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I <br /> E <br /> Neuiller & Beardslee <br /> A PROFESSIONAL CORPORATION <br /> FOUNDED AS MAILING ADDRESS: <br /> ASHLEY&NEUMILLER ATTORNEYS AND COUNSELORS P.O. BOX 20 <br /> JANUARY 1903 STOCKTON. CALIFORNIA 95201-3020 <br /> FIFTH FLOOR WATERFRONT OFFICE TOWER II TELEPHONE(209)948-8200 <br /> 509 WEST WEBER AVENUE FAX(209)948-4910 <br /> STOCKTON, CALIFORNIA 95203 <br /> 78667-19185 <br /> September 30 , 1992 <br /> Mr. Doug Wilson <br /> Mr. Ed Padilla <br /> Mr. Jim Miller <br /> San Joaquin County Public Health <br /> Services Environmental Health Division <br /> 445 North San Joaquin <br /> Stockton, CA 95202 <br /> Re: Shields National, Incorporated <br /> Ash at Victoria Island From Sithe Energy <br /> Our File 78667-191.85 <br /> Gentlemen: <br /> As you know, our office represents Shields National <br /> Incorporated. On September 10 , 1992, your office sent a letter <br /> to Shields National prohibiting them from spreading 4 ,000 tons <br /> of ash on Victoria Island because it is allegedly a "hazardous <br /> waste" due to the corrosivity characteristic of the ash. It is <br /> our understanding that your agency' s concern has been that the <br /> pH of the Sithe Energy lime coal ash was allegedly reported as <br /> having a pH in excess of 12 . 5 and was characterized as corro- <br /> sive. <br /> To date, Shields has complied with the terms of your <br /> letter at a substantial loss of income. This letter clarifies <br /> that the test results prepared by Sithe Energy and upon which <br /> your agency has relied were not tests prepared by the proper <br /> protocal in accordance with guidelines from EPA for testing pH <br /> for corrosivity. Those test results do not identify_ the EPA <br /> test method utilized and is not the proper test to review for <br /> determing whether the ash is corrosive and a hazardous waste <br /> pursuant to Title 22 of the California Code of Regulations. <br /> The test results that should have been relied upon are those <br /> prepared by the EPA Test Method 9045 for solid materials (see <br /> infra) . A review of the test results prepared in accordance <br /> with EPA Test Method 9045 since July 1991 establish that the pH <br /> has not exceeded 12 . 5. Thus the ash material is not corrosive <br /> and not a hazardous waste. <br />