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Alaniz, John <br /> From: Kevin Coleman <kcoleman@netdevco.com> <br /> Sent: Wednesday, December 4, 2019 9:36 AM <br /> To: Mandrup, Emily; Ledbetter, Kathleen <br /> Cc: Jessie Davis; Kristi Love <br /> Subject: FW: 14800 Schulte Road Tracy <br /> Emily this is the report that Robert sent me today on ash that says it not a problem. <br /> Let me know how you want to send this and the report you have to John at the county <br /> Kevin A. Coleman <br /> Net Development Co. <br /> 3130 Airway Ave. <br /> Costa Mesa, CA 92626 <br /> 714-754-4454 <br /> From: McClellon, Robert<RMcClellon@sjgov.org> <br /> Sent: Wednesday, December 4, 2019 9:13 AM <br /> To: Kevin Coleman <kcoleman@netdevco.com> <br /> Subject: 14800 Schulte Road Tracy <br /> Kevin,here is what I found in statue.There is an exception,but mostly for pH on the ash.Take a looks.Robert <br /> 25143.5.(a)Except as provided in subdivisions(d),(e)and(f),the <br /> department shall classify as nonhazardous waste any fly ash,bottom ash,and flue <br /> gas emission control residues,generated from a biomass combustion process,as <br /> defined in subdivision(g),if the combustion process will be adequately monitored <br /> and controlled so as to prevent the handling or the disposal of any waste in a <br /> manner prohibited by law,unless the department determines that the ash or residue <br /> is hazardous,by testing a representative sample of the ash or residue pursuant to <br /> criteria adopted by the department. <br /> (b)The fly ash,bottom ash,and flue gas emission control residues that are <br /> classified as nonhazardous by the department are exempt from this chapter. <br /> (c)An operator of a biomass facility which converts biomass into energy for <br /> which the department has classified the ash or residue as hazardous shall notify <br /> the department whenever there has been a significant change in the waste entering <br /> the combustion process,the combustion process itself,or in the management of <br /> the ash or residues generated by the facility.An operator of a biomass facility that <br /> converts biomass into energy,with regard to which the department has classified <br /> the ash or residue as nonhazardous,shall notify the department when there has <br /> been a significant change in the waste entering the combustion process or in the <br /> combustion process itself. <br /> (d)For purposes of classifying fly ash,bottom ash,and flue gas emission <br /> control residues generated by the combustion of municipal solid waste in a facility, <br /> with regard to which the department classified the ash or residue as nonhazardous, <br /> on or before January 1, 1985,the sampling of the ash or residue,for purposes of <br /> classification by the department,shall occur at the point in the process following <br /> onsite treatment of the ash or residue. <br /> (e)Notwithstanding any other provision of law,this section applies only to <br /> fly ash,bottom ash,and flue gas emission control residues which are not RCRA <br /> hazardous waste. <br /> (f)Notwithstanding any other provision of law,the test specified in the <br /> regulations adopted by the department with regard to a waste exhibiting the <br /> 26 <br /> characteristic of corrosivity if representative samples of the waste are not aqueous <br /> and produce a solution with a pH that is less than,or equal to,two or greater than, <br /> or equal to, 12.5,as specified in paragraph(3)of subdivision(a)of Section <br /> 66261.22 of Title 22 of the California Code of Regulations,as that section read on <br /> January 1,1996,shall not apply to ash generated from a biomass combustion <br /> 1 <br />