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IV. ALLEGED VIOLATIONS <br />HSC (California Health and Safety Code); CCR (California Code of Regulations) <br />HSC 25189.5(a) Disposed or caused disposal of hazardous waste at an <br />unauthorized point. The disposal of any hazardous waste, or the causing thereof, is <br />prohibited when the disposal is at a facility which does not have a permit from the <br />department issued pursuant to this chapter, or at any point which is not authorized <br />according to this chapter. <br />4 During the May 26, 2010, routine hazardous waste inspection, a review of the <br />facility's discharge logs showed that wastewater with a pH value at or over 12.5 <br />was discharged into the facility's septic system. <br />HSC 25201(a) Stored hazardous waste on site longer than 90 days without a <br />permit or authorization. Except as provided in subdivisions (c) and (d), no owner or <br />operator of a storage facility, treatment facility, transfer facility, resource recovery facility, <br />or disposal site shall accept, treat, store, or dispose of a hazardous waste at the facility, <br />area, or site, unless the owner or operator holds a hazardous waste facilities permit or <br />other grant of authorization from the department to use and operate the facility, area, or <br />site, or the owner or operator is operating under a permit -by -rule pursuant to the <br />department's regulations, or a grant of conditional authorization or conditional exemption <br />pursuant to this chapter. <br />4 A 55 -gallon container of photo resist waste was found stored on site longer <br />than 90 days during the May 26, 2010, routine hazardous waste inspection. <br />Title 22, CCR 66261.7(f) An empty hazardous waste or hazardous material <br />container larger than 5 gallons was not marked with the date it was emptied <br />and/or not managed within one year of being emptied. A container or an inner liner <br />removed from a container larger than five gallons in capacity which is managed pursuant <br />to subsection (e) of this section shall be marked with the date it has been emptied and <br />shall be managed within one year of being emptied. <br />4 A container that once held a hazardous waste was found not marked with the <br />date it was emptied during the May 26, 2010, hazardous waste inspection. <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 />E <br />