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From:Thammavongsa, Sastina [EHD] <sthammavongsa@sjgov.org> <br /> Sent: Monday, March 30, 2026 9:42 AM <br /> To: Dan Dumas <dan.windmillcoveresortPgmail.com> <br /> Cc: Sangalang, Scott [EHD] <ssangal.ang@sjgov.org> <br /> Subject: RE: CO2600166 NTA <br /> Good morning, <br /> The CUPA unit who sent their own inspector out for their own complaint investigation only <br /> regulates hazardous materials/waste. In California the individual generating the waste <br /> must determine if the waste generated meets the criteria of hazardous waste as defined <br /> in 22 CCR section 66261.3. As per the CUPA unit inspector's observations and the <br /> generators knowledge of what was in the dumpster, it was determined that the waste run- <br /> off/leachate did not meet the criteria for hazardous waste in California. <br /> With that being said, the Water Quality unit has jurisdiction over different regulations than <br /> CUPA. <br /> Under the SJC Ordinance Code Section 9-6033.020 which states <br /> Discharge Adjacent to Waterway. It shall be unlawful to dump or discharge any <br /> treated or untreated waste within 150 feet of the high-water mark of any <br /> watercourse or impoundment for either natural or unnatural surface water or at any other <br /> location where the discharge maybe detrimental to the surface orground waters of the <br /> County. All wastewater discharges shall meet the discharge standards set by the State <br /> Regional Water Quality Control Board(RWQCB)and the requirements contained in this <br /> Chapter. <br /> Awaste is defined by the ordinance under 9-900.020 as <br /> Sewage and all other waste substances, liquid, solid,gaseous, or radioactive, associated <br /> with human habitation, or of human or animal origin, or from any producing, manufacturing, <br /> or processing operation of whatever nature, including such waste placed within containers <br /> of whatever nature prior to and for purposes of disposal. <br /> Under California Health and Safety Code Subsection 117555 <br /> "A person who places, deposits, or dumps, or who causes to be placed, deposited, or <br /> dumped, or who causes or allows to overflow, sewage, sludge, cesspool or septic tank <br /> effluent, accumulation of human excreta, or solid waste, in or upon a street, alley, public <br /> highway, or road in common use or upon a public park or other public property other than <br /> property designated or set aside for that purpose by the governing board or body having <br />