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III. INVESTIGATING OFFICERS (INCLUDING OTHER AGENCIES) Name of Investigators: John Jackson; San Joaquin County, Registered Environmental Health Specialist (REHS) San Joaquin County Environmental Health Department 304 E Weber Ave 3 d Floor, Stockton CA 95202 (209)468-3440,jjackson((.Dsjcehd.com Kasey Foley; San Joaquin County, Lead Senior REHS San Joaquin County Environmental Health Department 304 E Weber Ave 3rd Floor, Stockton CA 95202 (209)468-3451, kfoleya,sjcehd.com Leo Valdez; Department of Toxic Substances Control, Hazardous Substances Scientist. 700 Heinz Avenue, Suite 200 Berkley CA 94710 (510) 540-3875, lvaldez@,dtsc.ca.gov IV. ALLEGED VIOLATIONS 1. Health & Safety Code (HSC) 25189.5(a)Illegal Disposal The Disposal of any hazardous waste, or the causing thereof, is prohibited when the disposal is at a facility which does not have a permit from the Department issued pursuant to this chapter, or at any point which is not authorized according to this chapter. —>Delta Plating is not manifesting6�� sample (Delta P1) and red _rouge, sample(Delta P2) to an appropriate facili , zed to accept hazardous waste. Delta Plating showed no documentation of proper disposal, and had not made a waste determination7� jc^. ' t ho_s /A7 �e AA-,-az. 7 w 4 Aa zA 2. California Code of Regulations (CCR),Title 22,section 66262.11, Waste determination. A person who generates a waste, as defined in section 6626102. shall determine if that waste is a hazardous waste using the following method: (a) The generator shall first determine if the waste is excluded from regulation under section 66261.4 or section 25143.2 of the Health and Safety Code; (b)the generator shall then determine if the waste is listed as waste in articles 4 or 4.1 of chapter 11 or in Appendix X of this division. If the waste is listed in Appendix X and is not listed in articles 4 or 4.1 of chapterl 1, the generator may determine that the waste from his particular facility or operation is not a hazardous waste by either: (1)testing the waste according to the methods set forth in Article 3 of chapterl 1 of this division, or according to an equivalent method approved by the department pursuant to section66260.21; or(2) applying knowledge of the hazardous characteristics of the waste in the light of the materials or the processes used and the characteristics set forth in Article 3 of Chapter 11 of this division —>Delta Plating failed to make a hazardous waste determination for the cloth material in the trashcan. Samples were taken. A4'Ll Mx-" . We- ANWIL i-L.e_ de.,l a r,h oet 3. HSC 25189.5 (d) Illegal storage of hazardous waste. Any person who knowingly treats or stores any hazardous waste at a facility which does not have a permit from the department issued pursuant to this chapter, or at any point which is not authorized according to this chapter, shall upon conviction, be punished by