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PUBLIC HEALTH SERVICES SAN JOAQUIN COUNTY ENVIRONMENTAL HEALTH DIVISION Karen Furst, M.D., M.P.H., Health Officer Ci�pR 304 East Weber Avenue, Third Floor • Stockton, CA 95202 209/468-3420 April 19, 1999 Dennis L. Judd FILE COPY Essenes Environmental, Inc. ` 5500 Burnside Road Sebastopol, CA 95472 RE: Safeway Distribution Center Tracy, California This is in response to your letter dated February 19, 1999. Your letter states that the " produce trim and culls were not waste." Your letter does not address how the facility relates to the Public Resources Code (PRC) or Title 14 CCR. PRC Section 40191 is listed below. 40191. (a) Except as provided in subdivision (b), "solid waste" Means all puc,escible and nonputrescible =olid, se.Misol'-d, and -'quid wastes, including garage, crash, :erose, goner, =1>Disr., ashes, i:iduscrial wastes, demo--cion and con=sc_uccion :castes, acandored vehicles and par--s :hereof, discarded =ome and i^duscrial aobl.:ances, dewacered, creaced, or chemically r-xed sewage sludge Which -s zoc azardous waste, Manure, vegetable or animal solid and semisolid wastes, and Other discarded solid and semisolid wastes- (,b) "Solid :caste' does hoc include any or the ;olSowi.^.g wastes: II (11 rjazardous waste, as derzned ;ti Secczon 40141. (Z) Radioactive waste regulated gursuanc to the Radiac_on Conc_01 Law (Chapter 3 (commencing :rich section :14960) or Parc 9 of Division 104 of the jealch and Saeecy Code) (3) Medical waste regu?aced pursuant to the _Medical waste yanagemenc Ac, (Par- 14 (commencing with Sec=ion :_7500) of Division 104 of the YealC.h and Safety Code) . Jntreaced Medical waste sha11 not be disposed of in a solid waste Landfill, as der'ired i.3 Section 40195.1. Medical waste that Mas bejn treaced and deemed co be solid waste shall be regu-aced pursuant :o :tis division. I The Code Section is clear that produce trim and culls are considered solid waste. The fact that the produce was never purchased by the public does not exclude the waste from regulation under the PRC. The product is no longer a product if it cannot be used for originally intended purpose. The produce trim and culls are a waste product of the produce/supermarket industry. Your letter describes the process as produce is placed in wax corrugated boxes and covered with shrink-wrap. The boxes are then back hauled to a central collection location. Where boxes are then placed into a compactor truck and compacted. The produce is then hauled to a solid waste facility for further processing. The process is not different from that of a municipal solid waste collection service. Title 14 CCR Section 17850(y) is listed below. v .,.R;xad 3oiid :-lasce" :rears any -zacar_3i : ac _s gar- a' = e soli 4 oast= -_4am, and _-'s Mixed --1/2 -11 or or.:at.s _o -orgy^acs. processed _:dus:r.a- .-ataxia sr plastics. A oivisiorl of -sjn ;�auu;n vont: cai[h�3:t ::cep