COMPLIANCE INFO_2022 - Laserfiche WebLink

Home Browse Search

Garrett Backus March 18,2022 Page 3 Historically, once the maximum amount of moisture removal was achieved within that yellow bin through settling,the yellow bin, and its contents(the filter cake),were then discarded, becoming waste,by physically moving that yellow bin away from the GETS. That physical movement of the yellow bin to a new location, separating it from the GETS,began the 90-day accumulation clock for off-site disposal as hazardous waste. Following receipt of the Inspection Report, our newly hired licensed environmental professional, GHD Services Inc., and we re-visited that conclusion and came to a potential alternative conclusion: the yellow bin is free-standing, is not connected by pipes or structural components to the GETS,has wheels, and is capable of being moved. In other words, an alternative interpretation exists that the yellow bin is separate from the GETS and thus, a hazardous waste container from the moment it contains the filter cake, as is alleged by SJCEHD. With this interpretation, the waste accumulation date is from the first inversion of the filter press tank, subjecting the yellow bin to a 90-day max storage cycle prior to its physical separation from the GETS. To avoid prolonged negotiations or further ambiguity, SPX agrees to take this conservative, alternative view as of the date of this letter. This yellow bin is a"container"(a device that is open or closed, and portable) and not a "tank"(a stationary device, often with"hard-piping",not intended to be moved while in use). Accordingly, SPX has implemented measures to comply with 22 CCR Division 4.5, Chapter 15,Article 9,including maintenance of the container so it is: • in good condition(Section 66265.171); • compatible with contents(Section 66265.172); • closed, except when adding or removing hazardous waste(Section 66265.173); • managed to avoid rupture or leaks(Section 66265.173); • inspected weekly(Section 66265.174); and • properly labeled(Section 66262.34). A hazardous waste label has already been affixed to the container,the other requirements are in process or already implemented, and SPX will comply with the 90-day accumulation time limit under 22 CCR§ 66262.34. SPX would like to thank SJCEHD for their careful inspection of the MCTC Facility. The prior interpretation withstood the scrutiny of the Dept. of Toxic Substances Control (DTSC) and the Regional Water Quality Control Board, as well as both of our prior Licensed 4857-6390-4275.8