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0 0 <br /> RESPONSE: The Company disputes that the contents of the observed container were a waste. <br /> The container held lead washers which were not discarded. The washers had been set aside for <br /> further use by an employee. Even if considered discarded, they would be exempt from regulation <br /> as being excluded from the definition of"solid waste." See 40 CFR §261.4(a)(13) (Excluded <br /> Scrap Metal Being Recycled). As a result of U.S. EPA's observation, the Company now <br /> prohibits employees from taking the lead washers and, instead, the lead washers are <br /> accumulated in a labeled container which is then added to the facility's metal recycle bin for <br /> recycling with Sims Metal Management, an established metal recycler. See Photograph 8, below. <br /> Photograph 8: <br /> r <br /> OBSERVATION NO. 6: Spent filter and filter media observed at the facility. The facility had <br /> not determined whether or not the spent filter and filter wastes generated are hazardous. <br /> Re uwlatory Area of Concern:A waste generator must determine if the waste generated is <br /> hazardous waste. 22 CCR§66262.11 [40 CFR§262.11]. <br /> RESPONSE: The Company disputes the conclusions reached by U.S. EPA. The filters observed <br /> are reusable and had not been discarded.Nonetheless, based on generator knowledge the filters <br /> have now been profiled as non-RCRA solid waste. See HWMP at p. 15, attached as Exhibit C. <br /> Because the material that passes through the filter socks referenced in Observation No. 7 below <br /> is the same material that passes through the filters referenced here, Sierra has sufficient <br /> knowledge to manage the filter socks and filters in the same way. The filtered material, on the <br /> other hand, has been profiled as non-hazardous. <br /> 7 <br /> 26731756v.9 <br />