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1 <br /> `''� 'fit �••.'t �� �1�'i���� <br /> Alcon <br /> ASSOCIATES N ��`vi �,� p" I: 40 <br /> --G�r a� i t7 <br /> IN PARTNERSHIP WITH THE ENVIRONMENT <br /> 29 MAY, 1993 <br /> MARGARET LAGORio, REHS <br /> SAN JOAQUIN COUNTY ENVIRONMENTAL HEALTH <br /> P.O. Box 2009 <br /> STOCKTON, CALIFORNIA 95201 <br /> DEAR MS. LAGORIO, <br /> IN RE: CLARK SITE, 729 S. COMMERCE STREET, STOCKTON, CALIFORNIA YOUR NOTICE TO ABATE <br /> IT IS OUR OPINION THAT THE ABATEMENT ORDER YOU ISSUED IS FLAWED AND IN <br /> ERROR RELATIVE TO THE CODE SECTIONS INDICATED. SECTION 66261.122 OF TITLE 22 <br /> AND SECTIONS 25189,5 AND 25187.6 OF THE HEALTH & SAFETY CODE SPECIFICALLY APPLY <br /> TO "HAZARDOUS WASTE", IT IS OUR CONTENTION THAT THE SOIL AT THE CLARK SITE IS <br /> NEITHER A HAZARDOUS WASTE NOR IS IT A SPECIAL WASTE. WE HAD PREVIOUSLY SELF <br /> CERTIFIED THAT THE SOIL IS NON HAZARDOUS AND THAT REMAINS OUR POSITION. <br /> IN ANY EVENT, THE TWO (2) LOADS OF SOIL WHICH HAD BEEN TRUCKED OFF SITE <br /> WERE RETURNED AND ARE CONTAINED IN THE EXISTING STOCKPILE. WE HAVE REQUESTED <br /> A RULING FROM THE STATE ATTORNEY GENERALS OFFICE THAT THE SOIL IS CLASSIFIED <br /> AS NON HAZARDOUS. WE WILL NOT TREAT OR REMOVE THE SOIL WITHOUT NOTIFYING YOU <br /> OR YOUR DEPARTMENT. THE CLASSIFICATION OF HYDROCARBON CONTAMINATED SOIL CONTINUES <br /> TO BE OVERZEALOUSLY PURSUED WITH MASS CONFUSION AND NO SUBSTATINATIVE LAW TO <br /> SUPPORT THE UNNECESSARY EXPENDITURES OF MONEY FOR CLEANUP OF THESE SITES. <br /> TWO CALIFORNA EPA STATE AGENCIES WITH ENTIRELY SEPARATE REGULATORY AUTHORITY <br /> CLASSIFY PETROLEUM CONTAMINATED SOILS. THE DEPARTMENT OF TOXIC SUBSTANCES <br /> CONTROL (FORMERLY TOXIC SUBSTANCES CONTROL DIVISION OF THE DEPARTMENT OF HEALTH <br /> SERVICES) CLASSES WASTE AS HAZARDOUS OR NON-HAZARDOUS BASED ON ITS DIRECT THREAT <br /> TO PUBLIC HEALTH, AS DTSC IS THE DESIGNATED RCRA AUTHORIZED AGENCY IN CALIFORNIA, <br /> IT HAS THE PRIMARY OBLIGATION FOR DETERMINATION OF A SUBSTANCE AS HAZARDOUS OR NOT, <br /> HOWEVER, THE CALIFORNIA REGIONAL WATER CONTOL BOARD WITH THEIR NINE REGIONAL BOARDS <br /> ARE ALSO IN THE CLASSIFICATION BUSINESS AS A RESULT OF THEIR JURISDICTION OVER <br /> WHAT WASTE IS ABLE TO BE DISPOSED OF IN LAND BASED MANAGEMENT UNITS. THE WATER <br /> BOARD REGULATIONS, CHAPTER 15 REGS, ESTABLISH THE DIFFERENT CLASS OF UNITS. THESE <br /> REGULATIONS PROVIDE THAT A HAZARDOUS WASTE GAN BE DISPOSED OF ONLY IN A CLASS I <br /> P.O. Box 1257 • Stockton, California 95201 • Number One, Port Road 21, Port of Stockton • Stockton, California 95203 <br /> (209) 463-7108 • FAX (209) 463-2712 <br />