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e 0 0 spill residues thereof, and which are applied to the land and application to the land is their ordinary manner of use are non-RCRA hazardous wastes. Commercial chemical products which are "retrograde materials" as defined in section 66260.10 are not wastes until they become "recyclable materials" pursuant to subsection (e) of the definition of"recyclable materials" in section 66260.10; The products in question are not "wastes" because they are not being relinquished as in paragraph (c) above, or recycled as in paragraph (d) above. If the products are considered commercial chemical products that become retrograde materials, they are not waste until one year after becoming retrograde — no grocery product would remain in a store as long as a year after being considered retrograde (e.g. expired best-used-by date). Any determination regarding disposal or recycling, as opposed to sale or donation, is made after the product arrives at the PRC. The one exception to the above, is when an item at a store becomes damaged to the point where it is not salvageable for a useful purpose. This may occur, for instance, if the container starts leaking. In this case, the item would be considered waste at the point where the damage is discovered, unless the product can immediately be used in the store for a legitimate purpose, such as cleaning. It is Safeway's plan to utilize a third party (WERCs) to provide information on whether a particular product (based on UPC code) is considered a California Hazardous Waste. If so, then that product will be segregated at the j store and held for pick up by a licensed hazardous waste transporter. Regarding the specific items cited in the inspection report, our understanding is that none of these particular items were damaged, and that all would be sent to the PRC for determination of disposition. Therefore none of the cited items are considered waste, and therefore none could be hazardous waste at that point. Should you have any questions or need any additional information, please call me at 925/469-7164 or e-mail at Butch.Hobson(a-)Safeway.com. Sincerely, Butch Hobson Safety and Environmental Affairs Manager Safeway Inc.