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0 RECEIVED ► c Y 6. 404 — 22 CCR 66265.173 (a); Failed to keep HW containers closed except when adding or removing HW. See reference related to applicability of Chapter 15 above. This requirement does not apply to generators accumulating waste on-site in compliance with 66262.34, therefore, no violation occurred. 7. # 407 — 22 CCR 66265.7 (f); A container larger than five gallons that previously held a hazardous material shall be marked with the date they were emptied and managed within one year of being emptied. These drums are new; they are staged in the event the accumulation exceeds the active drum capacity, therefore no violation occurred. 8. # 605 — 22 CCR 66262.34 (f); Failure to completely label containers of HW. California Health & Safety Code Section 25124 states that a waste is any discarded material... mislabeled or not adequately labeled, unless the material is correctly labeled or adequately labeled within 10 days after the material is discovered (emphasis added). 22 CCR 66262.34 does not include any language that would immediately render these materials wastes or designate them to be beyond their allowable accumulation date, nonetheless, these containers were properly labeled for transportation and removed on July 10, 2013, manifest attached. 9. # 701 — 22 CCR 66262.34 (d); Stored hazardous waste onsite for greater than 180 days. 22 CCR 66262.34 allows a small quantity generator to accumulate hazardous waste onsite for up to 270 days if the generator offers the waste for transportation over a distance of 200 miles or more for offsite treatment, storage, or disposal. The destination facility for the Stockton Mormon Yard is located in Bloomington, California, a distance of more than 390 miles. These containers were properly managed in compliance with 22 CCR 66262.34 (d); therefore no violation occurred. 10. # 703 — 22 CCR 66262.34 (d) (2); Failure to comply with 40 CFR 262.34 (d), (e) and (f). 40 CFR 262.34 (d) applies to generators who generate between 100 kg and 1,000 kg of hazardous waste per month, and excludes generators who generate less than 100 kg of hazardous waste (CESQG), this facility generated 85 gallons of used oil in all of 2012; therefore no violation occurred. 11. # 809 — 22 CCR 66273.35; Stored UW onsite for more than 1 year, or (b) was unable to demonstrate the length of time the UW has been accumulated from the date it became a waste or was received. California Health & Safety Code Section 25124 (attached) states that a waste is any discarded material... mislabeled or not adequately labeled, unless the material is correctly labeled or adequately labeled within 10 days after the material is discovered (emphasis added). Neither 22 CCR 66273.35 nor 22 CCR 66262.34 includes any language that would immediately render these materials wastes or designate them to be beyond their allowable accumulation date, nonetheless, these containers were properly labeled for transportation and removed on July 10, 2013, manifest attached.