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4. ENVIRONMENTAL ANALYSIS 4.11 HAZARDS AND HAZARDOUS MATERIALS MINING SAFETY REQUIREMENTS _ The resulting pits from the mining would create an attractive nuisance. Section 7178 of the California Department of Industrial Relations,Division of Industrial Safety, Mine Safety Orders require that open excavations be properly secured. Also, if someone falls into any of the pits,the quarry would be properly designed so that the steep slopes do not preclude a safe exit. • Access to unattended mine openings shall be restricted by gates or doors, or the openings shall be fenced and posted. • Every dangerous surface excavation in which work has been discontinued, including any tunnel,mine shaft,pit,well,septic tank, cesspool, or other abandoned excavation, shall be securely covered over,fenced, or otherwise effectively guarded to prevent entrance of employees into such workings. — REGULATORYBACKGROUND Pertinent regulations governing the project site originate at both the federal and state level,but many are implemented and enforced at the local or regional level. Most hazardous materials regulation and enforcement in San Joaquin County is managed by the San Joaquin County — Environmental Health Department, and in Stanislaus County is managed by the Stanislaus County Environmental Health Department. Both of these agencies refer large cases of hazardous materials contamination or violations to the RWQCB and the Department of Toxic Substances Control (DTSC). Federal regulatory agencies include the U.S. EPA, the Occupational Safety and Health — Administration (OSHA),the Nuclear Regulatory Commission(NRC),the Department of Transportation(DOT)and the National Institute of Health(NIH). The following represent federal laws and guidelines governing hazardous substances. — • Pollution Prevention Act(42 US Code Section 13101 et seq./40 CFR) • Clean Water Act(33 US Code Section 1251 et seq./40 CFR) • Oil Pollution Act(33 US Code Section Sections 2701-2761 /30, 33,40,46,49 CFR) _ • Clean Air Act(42 US Code Section 7401 et seq./40 CFR) • Occupational Safety and Health Act(29 US Code Sections 651 et seq./29 CFR) — • Federal Insecticide, Fungicide,and Rodenticide Act 7 US Code Section 136 et seq./ 40 CFR) • Comprehensive Environmental Response Compensation and Liability Act(42 US Code Section 9601 et seq./29,40 CFR) • Superfund Amendments and Reauthorization Act Title HI(42 US Code Section 9601 et seq. /29,40 CFR) RMC PaciEc Vernalis Quazry Mining and ReclamaU.Project 4.11-6 ESA 1703015 Admin Mfive DrnR ERR March 2004