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r. <br /> COUNTY OF SAN JOAQUIN EUGENE DELUCCH11 <br /> x I)EPARTMENT OF PUBLIC WORKS CHIEF DEPUTY DIRECTOR <br /> P.O.BOX 1810-1810 E.HAZELTON AVENUE THOMAS R.FLINN <br /> STOCKTON,CALIFORNIA 95201 DEPUTY DIRECTOR <br /> ..1h <br /> (209)468-3000 MANUEL LOPEZ <br /> DEPUTY DIRECTOR <br /> HENRY M.HIRATA RICHARD C.PAYNE <br /> DIRECTOR DEPUTY DIRECTOR <br /> October 7, 1990 <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 /> 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. p 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 />