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Berkeley, CA 94710-2721 <br /> (510) 540-3875 Phone <br /> lvaldez@dtsc.ca.gov <br /> IV. ALLEGED VIOLATIONS <br /> HSC (Health and Safety Code); CCR(California Code of Regulations) <br /> HSC 25189.5(a) Disposed of or caused disposal of hazardous waste at an <br /> unauthorized point. The disposal of any hazardous waste, or the causing thereof, is <br /> prohibited when the disposal is at a facility which does not have a permit from the <br /> department issued pursuant to this chapter, or at any point which is not authorized <br /> according to this chapter. <br /> -;�During the April 7, 2006 inspection, hazardous waste was found disposed of in the <br /> oil water separator. <br /> Title 22, CCR, section 66262.11 (CCR) Failed to determine if a waste is a hazardous <br /> waste. A person who generates a waste, as defined in section 66261.2, shall determine if <br /> that waste is a hazardous waste using the following method: <br /> (a) the generator shall first determine if the waste is excluded from regulation under <br /> section 66261.4 or section 25143.2 of the Health and Safety Code; <br /> (b)the generator shall then determine if the waste is listed as a hazardous waste in articles <br /> 4 or 4.1 of chapter 11 or in Appendix X of chapter 11 of this division. If the waste is <br /> listed in Appendix X and is not listed in articles 4 or 4.1 of chapter 11, the generator <br /> may determine that the waste from his particular facility or operation is not a <br /> hazardous waste by either: <br /> (1) testing the waste according to the methods set forth in article 3 of chapter 11 of <br /> this division, or according to an equivalent method approved by the Department <br /> pursuant to section 66260.21; or <br /> (2) applying knowledge of the hazard characteristic of the waste in light of the <br /> materials or the processes used and the characteristics set forth in article 3 of <br /> chapter 11 of this division. <br /> (c) For purposes of compliance with chapter 18 of this division (commencing with <br /> section 66268.1), or if the waste is not listed as a hazardous waste in article 4 <br /> (commencing with section 66261.30), in article 4.1 (commencing with section <br /> 66261.50), or in Appendix X of chapter 11 of this division, the generator shall <br /> determine whether the waste exhibits any of the characteristics set forth in article 3 of <br /> chapter 11 of this division by either: <br /> (1) testing the waste according to the methods set forth in article 3 (commencing with <br /> section 66261.20) of chapter 11 of this division, or according to an equivalent <br /> method approved by the Department under section 66260.21; or <br /> (2) applying knowledge of the hazard characteristic of the waste in light of the <br /> materials or the processes used. <br /> 5 <br />