FIELD DOCUMENTS AND WORK PLANS 1988

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Mr. Thomas Kroehle, President Page 2 September 7, 1988 If either or both of these issues are deemed appropriate for public notice, public comments will be obtained by two separate public notices. Thus, it will be necessary for the MCTC to submit, first, a formal closure plan amendment request for the winterization issue, in accordance with Title 22 of the California Code of Regulations and Title 40 of the Federal Code of Regulations. This request shall be provided to the Department by September 30, 1988 . The Department will then publish a public notice inviting comment on the MCTC's non-compliance with the closure plan and RAO by failure to remove the hazardous waste, and the winterization plan, including the zero-head aspect, dust control and the capture and treatment of rainwater which will fall into the surface impoundment. The Department requires that the surface impoundment be covered with a suitable flexible membrane, or other equally effective means, prior to the upcoming rainy season in order to meet the November 8, 1988 , surface impoundment closure deadline in accordance with the provisions of Section 3005 (j ) of the Hazardous and Solid Waste Amendments (HSWA) to the Resource Conservation and Recovery Act (RCRA) . HSWA requires the owner/operator of a RCRA surface impoundment to cease receiving any hazardous wastes into their impoundment and to begin the closure process by November 8, 1988 , or to cease receiving any hazardous wastes and . remove all hazardous wastes from their impoundment by November 8, 1988 . This Department agreed at the meeting to consider, but not necessarily to accept or approve, the MCTC's proposal to close the surface impoundment with hazardous waste in place and to install a flushing system under the hazardous waste. It was agreed that the MCTC would provide, on an urgent basis, the information listed in Enclosure One, to enable this Department to evaluate the new MCTC proposal . If the Department review proves favorable to the MCTC proposal, this Department will require the MCTC to submit a second formal closure plan amendment request. Public comments on this proposal will be obtained through surveys, a second public notice and a public hearing. If there . is significant adverse public reaction and response, this Department will direct compliance with the existing, approved CP and RAO, to include removal and off-site disposal of the hazardous waste. If the Department review proves unfavorable to the MCTC proposal , this Department will, without public notice, direct compliance with the approved CP and RAO, to include removal and off-site disposal of the hazardous waste.