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1.5. Jurisdiction. Health and Safety Code, section 25187, subdivision (a), <br />authorizes the Department to order action necessary to correct violations and to assess <br />a penalty when the Department determines that any person has violated specified <br />provisions of the Health and Safety Code or any permit, rule, regulation, standard, or <br />requirement issued or adopted pursuant thereto. <br />DETERMINATION OF VIOLATIONS <br />2.1. The Department has determined that: <br />2.1.1. On or about December 22, 2003, Respondent violated California Code of <br />Regulations, title 22, section 66262.11, in that Respondent failed to make a waste <br />determination for polishing dust generated in chrome polishing operations. Respondent <br />had been disposing of waste polishing dust by placing it in a trash bin along with regular <br />facility garbage destined for disposal at the County landfill. Subsequent waste analysis <br />by a certified laboratory revealed that the polishing dust is hazardous due to the <br />concentration of chrome, nickel, lead, copper, and zinc particulate matter in the waste. <br />2.1.2. On or about December 22, 2003, Respondent violated Health and Safety <br />Code section 25189.2, subdivision (c), in that Respondent caused the transfer of a <br />hazardous polishing dust waste to a county landfill that does not hold a valid hazardous <br />waste disposal permit. <br />2.1.3. On or about December 22, 2003, Respondent violated Health and Safety <br />Code section 25160, subdivision (b)(1), in that Respondent failed to complete a <br />hazardous waste manifest for hazardous waste polishing dust sent to the county landfill. <br />LODI CHROME <br />-2- <br />HWCA 20040427 <br />ENFORCEMENT ORDER <br />