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SANJ O A Q U I N � � � � � � � Environmental Health Department
<br /> - COUNTY —
<br /> Small
<br /> OUNTY � S
<br /> Small Quantity Hazardous Waste Generator Inspection Report
<br /> Facility Name: Facility Address : Date:
<br /> CEMEX CONST MATERIALS PACIFIC LLC 30350 S TRACY BLVD TRACY July 03 2019
<br /> SUMMARY OF VIOLATIONS
<br /> (CLASS I, CLASS II, or MINOR - Notice to Comply)
<br /> Item # Remarks
<br /> 203 HSC 25189 . 5 (c) Transported or caused transportation of hazardous waste to an unauthorized point.
<br /> The following was observed :
<br /> - Manifest number 016772566JJK (3-20-2017 ) had a disposal of 300 pounds of soil/diesel . Inspector asked employee
<br /> if a spill occurred on this site and if they reported it. Employee stated that a spill occurred at Tracy Defense Depot,
<br /> Address : 25600 S Chrisman Rd , Tracy , CA 95304. Cemex took responsibility and transferred the spill waste over to
<br /> this site 30350 S . Tracy Blvd . I asked if Tracy Defense Depot reported the spill , employee responded with he did not
<br /> know.
<br /> HSC : 25189 . 5 .
<br /> (a ) The disposal of any hazardous waste , or the causing thereof, is prohibited when the disposal is at a facility which
<br /> does not have a permit from the department issued pursuant to this chapter, or at any point which is not authorized
<br /> according to this chapter.
<br /> ( b) Any person who is convicted of knowingly disposing or causing the disposal of any hazardous waste , or who
<br /> reasonably should have known that he or she was disposing or Causing the disposal of any hazardous waste , at a
<br /> facility which does not have a permit from the department issued pursuant to this chapter, or at any point which is not
<br /> authorized according to this chapter shall , upon conviction , be punished by imprisonment in a county jail for not more
<br /> than one year or by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code .
<br /> (c) Any person who knowingly transports or causes the transportation of hazardous waste , or who reasonably should
<br /> have known that he or she was causing the transportation of any hazardous waste , to a facility which does not have a
<br /> permit from the department issued pursuant to this chapter, or at any point which is not authorized according to this
<br /> chapter, shall , upon conviction , be punished by imprisonment in a county jail for not more than one year or by
<br /> imprisonment pursuant to subdivision (h ) of Section 1170 of the Penal Code .
<br /> (d ) Any person who knowingly treats or stores any hazardous waste 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 according to this chapter, shall ,
<br /> upon conviction , be punished by imprisonment in a county jail for not more than one year or by imprisonment pursuant
<br /> to subdivision (h ) of Section 1170 of the Penal Code .
<br /> (e) The court also shall impose upon a person convicted of violating subdivision (b) , (c) , or (d ) , a fine of not less than
<br /> five thousand dollars ($5 , 000) nor more than one hundred thousand dollars ($ 100 , 000) for each day of violation , except
<br /> as further provided in this subdivision . If the act which violated subdivision (b) , (c) , or (d ) caused great bodily injury, or
<br /> caused a substantial probability that death could result, the person convicted of violating subdivision (b) , (c) , or (d )
<br /> may be punished by imprisonment pursuant to subdivision ( h ) of Section 1170 of the Penal Code for one , two, or three
<br /> years , in addition and consecutive to the term specified in subdivision (b) , (c) , or (d ) , and may be fined up to two
<br /> hundred fifty thousand dollars ($250, 000) for each day of violation .
<br /> (f) For purposes of this section , except as otherwise provided in this subdivision , "each day of violation " means each
<br /> day on which a violation continues. In any case where a person has disposed or caused the disposal of any
<br /> hazardous waste in violation of this section , each day that the waste remains disposed of in violation of this section
<br /> and the person has knowledge thereof is a separate additional violation , unless the person has filed a report of the
<br /> disposal with the department and is complying with any order concerning the disposal issued by the department, a
<br /> FA0009761 PR0514026 SCO01 07/03/2019
<br /> EHD 22-01 Rev. 09/27/2018 Page 6 of 8 Small Quantity Hazardous Waste Generator OIR
<br /> 1868 E . Hazelton Avenue I Stockton , California 95205 1 T 209 468-3420 1 F 209 464-0138 1 www. sjcehd . com
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