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San Joaquin County Community Environmental Setting,Impacts,and Mitigation Measures Development Department Hazards and Hazardous Materials Joaquin County starting in 2004. Last year(2004)there were 829 human cases of West Nile virus detected, including 28 deaths in California. In 2004 in San Joaquin County,there were three cases and no deaths(San Joaquin County West Nile Virus Task Force 2005). As of October 28,there have been 36 human cases and one death in 2005 (Stroh pers. comm.). Mosquitoes prefer to lay eggs in shallow waters with emergent vegetation (including annual weeds)and shrinkage cracks. Marshy habitat suitable for mosquito breeding could develop in the bottom of the pits created by the proposed Project during lulls in operations. Regulatory Setting A hazardous material is defined by the California Environmental Protection Agency(Cal-EPA),DTSC as a material that,because of its quantity, concentration,or physical or chemical characteristics,poses a significant present or potential hazard to human health and safety or to the environment if released ' (26 CCR 25501). For the purposes of this discussion, hazardous materials consist of raw materials and products, and hazardous wastes consist of wastes that are generated by facilities and businesses or that remain on-site as a result of past activities. Regulations and policies considered relevant to the assessment of the proposed .- project are summarized below. The EHD is the administering agency for state and federal laws pertaining to hazardous materials handling. Federal Regulations The key federal regulations pertaining to hazardous wastes, as administered by the U.S. Environmental Protection Agency(EPA), are described below. Other applicable federal regulations are contained primarily in 29 CFR,40 CFR,and 49 CFR. Because state regulations are as stringent or more stringent than federal regulations,and the state has been granted primacy(primary responsibility for oversight)by EPA to administer and enforce hazardous waste management ` programs, further discussion focuses on state regulations. Resource Conservation and Recovery Act The Resource Conservation and Recovery Act(RCRA)enables EPA to administer a"cradle-to-grave"regulatory program(i.e., from manufacture of the ` hazardous material to its disposal),regulating the generation,transportation, treatment, storage,and disposal of hazardous wastes at all facilities and sites in the nation. r DeSilva Gates Quarry Project Draft Environmental Impact Report 3.1-3 J&5 05105.05