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MFS Response to Hazardous Material Violations: PR0543520-1325 EI Pinal-Compliance-8-3-21 OIR Page 1 of 8 101. HSC 25201(a) Failed to obtain a permit to treat hazardous waste. OBSERVATION: A hazardous waste treatment permit has not been issued to this facility for 2021 since an open violation for an incomplete hazardous waste tank assessment is not resolved from the 8-31-20 inspection. REGULATION GUIDANCE: California Health & Safety Code (HSC) section 25201(a) No owner or operator of a storage facility or treatment facility shall treat, store, or dispose of a hazardous waste at the facility, unless the owner or operator holds a hazardous waste facilities permit or other grant of authorization from the department to use and operate the facility, or the owner or operator is operating under a permit -by -rule pursuant to the department's regulations, or a grant of conditional authorization or conditional exemption pursuant to this chapter. Title 22 California Code of Regulations section 66260.10 California Health & Safety Code (HSC) section 25123.5 CORRECTIVE ACTION: Immediately cease treatment of hazardous waste until a permit is issued by the EHD for all treatment activities at this site. Store and dispose of the hazardous waste as specified in Title 22 California Code of Regulations until the treatment permit is obtained. Provide a CORRECTIVE ACTION statement and supporting documentation to the EHD within 30 days. This is a Class I violation. Metal Finishing Solutions (MFS) Response: The Facility submitted a Waste Tank System Integrity Report by Morris Shaffer Engineering in August 24, 2021. Note that this was after the July 2021 SJC — EHD Inspection. MFS V.P Tony Grizelj had been in contact with Lydia Baker — SJC EHS prior to the July 20, 2021 inspection. Note that Morris Shaffer Engineering have since update their Waste Tank System Integrity Report and MFS will submit this update for SJC-EHD review and approval, as shown below: