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Mr. Chris Littlefield - 2 - 1 October 2004 The 7 September 2004 Eco:Logic correspondence also questioned the classification of contact wastewater as a waste. California Water Code Section 13050(d) defines waste as follows: (d) "Waste" includes sewage and any and all other waste substances, liquid, solid, gaseous, or radioactive, associated with human habitation, or of human or animal origin, or from any producing, manufacturing, or processing operation, including waste placed within containers of whatever nature prior to, and for purposes of, disposal. Therefore, the ponded contact wastewater from the producing, manufacturing, or processing operation is considered a waste. In this case, the disposal method is by reapplication of the contact wastewater to the soil amendments. If the waste threatens to degrade waters of the state then the discharge may be subject to Title 27 regulations. The 7 September 2004 letter also contained a reference to special consideration apparently given to the concrete industry. This is a misunderstanding. The exclusion from Title 27 provided to the concrete industry (and other industries) is based on Title 27 Section 20090(i)that states in part: 20090. SWRCB-Exemptions. The following activities shall be exempt from the SWRCB promulgated provisions of this subdivision, so long as the activity meets, and continues to meet, all preconditions listed. (i)Fully Enclosed Units- Waste treatment in fully enclosed facilities, such as tanks, or in concrete lined facilities of limited areal extent, such as oil water separators designed, constructed, and operated according to American Petroleum Institute specifications. In order to qualify for the exemption, the concrete wastewater is discharged into a fully enclosed unit concrete. Although sumps can be exempt from Title 27, the Region(normally a sump) that is designed to temporarily hold wastewater for settling and reuse in mial Board may also impose design nesign g more standards to prevent and monitor potential leakage. The waste management system at Kellogg Gardeesignn Supply does not meet the definition in Section 20090(i) and therefore is not exempt from Title 27 regulations. If you have any questions on this information,please telephone me at(916)464-4616. TIMOTHY R. O'BRIEN Waste Discharge to Land Unit cc w/enc: Mike Huggins, San Joaquin County Environmental Health Department, Stockton Neal Colwell, Eco:Logic, Stockton W:tSW nenT 10MWRV 1109 OftKI d1Qt GO.tlnt