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0 <br /> Mr. Tom Salata -2- 24 July 1986 <br /> " Recycling or other use of materials salvaged from waste, or produced by <br /> waste treatment, such as scrap metal, compost , and recycled chemicals, <br /> provided that discharges of residual wastes from recycling or treatment <br /> operations to land shall be according to applicable provisions of this <br /> subchapter." [Section 2511(h)] <br /> The clear import of Section 2511(h) is that recycled materials are exempt from <br /> Subchapter 15 requirements, only to the extent that there is no discharge of <br /> waste from the reuse to land. In the case of reuse of the contaminated soil <br /> from Renown for a freeway project, an exemption could only be granted insofar as <br /> there is no reasonable possibility of discharge of contaminants from the freeway <br /> site to nearby land, and ultimately, to water. A determination regarding an <br /> exemption can only be made after the Regional Board can fully assess potential <br /> migration of contaminants from the freeway site. <br /> The second issue is the continuing liability of Caltrans for the material. As <br /> stated above, any exemption from Subchapter 15 requirements is only effective <br /> insofar as wastes from the reused materials are not discharged to ground. Should <br /> a discharge of waste from the site occur, which could affect water quality, <br /> Caltrans would be responsible. (See e.g., California Water Code Sections 13260 <br /> and 13263.) <br /> Any discharge which entered or threatened to enter waters of the state, and <br /> thereby create a pollution or nuisance, could result in an order requiring <br /> cleanup. (California Water Code, Section 13304) Thus, even granting an <br /> exemption from Subchapter 15, based on the belief that the wastes would not <br /> migrate from the site, would not release Caltrans from liability for any <br /> migration that did occur. <br /> This letter is not intended to prejudge the proposed project in any way, but <br /> rather to clarify to regulatory requirements and potential liabilities. This <br /> Board will consider an exemption request, should you and Caltrans wish to <br /> proceed with this project, after all requested information has been received. <br /> If you have any questions, please call Daniel Ward at (916) 324-8891 . <br /> YJLAWRENCE PEARSON, P.E. <br /> Supervising Engineer <br /> DTW:jec <br /> cc: Assemblyman Patrick Johnston's Office, Stockton <br /> Mr. Tony Landis, Toxic Sub. Control Division, Department of Health <br /> Services, Sacramento <br /> Mr. Jim Hall, Caltrans, Stockton <br /> Mr. Dale Steele, Caltrans, Stockton <br /> ./San Joaquin Local Health District, Stockton <br /> American Environmental Management Corporation, Rancho Cordova <br />