AND PLACE FIXED TO CONSIDER AN APPEAL OF THE PLANNING COMMISSION'S APPROVAL OF A MODIFICATION OF FILE INDEX NUMBER DAP 000-794, PACIFIC RAIL INDUSTRIES 785 EAST "M" STREET, COLTON.(2)

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City Council Meeting — August 19, 2008 Appeal of Planning Commission Approval Of Modification to CUP Page 3 of 6 4. Manage the shredder fluff as a hazardous waste. 5. Treat and dispose of the shredder fluff as a hazardous waste. The Applicant initially proposed and was approved to utilize the "in-line" treatment process for the shredder fluff. However, the Applicant has determined that it is more advantageous and more expedient to manage the shredder fluff utilizing the "manacle the shredder fluff as a recyclable material' process. Standard Management Process: "In -Line" Treatment As outlined in the City Council Resolution No. R-84-06, Page 38-39, and in the FREIR Mitigation Monitoring and Reporting Program (MMRP) HM -2, the "in-line" treatment process that the Applicant is required to use includes the following process: 1. The shredder fluff would be segregated from other materials and treated in an in- line process. 2. The shredder fluff would be segregated into 1 -week increments and tested to confirm it can be properly disposed of as non -hazardous waste. 3. The shredder fluff would be treated and stored in a containment structure (an approved three -sided containment structure covered by a roof) for 1 -week. 4. The shredder fluff would be tested consistent with DTSC protocols and guidelines for 1 -week. 5. The lab results would be available in approximately 1 -week. 6. The treated non -hazardous shredder fluff would then be loaded and transported in trucks with sealed bottoms and impervious covers to avoid release of any material during transport to the Lost Hills Facility located in northwest Kern County. In essence this is a.2 to 3 week process to remove the shredder fluff. Management as a Recyclable As outlined in the City Council Resolution No. R-84-06, Pages 41-44, and in the FREIR MMRP, HM -2, this approved treatment process allows the Applicant to manage the shredder fluff as a recyclable by meeting and complying with requirements of the California Health and Safety Code sections 25143.2 (d) (3) and (e) which, under certain conditions, allow what would otherwise be non -Resource Conservation and Recovery Act hazardous waste containing recyclable material to be transported to a facility for recycling. The Applicant is requesting approval to use this treatment process and will transport the shredder fluff on a daily basis to a recycling facility owned and operated by the Applicant in Arizona. To utilize this treatment process, the following requirements are mandated by DTSC, consistent with the referenced Health and Safety Code: The material is recycled at the second location. (The Applicant's facility in Arizona meets this requirement)