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CLEANUP AND ABATEMENT ORDER NO. R5-2010-XXXX,ATTACHMENT A • -2- BUSTEZ ENTERPRISES,INC. H&H MARINA PROPERTIES,LLC,AND HERMAN&HELEN'S MARINA, INC H&H MARINA,15135 EIGHT MILE ROAD,STOCKTON,SAN JOAQUIN COUNTY 3. CWC sections 13050(1) and 13050(m) define "pollution" and "nuisance," respectively, as follows: (1) "Pollution' means an alteration of the quality of the waters of the state by waste to a degree which unreasonably affects either of the following: (A) The waters for beneficial uses. (B) Facilities which serve these beneficial uses. (2) "Pollution" may include "contamination." (3)"Nuisance" means anything which meets all of the following requirements: (A) Is injurious to health, or is indecent or offensive to the senses, or an obstruction to the free use of property, so as to interfere with the comfortable enjoyment of life or property. (B) Affects at the same time an entire community or neighborhood, or any considerable number of persons, although the extent of the annoyance or damage inflicted upon individuals may be unequal: (C) Occurs during, or as a result of, the treatment or disposal of'wastes. 4. The specific criteria for determiningand defining:a hazardous waste is found in Health and Safety Code (H&SC)isection 25141 and California Code of Regulations, title 22, section 66261.126,Appendix X (Appendix X). H&SC section 25,141 reads, in part: (a) The department [California Department of Toxics Substances Control] shall develop and "adopt by,regulation criteria and guidelines for the identification of hazardous wastes and extremely hazardous wastes. (b) The criteria and guidelines adopted by the department pursuant to subdivision (a) shall identify waste or combinations of waste, that may do either of the following, as hazardous waste because of its quantity, concentration, or physical, chemical, or infectious characteristics: (1) Cause, or significantly contribute to an increase in mortality or an increase in serious irreversible, or incapacitating reversible, illness. (2) Pose a substantial present or potential hazard to human health or the environment, due to factors including, but not limited to, carcinogenicity, acute toxicity, chronic toxicity, bioaccumulative properties, or persistence in the environment, when improperly treated, stored, transported, or disposed of, or otherwise managed. Appendix X lists substances that create a presumption that the waste is a hazardous waste. That section reads, in part: (a) . '. If a waste consists of or contains a chemical listed in this subdivision, the waste is presumed to be a hazardous waste unless it is determined that the Waste is not a hazardous waste pursuant to the procedures set forth in section 66262.11.