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`5TA-R'dF CALFORNIA--WALTM AND WELFARE CY Alkh GEORGE DEUKMEJIAN, Governor <br /> DEPARTMENT OF HEALTH SEVICES <br /> 71417" P STREET �► <br /> 1+.0. sox 442732 <br /> SACRAMENTO, CA 7320 <br /> (916:) 322-3670 <br /> May 2, 1990 <br /> Mr. Kevin T. Haroff <br /> Morrison & Foerster <br /> 345 California Street <br /> San Francisco, CA 94104-2675 <br /> Dear Mr. Haroff: <br /> CLASSIFICATION OF RICE HULL ASH [WASTE EVALUATION UNIT (WEU) <br /> FILE NO. 745, <br /> The California Department of Health Services (Department) has <br /> completed its review of Wadham Energy Company's November 22, 1989 <br /> request for concurrence with their determination that rice hull ash <br /> (ash) generated by their Williams, California, facility is <br /> nonhazardous. This request was made pursuant to Section 66305 (c) , <br /> Division 4, Chapter 30, Title 22, California Code of Regulations <br /> (22 CCR) . The Department does not concur with Wadham's <br /> determination, and is classifying this waste as hazardous waste. <br /> As a hazardous waste, this waste must be managed in accordance with <br /> the requirements of 22 CCR and Division 20, Chapter 6.5 of the <br /> California Health and Safety Code (HSC) . <br /> BACKGROUND <br /> Wadham Energy Company, Inc. (Wadham) , an affiliate of Oxford Energy <br /> Group (Oxford Energy) , constructed a rice-hull-fired electrical <br /> co-generation facility located on Myers Road approximately five <br /> Liles southwest of Williams in Colusa County, California. The <br /> facility is operated for Wadham by Operational Energy Company, an <br /> affiliate of Zurn Industries, Inc. The Wadham facility currently <br /> generates approximately 120 tons of ash each day. Start-up <br /> operations commenced in March, 1989, with the facility starting to <br /> operate near design efficiency around April 30, 1989. <br /> On October 271, 1987, Wadham submitted a request for concurrence <br /> with a nonhazardous waste determination. On March 13, 1989, this <br /> request was withdrawn, with Wadham apparently self-classifying its <br /> waste pursuant to Section 66305 (b) , 22 CCR. The application, at <br /> that time, was not evaluated by the Departmental <br /> 1 A subsequent review of the 1987 application shows there <br /> was no discussion or data addressing silica as a component of <br /> concern. The application presented data from samples which <br /> "'were obtained from a similar facility operating in Lake <br /> Charles, Louisiana. " <br />