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of a particle size sieve analysis that was performed on all three of the previously mentioned waste streams. The results showed that a percentage of the particle size of each waste stream was smaller than 100 micro meters. Title 22 (CCR), section 66260.10, excludes fines powders, as a "scrap metal", and further defines fine powders as a "metal in dry, solid form having a particle size smaller than 100 micrometers in diameter". When asked how these three waste streams were managed, Baumbach explained how he did not know how to interpret the analytical results and was managing them as scrap metal. Baumbach explained the scrap metal company who picks up the waste streams was "SIMS", in Stockton. (NOTE: On June 6, 1988, the Department Health Services, Toxic Substances Control Division, wrote Baumbach a letter regarding soil sampling analysis and TTLC results in reference to the 27 Vine Street site.) During the inspection, Baumbach showed us the area where the three metal waste streams were stored in an open bin, on the south side of the property. Mixed in the bin was solid waste. We observed several violations at this facility that had been documented in previous inspection reports. The recurring violations observed during the inspection included the following: a. Hazardous waste minimization plan did not exist. b. Several containers of hazardous waste were not labeled correctly or kept closed. C. Treatment, Storage, Disposal Manifest copies to the department of Toxic Substances Control for out of state shipments, were not available for inspection. d. The contingency plan and employee training records were incomplete. e. The notification for recycling exclusion or exemption for the "paint line washer" and the oil skimmer on the "blue parts washer" was not submitted to this office. The violations were noted on a Summary of Violations and Notice to Comply that was sent certified mailed to the facility on December 1, 1997. PHS-EHD received verification that the summary of violations and notice to comply was received by Valley Industries on December 3, 1997. On January 6, 1998, 1 contacted Baumbach to follow up on the November 26, 1997 Notice to Comply and the Summary of Violations. Baumbach confirmed that he received the inspection report. Baumbach explained there was quite a lot to do and had not proceeded with the corrections. I asked Baumbach when he intended to submit the Certification of Return to Compliance, Baumbach stated by the fifteenth of 5