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The following is an itemized list of hazardous waste violations that have not been <br /> addressed for Fremont Plaza Ace Hardware as of January 05, 2021. <br /> Open violations from June 05, 2020 inspection <br /> Violation#102-Failed to determine if a waste is a hazardous waste. <br /> OBSERVATIONS: <br /> 1. Metal shavings/fines generated from cutting keys were observed in a shop vacuum, located beneath the facility's <br /> key cutting machine. Brandon Hibler,the operations manager, stated that the key shavings are supposed to be <br /> saved for recycling, however he believes the employees are disposing of the key fines into the trash.A hazardous <br /> waste determination has not been made for the metal key fines. <br /> 2. Metal shavings/fines generated from cutting steel were observed on a metal cutting machine, located in the <br /> facility's overstock area. Brandon indicated that he believes the metal shavings are disposed of into the trash.A <br /> hazardous waste determination has not been made for the steel metal fines. <br /> 3. Cutting oil from cutting steel, and potentially containing metal shavings/fines,was observed on a metal cutting <br /> machine, located in the facility's overstock area. Brandon stated that if the cutting oil ever has to be changed,the <br /> used oil will be containerized and taken to used oil recycler, as long as the oil doesn't have metal in it. It is unknown <br /> how the used oil is managed if it does contain metal.A hazardous waste determination has not been made of the <br /> used cutting oil containing metal shavings/fines. <br /> 4.According to Brandon,the facility allows paint colorant to dry in the paint colorant containers, after a majority of <br /> the paint colorant has been used, before throwing the paint colorant containers into the trash.A hazardous waste <br /> determination has not been made on the paint colorant. <br /> 5.According to Brandon,the facility takes back open, used, and damaged hazardous chemical returns from <br /> customers and if these hazardous chemicals cannot be used by the facility,the facility returns the chemicals to the <br /> Ace Hardware distribution center, located in Rocklin, CA,for credit.A cabinet, located in the area outside of the <br /> facility office,was observed storing various chemical aerosol cans and containers.According to Brandon,these <br /> chemicals will either be used by the facility or returned to the distribution center. Hazardous waste determinations <br /> have not been made on the unsaleable and unusable hazardous chemicals. <br /> 6.According to Brandon,the facility manages hazardous chemical spills in the facility by cleaning up the spills using <br /> rags or a mop, and throwing the rags into the trash or rinsing the mop with water. Hazardous waste determinations <br /> have not been made on spill clean-up material generated from hazardous chemical spills. <br /> REGULATION GUIDANCE: Any person who generates a waste shall determine if the waste is a hazardous waste <br /> as specified in Title 22 California Code of Regulations(CCR). There are wastes that are listed as hazardous <br /> wastes. There are wastes that exhibit one or more of the hazardous waste characteristics:toxic, corrosive, reactive <br /> or ignitable. <br /> CORRECTIVE ACTION: Immediately stop disposing of metal key shavings/fines, steel/metal shavings/fines, paint <br /> colorant, and hazardous chemical spill clean-up material into the trash or down a drain; stop sending damaged, <br /> unsaleable, or unusable hazardous chemicals to the Ace Hardware distribution center; immediately determine if the <br /> used cutting oil generated contains metal shavings/fines; make a hazardous waste determination for each of these <br /> wastes and manage them according to Title 22 CCR. Use Safety Data Sheets(SDS),waste sampling and test <br /> results or other knowledge to support your hazardous waste determination. Waste testing must be done using <br /> methods specified in Title 22 CCR including sections 66261.20-24. <br /> Submit a statement and supporting documentation with your hazardous waste determination for each waste. <br /> Demonstrate current storage and labeling for wastes determined to be hazardous wastes. Provide disposal records <br /> for wastes determined to be hazardous wastes and stored longer than the number of days specified in Title 22 CCR <br /> for your hazardous waste generator status. <br /> Page 1 of 3 <br />