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SA N.J OAQ U I N Environmental Health Department <br /> COUNTY <br /> Small Quantity Hazardous Waste Generator Inspection Report <br /> Facility Name: Facility Address: Date: <br /> O'REILY AUTO PARTS#3020 309 W DR MARTIN LUTHER KING JR BLVD, June 14, 2021 <br /> Other Violations <br /> 3050 See below Unlisted Abandonment/Illegal Disposal/Unauthorized Treatment violation ❑V R Ll COS <br /> SUMMARY OF VIOLATIONS <br /> (CLASS I,CLASS II,or MINOR-Notice to Comply) <br /> Item# Remarks <br /> 102 CCR 66262.11 Failed to determine if a waste is a hazardous waste. <br /> OBSERVATIONS: <br /> 1. A non-empty aerosol can of Slime Tire Sealant was observed with a warranty tag and an original purchase receipt <br /> on the Warranty shelf near the hazardous waste storage area.According to Veronica Talamantes,Assistant <br /> Manager,the tire sealant is going to be sent back to the O'Reilly's distribution center in Stockton, CA because it is <br /> damaged and cannot be sold.According to Veronica chemical products that are damaged and unsaleable to <br /> customers are sent back to the O'Reilly Auto Parts Distribution Center in Stockton, unless the facility is able to sell <br /> the damaged product to local businesses/commercial accounts within about 3 days after the damaged product is <br /> taken out of the facility's inventory. The facility was unable to provide records of damaged product that have been <br /> sold to local businesses/commercial accounts. <br /> REGULATION GUIDANCE: Any person who generates a waste shall determine if the waste is a hazardous waste <br /> as specified in Title 22 California Code of Regulations(CCR). There are wastes that are listed as hazardous <br /> wastes. There are wastes that exhibit one or more of the hazardous waste characteristics:toxic, corrosive, reactive <br /> or ignitable. <br /> Title 22 CCR section 66261.2—Definition of Waste <br /> Title 22 CCR section 66261.3—Definition of Hazardous Waste <br /> A business operator shall keep records of any hazardous waste determinations made in accordance with Title 22 <br /> California Code of Regulations(CCR)section 66262.11 for at least three years from the date that the waste was last <br /> sent to an on-site or off-site treatment, storage, or disposal facility. The records may include Safety Data Sheets <br /> (SDS), waste test results or other hazardous waste determination documentation. <br /> CORRECTIVE ACTION: Immediately stop sending back damaged unsaleable chemical items back to the O'Reilly <br /> Distribution Center, make a hazardous waste determination for each waste, and manage it according to Title 22 <br /> CCR. Use Safety Data Sheets(SDS),waste sampling and test results or other knowledge to support your <br /> hazardous waste determination. Waste testing must be done using methods specified in Title 22 CCR including <br /> sections 66261.20-24. <br /> Submit a statement and supporting documentation with your hazardous waste determination. Demonstrate current <br /> storage and labeling for wastes determined to be hazardous wastes. Provide disposal records for wastes <br /> determined to be hazardous wastes and stored longer than the number of days specified in Title 22 CCR for your <br /> hazardous waste generator status. <br /> This is a Class II violation. <br /> FA0010975 PRO514477 SCO01 06/14/2021 <br /> EHD 22-01 Rev.9/16/2020 Page 4 of 6 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.sjgov.org/EHD <br />