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to subsection (e) of this section shall be marked with the date it has been emptied and shall be managed within one year of being emptied. 4A 55 gallon contaminated container was not marked with the date it was emptied. Title 22, CCR 66262.11 Failed to determine if a waste is a hazardous waste. A person who generates a waste, as defined in section 66261.2, 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 a hazardous waste in articles 4 or 4.1 of chapter 11 or in Appendix X of chapter 11 of this division. If the waste is listed in Appendix X and is not listed in articles 4 or 4.1 of chapter 11, 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 chapter 11 of this division, or according to an equivalent method approved by the Department pursuant to section 66260.21; or (2) applying knowledge of the hazard characteristic of the waste in light of the materials or the processes used and the characteristics set forth in article 3 of chapter 11 of this division. (c) For purposes of compliance with chapter 18 of this division (commencing with section 66268.1), or if the waste is not listed as a hazardous waste in article 4 (commencing with section 66261.30), in article 4.1 (commencing with section 66261.50), or in Appendix X of chapter 11 of this division by either: (1) testing the waste according to the methods set forth in article 3 (commencing with section 66261.20) of chapter 11 of this division, or according to an equivalent method approved by the Department under section 66260.21;or (2) applying knowledge of the hazard characteristic of the waste in light of the materials or the processes used. (3) If the waste is determined to be hazardous, the generator shall refer to chapters, 14, 15, 18, and 23 of this division for possible exclusions or restrictions pertaining to management of the specific waste. A hazardous waste determination was not made for waste liquid found in a 55 - gallon drum during the October 30, 2006, inspection. Title 22, CCR 66262.40 (a) Failed to keep signed copy for three years. A generator shall keep a copy of each manifest signed in accordance with section 66262.23(a) for three years or until the generator receives a signed copy from the designated facility which received the waste. This signed copy shall be retained as a record for at least three years from the date the waste was accepted by the initial transporter. 4 No manifests were available for review at the time of the October 30, 2006, routine hazardous waste inspection. Copies were requested to be submitted to this office, but were never submitted. 5