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ROGERS ,JOSEPH O'DONNELL www.rjo.com Elianna Florido, REHS San Joaquin County Environmental Health Dept. July 24, 2020 Page 4 to count as hazardous waste, the bottles themselves should not be counted as hazardous waste. See https://nepis.epa.gov/Adobe/PDF/P100NG6J.pdf And,because of the sewer"ban"that applies to all states, triple rinsing is not a method available either under federal or state law (40 CFR 266.505) (see Hazardous and Solid Waste Amendments (HSWA) effective in all states on August 21, 2019). Thus, California must follow the "sewer ban"under the HSWA and triple rinsing is not an available option to achieve "empty", notwithstanding Cal. Code Regs., tit. 22 § 66261.7(d). Walgreens' empty warfarin containers are lawfully managed in accordance with, § 66261.7, and specifically § 66261.7(r), which DTSC cites: Any container, or inner liner removed from a container, which previously held a hazardous material, including but not limited to hazardous waste, and which is not empty as defined in subsections (b) or(d) of this section, . . . shall be managed as a hazardous waste... Walgreens' testing is consistent with that of U.S. EPA and shows that the amount of residue, if any, remaining when pharmaceuticals have been removed using the practices commonly employed to remove materials from that type of container, is effectively non-existent, and the container is empty. Nonetheless, Walgreens' environmental contractor manages these containers as hazardous waste and transports them in accordance with applicable D.O.T regulations. Because there is insufficient residue to weigh, Walgreens' environmental contractor lists the lowest increment available on the manifest form; listing a 1 lb. increment as "residue last contained" in section 9 of the form and the number of empty containers in section 14. (See attached manifests 014029341 FLE—CNT 4 empty bottles; 014029341 FLE- CNT 7 empty bottles). According to federal law, these warfarin stock bottles are "empty"; they should also be considered empty under California law and should not count toward generator status. The manifests are properly completed and submitted pursuant to CCR 66262.23(a). A manifest correction letter is not required. 605: Failed to Completely Label Containers or Portable Tanks of Hazardous Waste. Those Walgreens' employees with hazardous waste responsibilities have been trained and have completed a program of online training at the store level, in addition to refresher training in person with management. Walgreens also provides multiple store level references for assistance with waste classification and labeling. 514077.1 A Professional Law Corporation