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PUBLrC HEALTH SERVICES OP�uI~ C <br /> SAN JOAQUIN COUNTY = z <br /> JOGI KHANNA M.D.,M.P.H. A <br /> Health Officer <br /> P.O. Box 2009 (1601 East Hazelton Avenue) Stockton,California 95201 <br /> (209) 468-3400 <br /> JANUARY 2,1991 <br /> MR. FRED PROBY <br /> TIME OIL CO. <br /> P.O. BOX 24447 <br /> SEATTLE, WASHINGTON 98124-0447 <br /> RE: HAZARDOUS WASTE GENERATOR STATUS <br /> Thank you for you fax transmittal dated December 31, 1990, to Public Health <br /> Services of San Joaquin County (PHS) . In that transmittal you requested that PHS <br /> provide you with the basis for its determination that your waste water is <br /> hazardous waste. Allow me to explain the waste classification requirements which <br /> entail both federal and state regulations, as they exist in California. <br /> According to federal regulations found in Section 262.11 of Title 40 of the Code <br /> of Federal Regulations (CFR) (Section 262.11, 40 CFR) , it is the responsibility <br /> of any person who generates a solid waste to determine if that waste is a <br /> hazardous waste by: <br /> 1) Determining if the waste is excluded under Section 261.4, 40 CFR; <br /> 2) Determining if the waste is listed in subpart D of part 261, 40 CFR; <br /> 3) Determining if the waste meets any of the criteria established in subpart C <br /> of part 261, 40 CFR. <br /> If, as a result of these steps, the waste is determined to be hazardous, the <br /> hazardous waste is considered federally-regulated (a.k.a., RCRA-regulated) . If <br /> the waste is RCRA-regulated, the Department of Health Services (DHS) does not <br /> have the authority to classify the waste as nonhazardous. However, Section <br /> 262.11, 40 CFR, does not preclude the DHS from determining that a waste is also <br /> hazardous pursuant to the state's criteria in Article 11, 22 CCR. The point is <br /> that 40 CFR is the minimum national standard for the regulation of hazardous <br /> waste. <br /> If, under 40 CFR, the waste is determined not to be hazardous and therefore not <br /> RCRA-regulated, then the criteria in Article 11, and the following requirements <br /> of Title 22 would apply. <br /> According to Section 66471, 22 CCR, it is the responsibility of any person who <br /> generates a waste to determine whether it is hazardous. This determination can <br /> be based on either the waste being listed in Articles 9 or 11, 22 CCR, or by <br /> evaluating the waste by either chemical analyses or knowledge of the materials <br /> or processes generating the waste in light of the criteria in Article 11 <br /> (toxicity, ignitability, reactivity, and corrosivity) . <br /> According to Section 66305, 22 CCR, a waste producer has several options to <br /> follow in determining whether the waste is hazardous: <br /> A Division of San Joaquin County Health Care Services <br />