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ENVIROAENTAL HEALTH DEPARTMENT PQU`" SAN JOAQUIN COUNTY Donna K. Heran, R.E.H.S. Unit Supervisors uei iii :< Director 304 East Weber Avenue,Third Floor Carl Borgman,R.E.H.S. 1 I Laurie A. Cotulla, R.E.H.S. Stockton,California 95202-2708 Mike Huggins, R.E.H.S., R.D.I. • Program Manager Douglas W.Wilson,R.E.H.S. — a�P g g Telephone: (209)468-3420 g g i F O R. Margaret Lagorio,R.E.H.S. Fax: (209)464-0138 Robert McClellon, R.E.H.S. Website:www.sjgov.org/ehd/ Jeff Carruesco,R.E.H.S. TO: DAVID IREY,DEPUTY DISTRICT ATTORNEY SAN JOAQUIN COUNTY DISTRICT ATTORNEY'S OFFICE ENVIRONMENTAL PROSECUTIONS UNIT FROM: DONNA RERAN,DIRECTOR ENVIRONMENTAL HEALTH DEPARTMENT DATE: July 5,2006 (COFIY RE: EL CAMINO TIRE ILLEGAL DISPOSAL OF HAZARDOUS WASTE AND VIOLATION OF WASTE/USED TIRE REGULATIONS I.SUMMARY The Environmental Health Department(EHD)conducted a routine waste tire inspection on May 10,2006 at El Camino Tire,2498 E Main Street, Stockton,CA 95205. The EHD found that approximately 860 waste tires and 2500 used tires were stored at the facility. Businesses are required to keep Comprehensive Trip Logs(CTLs)for all transfers of 10 or more waste and used tires arriving to and leaving from the facility. The operator provided CTLs for waste tires hauled from the facility but did not have CTLs for waste and used tires delivered to the facility. The EHD observed a white panel truck at the facility which was painted with"El Camino Tires for Less"on the side. The truck did not have a waste tire hauler decal on the front window,which is required for businesses hauling 10 or more waste or used tires. The EHD observed two fifty gallon plastic barrels full of a liquid which looked like waste oil. The EHD observed waste oil leaking on the ground from an automobile transmission removed from a vehicle. The EHD conducted a follow up visit on May 16, 2006 and met with the business owner, Rode Montijo. The EHD inspected a dumpster at the facility. The dumpster was labeled on the front with the statement, "No Hazardous or Special Wastes Accepted,No Tires,Drums,Appliances,Batteries,or Chemicals." The dumpster contained three plastic containers full of liquid which looked like waste oil and gasoline. The EHD sampled the three containers and had the samples analyzed to determine if they were hazardous waste. Three samples were found to be hazardous waste based on their flashpoint temperatures. Two of the three samples were hazardous waste based on their toxicity. The acute aquatic 96-hour LC50 test was used to determine toxicity. The two fifty gallon plastic barrels observed on May 10,2006 were empty on May 16,2006. Mr.Montijo stated that he took some waste oil to a friend's waste oil collection container. A plastic jug, full of waste oil and without a lid, was seen stored on the ground. Mr. Montijo could not provide hazardous waste manifest records or an EPA number for the facility. The EHD observed two five gallon buckets and an open semicircular-shaped container full of black liquid which smelled like gasoline. The containers did not have tight fitting lids and were stored next to stacks of used tires. Mr. Montijo stated that he mixes gasoline and tar and applies the mixture to color used tires black. Disposal of hazardous waste at an unauthorized point is a violation of the California Health and Safety Code (HSC) §25189.5. Causing transportation of hazardous waste to an unauthorized point is a violation of HSC §25189.5. Managing a hazardous waste without an EPA number is a violation of Title (T) 22 California Code of Regulations (CCR) §66262.12,"Identification Numbers for the Generator." Storage of gasoline and waste oil in containers without tight-fitting lids and waste oil releases onto the ground are violations of T22 CCR§66265.31, "Maintenance and Operation of Facility." The facility is not maintained to minimize the release of hazardous waste to air,soil or surface water.