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managed within one year of being emptied. A container or an inner liner removed from a container larger than five gallons in capacity which is managed pursuant 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. 4 During the November 17, 2008, hazardous waste inspection, a 55 -gallon container that once held a hazardous material was found not marked with the date it was emptied. T22, 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, the generator shall determine whether the waste exhibits any of the characteristics set forth in article 3 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. (d) 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. 4 Five 55 -gallon containers of waste were found during the July 23, 2008, hazardous waste inspection without a hazardous waste determination made. 4 Three 55 -gallon containers of waste were found during the November 17, 2008, hazardous waste inspection without a hazardous waste determination made. T22, CCR 66262.12(a) Managed a hazardous waste without an EPA ID number. Except as specified in (d), a generator shall not treat, store, dispose of, transport or offer for transportation, hazardous waste without having received an Identification Number. 4 During the July 23, 2008, and November 17, 2008, hazardous waste inspections, this facility did not have a valid EPD ID number to manager hazardous waste. T22, CCR 66262.34(d)(2) No modified contingency plan. Notwithstanding subsections (a) and (c) of this section and section 66262.35, a generator of less than 11