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Show 19j UU State of Utah DEPARTMENT OF ENVIRONMENTAL QUALITY DIVISION Of SOLID AND HAZARDOUS WASTE Michael O. Uavill lS8 NOtIb· 1460 West P.O. Box 144880 Oonmor Dian,; R.. f'.!ielson. Ph.D. ..Sah lA1iI Ci'Y. Utah a4114-4SS0 (R01) 53S170 (SOl) 538-0715 Fax (801) 536-4414 T.D.D. EMC\Jtiv. . Dennis R. Downs Oi ... December 21 t 1993 Allen J. Sandy Cloyes Gear Works P. O. Box 490 Wiebough, Ohio 44094-0049 Dear M(. Sandy: .RE:· Contaminated Lead Soils. Heber City, Utah. lt has been the opinion of the Division of Solid and Hazardous Waste that the Bevill exemption applied onJy to specific mining wastes that remained at or near the mine site. During our research of the Cloyes Gear situation we received a tetter from EPA Headquarters in Washington D.C. (attached) that basicaHy stated that once a waste is Bevill exempt, that waste retains its Bevill exemption, which would apply as long as the Bevill exempted waste was not mixed with or contaminated by any other waste. After reviewing current regulations and the aforementioned letter from EPA Headquarters, it is the opinion of the Division of Solid and Hazardous Waste that the lead-contaminated tailings material used for bedding purposes at the former Cloves Gear Works Facility are exempt from RCRA Regulation. The Bevill exemption applies to the materlal that was used for backfill but does not release it from regulation by other programs. The oversite for this facility will be turned back to the Superfund program, and the Division of D(ining Water and the Division of Water Quality will be notified of the potentia! problems associated with this site. If you have any questions, please contact Scott M. Hopkins of my staff at (801) 538-61 70. ;:;:2__:-rCL- R. Downs, Executive Secretary DenniS Utah Solid and Hazardous Control Board f} c: Phil D. Wright, M_S_, R.S .• Health Officer/Department Director, Wasatch City/County . Health Department William W. Falsqraf', Baker and Hostetler, Cleveland, Ohio, 441'4·3485 Printed on recycled ;:Iaper" .. |
