a reasonable belief that the release or threatened release poses no significant present or potential hazard to human health and safety,property, or the environment. It is clear that the intended purpose of secondary containment is to prevent contact of the released material with the environment. This can also be inferred from Section 66265.193 of Title 22 of the California Code of Regulations which discusses containment and detection of releases of hazardous waste (not hazardous substances). Specifically, subsection (a)uses the phrase: "In order to prevent the release of hazardous waste or hazardous constituents to the environment, secondary containment shall be provided." We do not consider spills or leaks into secondary containment or onto paved process areas to be releases to the environment if they can be readily controlled and cleaned up. We also believe this follows the intended purpose of Title 19 C.C.R. Section 2703(c). JR Simplot Company's policy is to report all releases of hazardous materials into the environment. We believe that the Company has reported all releases of hazardous materials as required under the regulations. JRS Co is currently working on a substantial capital project to increase and improve containment in the plant. It is planned that the majority of the soils in production areas of the plant will be covered by either asphalt or concrete. Containment structures are and will continue to be constructed as well as replacing underground piping with above ground piping when necessary.