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hazardous waste inspection. HSC 25189.5 ( ) Disposal or caused disposal of hazardous waste at an unauthorized point. The disposal of any hazardous waste, or the causing thereof, is prohibited when the disposal is at a facility which does not have a permit from the department issued pursuant to this chapter, or at any point which is not authorized according to this chapter. 4 During the July 9, 2002, routine hazardous waste inspection at Wilson Way, an employee statedthat used gasolineabsorbent pads were baggedthrown in the trash. During the November 21, 2005, routine hazardous waste inspection at Charter Way, Mr. Saini stated that they do not sweep up absorbent from spills, and allow wind traffic to disperse it into the environment. During the November 21, 2005, routine hazardous waste inspection at Charter Way, Mr. Saini also stated that the used fuel filters were hauled off by the service technician who replaces them (see corresponding violation Title 22, CCR, 66266.130). As of January 1, 2005, waste fuel filters are allowed to be hauledusing a proper bill of lading i handled pursuant to 66266.130 (used oil filter section) requiring roof of scrap metal recycling. Without proper handling pursuant to 66266.130, waste fuel filters are considered hazardous waste. Mr. Saini was unable to provide proof of proper handling and disposal of waste fuel filters. Title 22, CCR 66261.7 (Q An empty hazardous waste or hazardous material container (larger than 5 gallons) was not marked with the date it was emptied or not managed within one year of beingemptied. A container or an inner liner removed from a container larger than five gallons in capacity which is managed pursuant to subsection (e) of this section shall be marked with the date it has been emptied and shall be managed within one year of being emptied. 4 Three contaminated drums were found at West Lane not marked accordingto this section during the October 8, 2007, routine hazardous waste inspection. Title 22, CCR 66262.11 Failed to determine if a waste is a hazardouswaste. A person who generates a waste, as defined in section 66261.2, shall determine if that waste is a hazardous waste using the following method: (a) the generator shall first determine if the waste is excluded from regulation under section 66261.4 or section 25143.2 of the Health and Safety Code; (b) the generator shall then determine if the waste is listed as a hazardous waste in articles 4 or 4.1 of chapter 11 or in Appendix X of chapter 11 of this division. If the waste is listed in Appendix X and is not listed in articles 4 or 4.1 of chapter 11, the generator may determine that the waste from his particular facility or operation is not a hazardous waste by either: (1) testing the waste according to the methods set forth in article 3 of chapter 11 of this division, or according to an equivalent method approved by the Department pursuant to section 66260.21; or (2) applying knowledge of the hazard characteristic of the waste in light of the materials or the processes used and the characteristics set forth in article 3 of chapter 11 of this division. (c) For purposes of compliance with chapter 18 of this division (commencing with section 66268.1), or if the waste is not listed as a hazardous waste in article 4 (commencing with section 66261.30), in article 4.1 (commencing with section 66261.50), or in Appendix X of chapter 11 of this division, the generator shall determine whether the waste exhibits any of 18