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III. INVESTIGATING OFFICERS (INCLUDING OTHER AGENCIES) Name of Investigators: John Jackson; San Joaquin County,Registered Environmental Health Specialist(REHS) San Joaquin County Environmental Health Department 304 E Weber Ave 3rd Floor, Stockton CA 95202 (209) 468-3440, iiacksongsicehd.com Kasey Foley; San Joaquin County, Lead Senior REHS San Joaquin County Environmental Health Department 304 E Weber Ave 3rd Floor, Stockton CA 95202 (209)468-3451,kfoley@sjcehd.com Leo Valdez; Department of Toxic Substances Control,Hazardous Substances Scientist. 700 Heinz Avenue, Suite 200 Berkley CA 94710 (510) 540-3875, lvaldezadtsc.ca.,gov IV. ALLEGED VIOLATIONS 1. Health & Safety Code (HSC) 25189.5(x)Illegal Disposal 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. —*Delta Plating is not manifesting hazardous waste cloth, sample (Delta Pl) and red rouge, sample (Delta P2) to an appropriate facility, authorized to accept hazardous waste. Delta Plating showed no documentation of proper disposal, and had not made a waste determination 2. California Code of Regulations (CCR),Title 22,section 66262.11,Waste determination. A person who generates a waste, as defined in section 6626102. 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 waste in articles 4 or 4.1 of chapter 11 or in Appendix X of this division. If the waste is listed in Appendix X and is not listed in articles 4 or 4.1 of chapterl 1, 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 chapterl 1 of this division, or according to an equivalent method approved by the department pursuant to section66260.21; or(2) applying knowledge of the hazardous characteristics of the waste in the light of the materials or the processes used and the characteristics set forth in Article 3 of Chapter 11 of this division —>Delta Plating failed to make a hazardous waste determination for the cloth material in the trashcan. Samples were taken. 3. HSC 25189.5 (d) Illegal storage of hazardous waste. Any person who knowingly treats or stores any hazardous waste 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, shall upon conviction,be punished by