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..� *l./ According to subsection (b) , the producer can "self-classify" the waste to determine if the waste is hazardous as described in Section 66305 (a) (this is the same as the determination in Section 66471, but also includes the statutory definition in Section 25117 of the Health and Safety Code (HSC) , as a criterion) , and manage the waste in accordance with that classification. It is important to note that even though the waste producer may classify and manage their waste as nonhazardous, the DHS and local environmental health agencies (PHS) retain their authority and may sample the waste to ensure that the classification was done correctly. According to subsection (c) , if the waste producer desires to obtain a concurrence from the DHS, the waste classification information must be sent on a Waste Classification Form to the DHS Waste Evaluation Unit so that it may be assessed. In the interim, until the DHS has assessed the classification information and either concurred with or rejected the waste producer's request, the waste producer must manage the waste as hazardous waste. According to subsection (e) , even if a waste is found to be hazardous either based on the criteria in Article 11 or based on the definition in Section 25117, HSC, a waste producer may apply to the DHS to handle the waste as nonhazardous because it has mitigating physical or chemical characteristics which render it as insignificant as a hazard to human health and safety, livestock, and wildlife. Pursuant to Section 66310, 22 CCR, a variance may be granted from one or more provisions of 22 CCR, even if the waste has been determined to be hazardous. PHS will be forwarding a copy of your inspection report as soon as possible. Should you have any questions regarding this letter, please contact Kasey Foley at (209) 468-3468. Jogi Khanna, �//J�M(��.D.. , M.P.H. (e- Ron Valinoti, R.E.H.S. Director of Environmental Health RV/kf