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STATE'OF CALIFORNIA-NEA ITH AND WELFARE CI' • GEORGE DEUKO.EJIAN, <br /> DEPARTMENT OF HEALTH SERVICES <br /> TDXICSUBSTANCESCONTROL DIVISION September 6 , 1965 <br /> NORTHERN CALIFORNIA SECTION <br /> 4Z5o WER INN ROAD Certified # P 249 688 575 <br /> SACRAMENTO,CA 95826 <br /> (916)73A3145 <br /> Mr. Donald Meeker ' <br /> Marley Cooling Tower Company SEP 9 1985 <br /> 5800 Foxridge Drive <br /> Mission, Kansas 66202 ENVIROMENTAL HEALTH <br /> FERMIT/SERVICES <br /> Dear Mr. Meeker: <br /> OPERATION PLAN/HAZARDOUS WASTE FACILITY PERMIT-WASTEWATER POND <br /> Pursuant to the Settlement Agreement and the Schedule of <br /> Compliance, a draft Operation Plan was required as a basis for <br /> issuance of a permit for treatment, storage and/or disposal of <br /> hazardous wastes at the Stockton facility. The intent of the <br /> permit application is to bring the facility into compliance with <br /> the California Bealth and Safety Code, Division 20 , Chapter 6 .5 , <br /> Sections 25154 , 25159 , 25189 , 25201 and with Title 40 , Code of <br /> Federal Regulations Section 262.11, 262 . 34 and 265 . 31. As we <br /> have repeatedly indicated to your company during meetings on <br /> May 2 , 1985 and June 27 , 1985, the. Operation Plan received <br /> February 4 , 1985 does not meet these requirements and nothing <br /> in the Settlement Agreement exempts your facility from these <br /> requirements. <br /> The element of concern at your facility is the wastewater <br /> retention pond. Marley' s representatives have indicated the <br /> intent to correct or close the pond at various times over the <br /> last few years. The Department ' s files indicate activity <br /> regarding the pond since December 1981 , when Marley said they <br /> would drain the pond and line it with concrete. In the <br /> intervening years , there were other proposed solutions to the <br /> pond problem, including lining it with a Bypalon liner and <br /> eliminating it completely_ But none of the proposed plans <br /> have been implemented. Marley has been using the pond illegally <br /> without correcting this situation for the past 3� years. <br /> At the June 27, 1985 meeting, Richard .Landon indicated Marley <br /> is considering a closed loop system, which precludes treatment, <br /> storage. or disposal of hazardous wastes. In the event that <br /> this system is implemented, there will not be a need for a permit <br /> if the pond is closed. <br />