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• k4 KLEINFELDER �r`��liI R+^i:- 27 PH '22 September 23, 1993 File: 24-215600 F02 Mr. Scott Walker California Integrated Waste Management Board 8800 Cal Center Drive Sacramento, CA 95826-3268 SUBJECT: Status of Unclassified Sites at the CIWMB Dear Scott: During our last meeting on August 25, 1993, at the Regional Water Quality Control Board (RWQCB), we discussed the Cove Contractors Landfill and the regulatory status of the landfill. As you are aware, Cove Contractors Landfill has never received a formal classification from the RWQCB and the landfill is now interested in accepting inert waste to fill the remainder of the landfill. Under this scenario, Cove Contractors would request that the RWQCB classify the landfill as an "unclassified" landfill as allowed in §2524(b). Our question to you is how this classification would affect the involvement of the California Integrated Waste Management Board (CIWMB) in the project, particularly closure. In our reading of the law and regulations, we find citations that appear to limit the involvement of the CIWMB. In the following paragraphs you will find citations that affect the closure requirements contained in Articles 3.4 and 7.8. It appears to us that the law and regulations were written to focus the efforts of the CIWMB on Class III and Class H operating landfills and excludes inert waste "unclassified" landfills and Class I hazardous waste landfills. Article 3.4, Chapter 5, Division 7, Title 14 of the California Administrative Code sets requirements for development and approval of closure and postclosure maintenance plans and their implementation. Section 18251 contains definitions that apply to the regulations in Article 3.4. Section 18251(a)(8) states: Solid Waste Landfill. "Solid Waste Landfill" means a disposal facility, as defined in section 40121 of the Public Resources Code, that accepts solid waste, as defined in section 40191 of the Public Resources Code, and which meets the requirements of a Class III landfill pursuant to sections 2533 and 2541 of Title 23 of the California Code of Regulations. "Solid Waste Landfill " includes both Class II and Class III landfills. "Solid Waste Landfill " does not include the following: (A) a facility which received only waste generated by the landfill owner or operator in the execution, beneficiation or processing of ores and minerals. (B) a facility which receives only nonhazardous wood waste derived from timber production or wood manufacturing; or (C) a facility which receives only inert wastes and is an unclassified waste management unit pursuant to section 2524 of Title 23 of the California Code of Regulations. 24-215600 F02/CLI-248 (1993) Page 1 of 2 September 23, 1993 Copyright 1993 Kleinfelder, Inc. KLEINFELDER 3077 Fite Circle, Sacramento, CA 95827 (916) 366-1701