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SAN" J D�l+ �� I 1411" Environmental Health Department
<br /> COUNTY�l
<br /> Small Quantity Hazardous Waste Generator Inspection Report
<br /> Facility Name: Facility Address: Date:
<br /> CEMEX CONST MATERIALS PACIFIC LLC 30350 S TRACY BLVD TRACY July 03 2019
<br /> SUMMARY OF VIOLATIONS
<br /> (CLASS I,CLASS II,or MINOR-Notice to Comply)
<br /> Item# Remarks
<br /> 203 HSC 25189.5(c)Transported or caused transportation of hazardous waste to an unauthorized point.
<br /> The following was observed:
<br /> - Manifest number 016772566JJK(3-20-2017)had a disposal of 300 pounds of soil/diesel. Inspector asked employee
<br /> if a spill occurred on this site and if they reported it. Employee stated that a spill occurred at Tracy Defense Depot,
<br /> Address:25600 S Chrisman Rd,Tracy, CA 95304. Cemex took responsibility and transferred the spill waste over to
<br /> this site 30350 S. Tracy Blvd. I asked if Tracy Defense Depot reported the spill, employee responded with he did not
<br /> know.
<br /> HSC: 25189.5.
<br /> (a)The disposal of any hazardous waste, or the causing thereof, is prohibited when the disposal is at a facility which
<br /> does not have a permit from the department issued pursuant to this chapter, or at any point which is not authorized
<br /> according to this chapter.
<br /> (b)Any person who is convicted of knowingly disposing or causing the disposal of any hazardous waste,or who
<br /> reasonably should have known that he or she was disposing or causing the disposal of any hazardous waste, at a
<br /> facility which does not have a permit from the department issued pursuant to this chapter, or at any point which is not
<br /> authorized according to this chapter shall, upon conviction, be punished by imprisonment in a county jail for not more
<br /> than one year or by imprisonment pursuant to subdivision (h)of Section 1170 of the Penal Code.
<br /> (c)Any person who knowingly transports or causes the transportation of hazardous waste, or who reasonably should
<br /> have known that he or she was causing the transportation of any hazardous waste, to a facility which does not have a
<br /> permit from the department issued pursuant to this chapter, or at any point which is not authorized according to this
<br /> chapter, shall, upon conviction, be punished by imprisonment in a county jail for not more than one year or by
<br /> imprisonment pursuant to subdivision (h)of Section 1170 of the Penal Code.
<br /> (d)Any person who knowingly treats or stores any hazardous waste 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 according to this chapter, shall,
<br /> upon conviction, be punished by imprisonment in a county jail for not more than one year or by imprisonment pursuant
<br /> to subdivision (h)of Section 1170 of the Penal Code.
<br /> (e)The court also shall impose upon a person convicted of violating subdivision (b), (c), or(d), a fine of not less than
<br /> five thousand dollars($5,000)nor more than one hundred thousand dollars($100,000)for each day of violation, except
<br /> as further provided in this subdivision. If the act which violated subdivision (b), (c), or(d)caused great bodily injury, or
<br /> caused a substantial probability that death could result,the person convicted of violating subdivision (b), (c), or(d)
<br /> may be punished by imprisonment pursuant to subdivision (h)of Section 1170 of the Penal Code for one,two, or three
<br /> years, in addition and consecutive to the term specified in subdivision (b), (c), or(d), and may be fined up to two
<br /> hundred fifty thousand dollars($250,000)for each day of violation.
<br /> (f) For purposes of this section, except as otherwise provided in this subdivision, "each day of violation" means each
<br /> day on which a violation continues. In any case where a person has disposed or caused the disposal of any
<br /> hazardous waste in violation of this section, each day that the waste remains disposed of in violation of this section
<br /> and the person has knowledge thereof is a separate additional violation, unless the person has filed a report of the
<br /> disposal with the department and is complying with any order concerning the disposal issued by the department, a
<br /> FA0009761 PRO514026 SCO01 07/03/2019
<br /> EHD 22-01 Rev.09/27/2018 Page 6 of 8 Small Quantity Hazardous Waste Generator OIR
<br /> 1868 E. Hazelton Avenue I Stockton, California 95205 1 T 209 468-3420 1 F 209 464-0138 1 www.sjcehd.com
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