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Fit-G- C 0P%A <br /> STATE OF CALIFORNIA Pete Wilson,Governor <br /> CALIFORNIA INTEGRATED WASTE MANAGEMENT BOARD <br /> 8800 Cal Center Drive <br /> Sacramento,California 9SM <br /> rib E 1 7 1992 <br /> Mr. Fred Kaufman, Program Manager <br /> Environmental Health Division <br /> Public Health Services <br /> San Joaquin County JUL 2 0 V12.2 <br /> P.O. Box 2009 <br /> Stockton, CA 95201 C N V I P.0 <br /> Dear Mr. Kaufman: <br /> This letter is in response to your letter dated June 29, 1992 <br /> addressed. to Martha Vazquez concerning the application of <br /> cogeneration plant ash to agricultural lands. I will answer the <br /> questions you asked in your letter in the order in which you <br /> asked them. <br /> Your first question asks, "Is the ash, with its certification as <br /> a soil amendment or liming agent, considered a solid waste by the <br /> Board?" As defined in Public Resources Code (PRC) , Section <br /> 40191, ash is a solid waste. According to your letter, the <br /> California Department of Food and Agriculture (CDFA) has <br /> "certified" these ashes as soil amendments or agricultural liming <br /> agents. In order to clarify this issue, my staff contacted <br /> Mathew Reeve, Associate Review Scientist, Feed and Fertilizer <br /> Branch, CDFA, 1220 N Street, Sacramento, CA 95814, (916) 654- <br /> 0574 . He stated that CDFA does not "certify" soil amendments or <br /> liming agents. Soil amendments sold or given away in hu-1h are <br /> exempt from CDFA regulations. Distributors or producers of <br /> fertilizers who make nutritional claims for their products must <br /> obtain an operators license from CDFA. These products are <br /> regulated by CDFA for the labeled nutritional claims that are <br /> made by the distributors. In summary, these materials are not <br /> "certified" by CDFA and their definition as a solid waste is <br /> unchanged. <br /> Your second question was, "Would a solid waste facilities permit <br /> be required for each application site?" The California Code of <br /> Regulations (CCR) , Title 14, Section 18215 (b) (7) allows an <br /> exemption from the Solid Waste Facility Permit (SWFP) for <br /> disposal sites to be used exclusively for spreading ash. 14 CCR <br /> Section 18215 (a) requires three findings to be made for this <br /> exemption. The local enforcement agency (LEA) has a certain <br /> amount of latitude in this situation. Some LEAs have determined <br /> that ash is being applied, not dimponed, on agricultural lands <br /> and are not requiring a SWFP or an exemption under Section 18215 <br /> (b) (7) . This determination may be made if the ash is applied at <br /> agronomic rates to agricultural land. <br /> There is also the issue of possible contaminants in the ash The <br /> Department of Toxic Substances Control, Region 1, 10151 Croydon <br /> Way, Sacramento, CA 95827, (916) 855-7700 could provide <br /> --Printed on Recycled Paper-- <br />