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C,m rr.-414- 146110-) <br />/ <br />AkSo - t0 <br />1 ,� gor-0.1 Fo1a <br />HENRY M. HIRATA <br />DIRECTOR <br />October 7, 1990 <br />0 <br />0 <br />COUNTY OF SAN JOAQUIN <br />DEPARTMENT OF PUBLIC WORKS <br />P. O. BOX 1810 - 1810 E. HAZELTON AVENUE <br />STOCKTON, CALIFORNIA 95201 <br />(209) 468-3000 <br />Mr. Ed Padilla <br />Senior Environmental Health Specialist <br />Environmental Health Division <br />Public Health Services <br />P.O. Box 2009 <br />Stockton, CA 95201 <br />EUGENE DELUCCHI <br />CHIEF DEPUTY DIRECTOR <br />THOMAS R. FLINN <br />DEPUTY DIRECTOR <br />MANUELLOPEZ <br />DEPUTY DIRECTOR <br />RICHARD C. PAYNE <br />DEPUTY DIRECTOR <br />SUBJECT: ACCEPTANCE OF HOUSEHOLD HAZARDOUS WASTE AT LANDFILLS <br />Dear Mr. Padilla: <br />Recently, we discussed whether household hazardous waste may <br />legally be disposed at Class III sanitary landfills. You told me <br />that you were unaware of any regulations that excluded household <br />hazardous waste from the definition of hazardous waste that could <br />not be disposed of at Class III type landfills. You said that if <br />I knew of any such regulations, I should let you know of them. <br />The California Code of Regulations, Title 22, Section 66470 (e) <br />says "This article does not apply to generators handling only <br />hazardous waste produced incidental to owning and maintaining their <br />own place of residence (e.g., household hazardous waste is <br />exempt)." <br />This statement exempts household hazardous waste from the <br />requirements of hazardous waste, thereby allowing household <br />hazardous waste to be received at landfills and transfer stations. <br />This position is further upheld by the attached Management Memo # <br />90-1, from the California Department of Health Services, Toxic <br />Substance Control Division. The paragraph of the Memo headed <br />"Background" states that household hazardous waste is exempt from <br />regulation and acknowledges that it is received at landfills and <br />transfer stations. <br />The memo clarifies that if a landfill operator discovers and then <br />separates household hazardous waste from incoming waste, prior to <br />acceptance for landfilling, then the operator must be treated as <br />a hazardous waste generator. <br />It stands to reason then that if household hazardous waste is <br />exempt from hazardous waste regulations, and if the landfill or <br />transfer station operator does not separate it, then the operator <br />