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Port of Stockton - 2 - 12 April 2005 <br />San Joaquin County <br />Pursuant to the California Water Code (CWC) §13173, "designated waste" is defined as: <br />Nonhazardous waste that consists of or contains, pollutants that, under ambient environmental <br />conditions at a waste management unit, could be released in concentrations exceeding <br />applicable water quality objectives or that could reasonably be expected to affect beneficial uses <br />of the waters of the state as contained in the appropriate water quality control plan. <br />Based upon the inspection, the sulfur piles are not adequately contained to protect waters of the state. <br />The inspection observation and data, as well as MSC groundwater data, supports this conclusion that <br />sulfur has impacted water quality. The sulfur piles themselves are not considered a waste. However, <br />once water (i.e. storm water) comes into contact with the piles and leachate is generated, then the <br />leachate is a waste. In addition, as noted during the inspection, there was sulfur drift from H.J. Baker <br />and Bay Sulfur due to wind blown sulfur from the piles. This sulfur drift, as shown in the inspection <br />report, ended up in ponded storm water, reducing the pH and increasing the EC. This ponded water <br />likely then leached into groundwater. Field readings of pH and EC, and historical groundwater data <br />have lead staff to conclude that the sulfur drift and/or storm water runoff have impacted water quality. <br />The leachate generated at the sulfur piles and wind blown sulfur into surface water are "designated <br />waste". The sulfur piles should be contained in such manner that is protective of groundwater and <br />surface water. <br />Pursuant to Title 27 California Code of Regulations, Division 2 (Title 27), §20210, SWRCB-Designated <br />Waste, <br />Designated waste, as defined, in CWC § 13173, shall be discharged only at Class I waste <br />management units (for information regarding Class I units, see Chapter 15, Division 3, Title 23 <br />of this code) or at Class II waste management units which comply with the applicable SWRCB- <br />promulgated provisions of this subdivision and have been approved by the RWQCB for <br />containment of the particular kind of waste to be discharged. Decomposable wastes in this <br />category can be discharged to Class I or II land treatments. <br />By 1 June 2005, please submit a groundwater investigation workplan. The groundwater investigation <br />shall assess the lateral and vertical extent of groundwater impacts from the existing and past activities <br />(sulfur, copper concentrate, coal and petroleum coke storage) at the H.J. Baker, Bay Sulfur and MSC <br />sites. A characterization of water within the surface impoundment at Bay Sulfur shall also be provided. <br />The workplan shall be prepared under the direction of a California registered professional and shall be <br />signed and stamped by that person. <br />By 1 September 2005, please submit the following: <br />Results of the groundwater investigation. <br />Feasibility study and corrective action measures for the cleanup of soils, surface water and <br />groundwater per Title 27 §20425. <br />Report of Waste Discharge (RWD) for proposed containment facilities in compliance with Title <br />27 §21710 - SWRCB-Development of Waste Discharge Requirement. The RWD shall address <br />the containment of sulfur and sulfur impacted storm water per Title 27 (construction of waste <br />management units) or management practice to prevent the creations of waste (i.e. covered storage <br />facilities and conveyance structures such that designated waste will not be created).