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Department of Toxic Substances Control <br /> Edwin F. Lowry, Director ci* <br /> 400 P Street, 4th Floor, P.O. Box 806 <br /> Winston H. Hickox Sacramento, California 95812-0806 Gray Davis <br /> Secretary for Governor <br /> Environmental <br /> Protection <br /> December 22, 1999 <br /> Mr. Michael D. Serra <br /> Phoenix Cement Company <br /> 9647 Benavente Street <br /> San Diego, California 92129 <br /> Dear Mr. Serra: <br /> This letter is a follow-up to the meeting with you, Mr. Carlos Murillo (representing <br /> Reliable Trucking Inc.), and myself on December 1, 1999. The primary purpose of the <br /> meeting was to discuss your involvement with Mr. Murillo in a project located in San <br /> Joaquin County as well as concerns expressed by the San Joaquin County <br /> Environmental Health Division concerning the project. Your project involves the <br /> management (i.e., handling and storage) and use of fly ash generated from the burning <br /> of coal. It is my understanding that this fly ash possesses chemical properties which <br /> are suitable for its incorporation as an ingredient in concrete. As a result of this <br /> proposed use of the fly ash, the San Joaquin County Environmental Health Division has <br /> expressed its concerns regarding the proper characterization of the fly ash which would <br /> have a direct bearing on the management of this fly ash. Therefore, you and Mr. Murillo <br /> are requesting my assistance with respect to this characterization issue so that your <br /> project may proceed. <br /> For your information, section 66262.11, Title 22, California Code of Regulations (22 <br /> CCR section 66262.11) requires any person who generates a waste (i.e., the fly ash in <br /> this particular case) to determine whether the waste is a hazardous waste by: <br /> 1) Determining if the waste is excluded under 22 CCR section 66261.4, or <br /> section 25143.2 of the California Health and Safety Code (HSC); <br /> 2) Determining if the waste is listed in either Article 4 or Appendix X of <br /> Chapter 11, Division 4.5, 22 CCR. If the waste is listed in Appendix X and <br /> is not listed in Article 4 of Chapter 11, the generator may determine that <br /> the waste from a particular facility or operation is not a hazardous waste <br /> by either: <br /> A) Performing analytical testing ac(:ording to the test methods <br /> prescribed in Chapter 11, Division 4.5, 22 CCR or; <br /> California Environmental Protection Agency <br /> 0 Printed on Recycled Paper <br />