Laserfiche WebLink
RECEIVE[ <br /> FEB 16 2016 <br /> Summary of Violations <br /> ENVIRONMENTAL <br /> Item # 105—CCR 66262.11, 66262.40(c) Failed to determine if a waste is a hazardous wasteWr Qin <br /> waste analysis on site for 3 years. <br /> December 2015 Response <br /> The report cites two instances of incomplete waste classification; non-hazardous dirt (2012/2013) and drill <br /> cuttings (October 2015). <br /> In the 2012/2013 time period, remediation work occurred at the Stockton terminal. Soil was stockpiled on <br /> plastic, covered, and samples were pulled for analysis. Based on sampling results, soil was sent for off-site <br /> disposal as hazardous or non-hazardous waste. <br /> Tesoro disputes the classification of this violation as Class II. Tesoro maintains that there was no waste <br /> classification violation with respect to the soil sent off-site in 2012/2013. <br /> Tesoro relied on Clean Harbors to analyze and profile the drill cuttings before sending them for disposal on <br /> October 7, 2015. Going forward, a Tesoro Environmental Specialist will review and approve the waste <br /> sampling analytical profiles and, as necessary, sampling results, before material is sent for off-site disposal. <br /> To ensure compliance with Title 22 hazardous waste regulations, based on process knowledge, waste stream <br /> samples will be analyzed as needed against RCRA (TCLP) and CA (WET) criteria. <br /> Tesoro disputes the classification of this violation as Class II. Tesoro maintains that the waste classification <br /> violation is a minor violation as defined by HSC 25404. <br /> January 2016 Supplemental Response <br /> Based on our discussion, it is Tesoro's understanding that the County is not citing Tesoro for any violation <br /> associated with retention of waste analysis records. <br /> Enclosed are the sample test results for dirt generated from the 2012/2013 remediation work at the <br /> Stockton Terminal. The results confirm that appropriate TCLP/STLC (WET) tests were conducted for soil <br /> exceeding TTLC limits. <br /> Tesoro maintains there was no waste classification violation with respect to the soil sent off-site in <br /> 2012/2013. <br /> Tesoro disputes the County's assertion that the drill cutting profiling amounts to a Class II violation based on <br /> similar occurrences in 1997, 2000 and 2008. The statute of limitations for alleged hazardous waste <br /> violations is three years. Cal. Code of Civil Procedure § 338.1. The cited prior violations are more than five <br /> years old, and do not support classification enhancement. <br /> 1 <br />