CORRESPONDENCE_2017 - Laserfiche WebLink

Home Browse Search

0 10 To avoid repetition, comments below are generally those not previously provided in earlier reviewed reports/documents. More specifically, the reader is referred to comments related to the October 30, 2015, Summary of SWIS Site Investigation Work Plan — Waste Characterization / Disposal, Former Pilkington North America — Lathrop Facility, 500 East Louise Avenue, Lathrop, San Joaquin County, California, Solid Waste Information System (SWIS) number 39-CR-0022, (APN 198-120-09), Advanced GeoEnvironmental Inc. (AGE), and June 15, 2016 Summary of SWIS Site Investigation, Waste Characterization / Disposal Former Pilkington North America — Lathrop Facility, 17100 Murphy Parkway, Lathrop, San Joaquin County, California, Solid Waste Information System (SWIS) number 39-CR-0022, (APN 198-120-09),Advanced GeoEnvironmental, Inc. (AGE). Ninyo & Moore comments (blue font) are provided following AGE statements (black, italics). The LEA is certified by the CalRecycle (formerly California Integrated Waste Management Board- CIWMB) to enforce state and local solid waste laws and regulations within its jurisdiction that encompasses the entire County, except for the City of Stockton. The LEA will be responsible for site closure and development of a post closure land use plan including reviewing the monitoring and maintenance of the Site as detailed in this plan. The LEA is also responsible for routine annual inspections of the Site for the duration of the post-closure maintenance period to ensure compliance with 27 California Code of Regulations(27 CCR) requirements. Comments: the LEA is not responsible for site closure and development of a PCLUP; this is the responsibility of the property owner (aka responsible party) and such plans and closures are approved by/overseen by the LEA or other agencies, as regulators. It should be indicated in the plan what agency if the lead regulatory agency for this Project because the plan also discusses CalRecycle and the Water Board. If Clean Closure or partial Clean Closure is an objective of this project, the lead regulatory agency will have to be the Water Board (Central Valley) or DTSC (not the LEA or CalRecycle) as they are the only authorized regulatory agencies that can provide a clean closure/partial clean closure determination. The PCLUP has in its title "Request for Clean Closure..." however, is only addressed to the LEA. Based on available documents available for review, with regard to requesting clean closure or a partial clean closure, it appears that significantly more information will be required than what was provided. The CalRecycle is the State of California agent with oversight to investigate and remediate the former solid waste site pursuant to PRC §§ 40505 and 48024. The CalRecycle's Solid Waste Disposal and Co-disposal Site Cleanup Program was responsible for directing the investigation and remediation efforts for the site. In addition, the CalRecycle Closure and Technical Services Section is responsible for ensuring that the LEA is following prescribed site inspection and enforcement procedures during the post-closure maintenance period. Comments: Typically the regulatory agency will request a site investigation and then it is up to the consultant to develop an appropriate scope of work to characterize and delineate wastes and then the consultant also develops an appropriate remedial action plan based on site characterization, delineation, waste types an extents, planned land uses, as well as other factors. Therefore, CalRecycle was not responsible for directing the investigation and remediation efforts for the site. This statement should be reworded. They provided regulatory oversight; however, typically they do not direct investigations or remediation. Ninyo&Moore 1 500 E.Louise Avenue,Lathrop,San Joaquin County,California 1 104690095 1 August 11,2017 63