Approval of Class 2 Permit Modification for Clean Harbors San Jose, LLC (Clean Harbors Berryessa Facility)


SCH Number
Lead Agency
Toxic Substances Control, Department of (Department of Toxic Substances Control)
Document Title
Approval of Class 2 Permit Modification for Clean Harbors San Jose, LLC (Clean Harbors Berryessa Facility)
Document Type
NOE - Notice of Exemption

Document Description
The Department of Toxic Substances Control (DTSC) is approving Clean Harbors Berryessa Facility's (facility) request for a Class 2 permit modification to install two tanks at the Berryessa Facility in San Jose pursuant to Title 22, CCR, section 66279.42(b). The request for a Class 2 modification, dated August 29, 2008, is necessary to enable the facility to respond to sudden changes in the type or quantities of the wastes managed under the facility permit and to prevent disruption of ongoing waste management activities. To comply with Title 22, CCR section 66279.42(b)(2), a notice of the modification was sent to the facility mailing list maintained by DTSC on September 3, 2008. A public notice of the modification was also published at San Jose Mercury News on September 5, 2008. A public meeting was held on October 16, 2008 at 1030 Commercial Street, Suite 107, San Jose, California. A 60-day public comment period which started on September 5, 2008 ended on November 27, 2008. DTSC received no comments at the end of the public comment period. On April 17, 2009, DTSC issued a Notice of Final Decision approving the Class 2 Permit Modification effective immediately.

Contact Information
Cherry Padilla
Department of Toxic Substances Control
700 Heinz Avenue, Suite 200
Berkeley, CA 94710-2721

Phone : (510) 540-3967


San Jose
Santa Clara

Notice of Exemption

Exempt Status
Categorical Exemption
Type, Section or Code
Reasons for Exemption
The project is exempt from California Environmental Quality Act (CEQA) because it can be said that the activities involved in the approval of Class 2 modification to install two tanks at Clean Harbors Berryessa Facility will not have a significant impact on the environment because of the following reasons. 1) The additional tanks will constitute a minor portion of the volume of waste handled at the facility. There are currently 21 existing tanks and 259,000 gallons of tank storage capacity at the site. In addition, closure plans are under review for other units at the site that have similar 22,500 gallons of tank storage capacity volume to the new units. Their operation will not result in a significant increase in the traffic to the site as the waste will be held at the tanks for 2 weeks for gravimetric separation prior to shipping. The site is adjacent to Highway 101 and the minor addition of surface street traffic is not expected to impact local streets. Less that 5 additional truck trips per week are expected. 2) The project tanks are located in an area of the site that previously housed another unit which has been demolished. The surrounding area is paved for containment purposes. The site is fenced and subject to a secondary containment and storm water pollution prevention plan to prevent any liquids from leaving the site. There are no known areas of biological or cultural resource of significance in this heavily developed urban industrial area.

Disclaimer: The document was originally posted before CEQAnet had the capability to host attachments for the public. To obtain the original attachments for this document, please contact the lead agency at the contact information listed above. You may also contact the OPR via email at or via phone at (916) 445-0613.

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