COMPLIANCE INFO_PRE 2019 - Laserfiche WebLink

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manatt manatt | phelps | phillips Elianna Florido January 11, 2019 Page 2 also visited this Rite Aid location to provide supplemental in-person hazardous waste compliance training, including a review of the compliance issues noted in the Inspection Report. Comment Re: Generator Status The Inspection Report states that Rite Aid 6434 is an LQG based on the quantity of P- listed waste included on manifests dated 7/11/18 and 10/3/18. Records maintained by our waste hauler, US Ecology, show that neither of these pick-ups exceeded 2.2 pounds of P-listed waste, and therefore neither pick-up caused Rite Aid 6434 to become an LQG. Rather, the US Ecology records show that the 7/11/18 pick-up included 1.61 pounds, and the 10/3/18 pick-up included 1.91 pounds. Copies of letters from US Ecology reflecting the same are attached hereto as Exhibit 2. As discussed during our October 5, 2018 call, Rite Aid has revised the way P-listed waste is manifested, to provide more clarity regarding the actual weight of P-listed waste (and to clearly indicate bottle weights for P-listed residue containers). As agreed-to during that call, these changes will be made on a going-forward basis, and Rite Aid was not requested to submit manifest correction letters to revise previous manifests. Because both of these manifests pre-date our discussion (and therefore the changes that have been implemented), Rite Aid's previous manifesting practice is reflecting here, which may be creating some confusion. Regardless, on a going-forward basis, we believe that the precise volume of P-listed waste removed during each pick-up will be much clearer on our manifests, hopefully avoiding these types of questions. Comment Re: Batteries The Inspection Report notes a discrepancy between the instruction provided by Rite Aid's hand-held devices and in-store reference materials providing store associates another resource for assisting in waste determination titled "Specific Wastes". As you are likely aware (and as is common in the retail industry in California), the instructions provided to our store-associates are based on waste determinations made by WERCS. As noted in the Inspection Report, WERCS generally instructs our store associates to dispose of batteries in the yellow / corrosive-base tote. Based on the diligence that we have performed, it is our understanding that WERCS previously instructed our store associates to dispose of most batteries in the blue / toxic tote. The "Specific Wastes" poster was based on that previous classification from WERCS. Unfortunately, when WERCS updated its classification, updates to the Specific Wastes" poster were not made. While we are continuing to research this issue with WERCS, we believe that an update to the "Specific Wastes" document may be required indicating that batteries are to be disposed of in