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Photograph 11: <br /> HAZARDOUS'� <br /> HAZARDOUS Act' -- ���� <br /> WASTE <br /> OBSERVATION NO. 9: The facility is treating D002 discarded acidic hazardous waste and <br /> rinsate into a secondary containment structure. The unit is not a permitted waste <br /> treatment/disposal unit. The acid is neutralized and the treated acid is reported reused in <br /> production processes. Additionally, the acid has not been neutralized(deactivated) before <br /> placement onto the ground. Regulatory Area of Concern:A permit is required for the "transfer, " <br /> "treatment, " "storage, "and "disposal" of any waste which is hazardous waste pursuant to <br /> section 66261.3. The terms "transfer," "treatment, " "storage, " "disposal, "and "hazardous <br /> waste" are defined in section 66260.10. 22 CCR§270.1(c) [40 CFR§270.1(c)]. No generator, <br /> transporter, handler, or owner or operator of a treatment, storage, or disposal facility shall in <br /> any way dilute a restricted waste or the residual from treatment of a restricted waste as a <br /> substitute for adequate treatment to achieve compliance with article 4 or article 11 of this <br /> chapter, to circumvent the effective date of a prohibition in article 3 or article 10 of this chapter, <br /> to otherwise avoid a prohibition in article 3 or article 10 of this chapter, or to circumvent a land <br /> disposal prohibition imposed by RCRA section 3004 (42 U.S.C. section 6924). 22 CCR§ <br /> 268.3(a) [40 CFR§268.3(a)].A prohibited waste identified in the table "Treatment Standards <br /> for Hazardous Wastes"may be land disposed only if it meets the requirements found in the table. <br /> 22CCR§—66268.40(a); 66268.40(a)(2) [40 CFR§—268.40(a); 268.40(a)(2)j. <br /> RESPONSE: The Company disputes the conclusions reached by U.S. EPA. Sierra is not <br /> engaged in the treatment of a hazardous waste because the solution is not a waste. Rather, the <br /> solution is process water that is pumped back for reprocessing.See HCL Process Flow Diagram, <br /> attached as Exhibit D. Sierra has installed a sign to clarify that the solution is process water that <br /> is pumped back for reprocessing. See Photograph 12, below. <br /> 10 <br /> 26731756x.9 <br />