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Complaint Investigation Summary Report #: 5105 COMPLAINT ID: C00054015 Site Location: 9999 S AUSTIN RD Activity Summary Activity Date Recorded by 07/09/2021 Site visit with Carol Presto (EHD): 8:30 am- Called Ruben (with Forward Landfill), MANZO 209-969-9952, asked him what happened yesterday with the clean up. Told him that Elianna received a call from Terry McGuiness with All Clean, who told her that because it was getting late in the day he will have his clean up crew onsite tomorrow during day time hours and he will secure the area today. Told Ruben that approximately one hour later, Elianna received a call from Terry who indicated that the clean up was done, soil was excavated and drums moved to another location and landfill covered the excavated area. Ruben indicated that it's not what happened, he said that he told Terry that county needs to be onsite for the clean up, but was told by Terry that he spoke with the county and that the EHD is ok with everything that he is doing. Ruben also indicated that landfill didn't cover the excavated area. 8:48 am, arrived onsite, met with Ruben, Terry and All Clean clean up crew. The area that previously had the discarded containers now had several stock piles of daily cover and an active garbage dumping operation. Asked Ruben about the excavated area, he said that the compacter went through the area of excavation after it was excavated. It didn't appear possible to locate the two 1x1' excavated areas to verify the clean up. Let both Ruben and Terry know that EHD always needs to verify clean up and we were not able to do so here. Both Ruben and Terry indicated that they didn't take any clean up pictures. Terry indicated that yesterday was hot and that he made a wrong decision with cleaning it up without EHD verification. Terry showed us two black garbage bags of soil that were generated during the excavation. Observed staged 55-gallon drums and 5 gallon containers to the side of the active cell landfill operation. All containers had corrosive, 8, labels on them. Even from approximately 10-15 feet away, strong odor could be detected emanating from the area of the staged drums, as such EHD didn't approach the drums any closer due to safety concerns and didn't personally verify which drums had any liquid. Observed one crushed 55-gallon drum and one crushed 5-gallon container. The rest of the containers were sealed, no off gassing or fume cloud were observed during the inspection. Terry notified the EHD that his plan is to dispose of crushed containers and excavated soil as hazardous (under HW manifest) and for the rest of the containers to be taken back to the responsible party's facility located at 1325 El Pinal Road, Stockton, CA. Terry indicated that containers are empty. I asked Terry if there is any pourable chemicals in the containers and he said that some might have a few inches of liquid. Discussed the California definition of empty container, reiterated, that no pourable or scoopable substance should remain in the container in order for the container to be classified as empty. Told Terry that all the hazardous waste must be disposed of at an approximate disposal facility under the manifest. Asked Terry what will he do with the residual liquid, and was told that facility (Metal Finishing Solutions) want to use it in their process as product. Discussed the issue of transportation of 55-gallon containers with some residuals back to the Metal Finishing facility when they classified them as waste to begin with and disposed at the landfill with Terry. Also discussed the issue of transporting these containers back to the Metal Finishing Solutions with Garrett Backus (EHD). Garrett concurred that if facility will put in writing that material is still product and not a waste it can be transported back to their facility for reuse. Called Jason Torres (Metal Finishing Manager) 209-990-9395, discussed the issues associated with drums being returned back to their facility. Discussed a violation of transporting hazardous waste without a manifest to an unauthorized point. Jason said that they will use the residual product in their process, but then also mentioned that maybe later they will hire someone to haul it away as waste. Told him that if he is designating the drums as waste, they cannot transport them back as product and it would be a violation for them to do so. Jason then indicated that they will be used as product. Asked Jason to put his intent to transport the drums back to their facility for reuse as product in writing. Asked if Jason has an environmental compliance manager that I can speak with, Jason said that would be Chad and he will put me in touch with him. 5105.rpt Page 5 of 9