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July 19,2019 <br /> Owens-Brockway Glass Container Inc. <br /> Response to San Joaquin County Environmental Health Department's <br /> June 5,2019 RCRA Large Quantity Hazardous Generator Inspection Report <br /> testing and prepare a written assessment. The assessment will be forwarded to EHD upon <br /> completion. <br /> Item#510- CCR 66265.197 Failed to properly close a hazardous waste tank system. <br /> The 1,750-gallon and the 450-gallon used oil hazardous waste tanks were removed from the <br /> facility and were not properly closed. According to a letter received by the EHD on April 12, 2017 <br /> from Bill Boscacci, the tanks were to be cleaned on April 13, 2017. A hazardous waste manifest <br /> was not submitted for the disposal of the waste generated from the decontamination of the tanks. <br /> The following procedures shall be followed when a hazardous waste tank is no longer in use: <br /> a. the owner or operator shall remove or decontaminate all waste residues, contaminated <br /> containment system components (liners, etc.), contaminated soils, and structures and equipment <br /> contaminated with waste, and manage them as hazardous waste. The closure plan, closure <br /> activities, cost estimates for closure, and financial responsibility for tank systems shall meet all of <br /> the requirements specified in articles 7 and 8 of this chapter. <br /> b. if the owner or operator demonstrates that not all contaminated soils can be practicably <br /> removed or decontaminated as required in subsection (a) of this section, then the owner or <br /> operator shall close the tank system and perform post-closure care in accordance with the closure <br /> and post-closure care requirements that apply to landfills (section 66265.310). In addition,for the <br /> purposes of closure, post-closure, and financial responsibility, such a tank system is then <br /> considered to be a landfill, and the owner or operator shall meet all of the requirements for <br /> landfills specified in articles 7 and 8 of this chapter. <br /> c. if an owner or operator has a tank system which does not have secondary containment that <br /> meets the requirements of section 66265.193(b) through (f) and which has not been granted a <br /> variance from the secondary containment requirements in accordance with section 66265.193(g), <br /> then: <br /> 1. the closure plan for the tank system shall include both a plan for complying with subsection (a) <br /> of this section and a contingent plan for complying with subsection (b) of this section; <br /> 2. a contingent post-closure plan for complying with subsection (b) of this section shall be <br /> prepared and submitted as part of the permit application; <br /> 3. the cost estimates calculated for closure and post-closure care shall reflect the costs of <br /> complying with the contingent closure plan and the contingent post-closure plan, if these costs <br /> are greater than the costs of complying with the closure plan prepared for the expected closure <br /> under subsection (a) of this section; <br /> 4.financial assurance shall be based on the cost estimates in subsection (c)(3) of this section; <br /> 5. for the purposes of the contingent closure and post-closure plans, such a tank system is <br /> considered to be a landfill, and the contingent plans shall meet all of the closure, post-closure, <br /> and financial responsibility requirements for landfills under articles 7 and 8 of this chapter. <br /> Immediately provide the hazardous waste manifest for the disposal of the waste generated from <br /> the decontamination of the 1,750- and 450-gallon used oil tanks to the EHD. <br /> This is a Class 11 violation. <br /> 10 <br />