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or to the authorized local officer or agency, as the case may be, which states that the <br />facility has complied with the notice to comply. A false statement that compliance has <br />been achieved is a violation of this chapter pursuant to Section 25191. <br />4 A written response to the minor violations found at the Tracy facility during the <br />October 19, 2004, routine hazardous waste inspection was never submitted. <br />4 A written response to the minor violations found at the Manteca facility during <br />the April 7, 2005, routine hazardous waste inspection was never submitted. <br />Title 22, CCR 66262.11 Failed to determine if a waste is a hazardous waste. A <br />person who generates a waste, as defined in section 66261.2, shall determine if that <br />waste is a hazardous waste using the following method: <br />(a) the generator shall first determine if the waste is excluded from regulation under <br />section 66261.4 or section 25143.2 of the Health and Safety Code; <br />(b) the generator shall then determine if the waste is listed as a hazardous waste in <br />articles 4 or 4.1 of chapter 11 or in Appendix X of chapter 11 of this division. If the <br />waste is listed in Appendix X and is not listed in articles 4 or 4.1 of chapter 11, the <br />generator may determine that the waste from his particular facility or operation is not <br />a hazardous waste by either: <br />(1) testing the waste according to the methods set forth in article 3 of chapter 11 of <br />this division, or according to an equivalent method approved by the Department <br />pursuant to section 66260.21; or <br />(2) applying knowledge of the hazard characteristic of the waste in light of the <br />materials or the processes used and the characteristics set forth in article 3 of <br />chapter 11 of this division. <br />(c) For purposes of compliance with chapter 18 of this division (commencing with section <br />66268.1), or if the waste is not listed as a hazardous waste in article 4 (commencing <br />with section 66261.30), in article 4.1 (commencing with section 66261.50), or in <br />Appendix X of chapter 11 of this division, the generator shall determine whether the <br />waste exhibits any of the characteristics set forth in article 3 of chapter 11 of this <br />division by either: <br />(1) testing the waste according to the methods set forth in article 3 (commencing with <br />section 66261.20) of chapter 11 of this division, or according to an equivalent <br />method approved by the Department under section 66260.21; or <br />(2) applying knowledge of the hazard characteristic of the waste in light of the <br />materials or the processes used. <br />(d) If the waste is determined to be hazardous, the generator shall refer to chapters 14, <br />15, 18, and 23 of this division for possible exclusions or restrictions pertaining to <br />management of the specific waste. <br />4 Thirteen 55 -gallon containers of waste were found at the Tracy facility without a <br />hazardous waste determination during the April 3, 2008, routine hazardous waste <br />inspection. <br />Title 22, CCR 66262.12 (a) Managed a hazardous waste without a valid EPA ID <br />number. Except as specified in (d), a generator shall not treat, store, dispose of, <br />transport or offer for transportation, hazardous waste without having received an <br />Identification Number. <br />4 The Tracy facility did not have a valid EPA ID number to manage hazardous <br />waste during the October 19, 2004, routine hazardous waste inspection. <br />4 The Tracy facility did not have an active EPA ID number to manage hazardous <br />waste during the April 3, 2008, routine hazardous waste inspection <br />10 <br />