Cal. Code Regs. Tit. 22, § 66262.34 - Accumulation Time
(a) Except as provided in subsections (c) and
(d) of this section and section
66262.35, a generator may
accumulate hazardous waste on-site for 90 days or less without a permit or
grant of interim status, provided that:
(1)
(A) the waste is placed in containers and the
generator complies with the applicable requirements of articles 9, 27, 28 and
28.5 of chapter 15 of this division, or the waste is placed in tanks and the
generator complies with articles 10, 27, 28, and 28.5 of chapter 15 of this
division, except sections
66265.197(c) and
66265.200. In addition, such a
generator is exempt from all the requirements in articles 7 and 8 of chapter 15
of this division, except for sections
66265.111 and
66265.114; or
(B) the waste is placed on drip pads and the
generator complies with the applicable requirements of articles 17.5, 27, 28
and 28.5 of chapter 15 and maintains the following records at the facility:
1. a description of procedures that will be
followed to ensure that all wastes are removed from the drip pad and associated
collection system at least once every 90 days; and
2. documentation of each waste removal,
including the quantity of waste removed from the drip pad and the sump or
collection system and the date and time of removal; and/or
(C) the waste is placed in containment
buildings and the generator complies with article 29 of Chapter 15 of this
division, has placed its professional engineer (PE) certification that the
building complies with the design standards specified in 66265.1101 in the
facility's operating record no later than 60 days after the date of initial
operation of the unit. After February 18, 1993, PE certification will be
required prior to operation of the unit. The owner or operator shall maintain
the following records at the facility:
1. a
written description of procedures to ensure that each waste volume remains in
the unit for no more than 90 days, a written description of the waste
generation and management practices for the facility showing that they are
consistent with respecting the 90 day limit, and documentation that the
procedures are complied with; or
2.
documentation that the unit is emptied at least once every 90 days;
and
(2) the
date upon which each period of accumulation begins is clearly marked and
visible for inspection on each container; and
(3) the generator complies with the
requirements of subsection (f) of this section; and
(b) The beginning of the 90 day period
specified in subsections (a) and (c) of this section is determined as follows:
(1) if the generator does not generate more
than 100 kilograms of hazardous waste or one kilogram of acutely hazardous
waste (listed in section
66261.33(e) ) or
one kilogram of extremely hazardous waste during any calendar month, the 90 day
period begins on the date the generator has accumulated 100 kilograms of
hazardous waste or one kilogram of acutely hazardous waste or one kilogram of
extremely hazardous waste;
(2) if
the generator generates more than 100 kilograms of hazardous waste or one
kilogram of acutely hazardous waste or one kilogram of extremely hazardous
waste during any calendar month, the 90-day period begins on the first date on
which any amount of hazardous waste begins to accumulate during that
month.
(c) A generator
who accumulates hazardous waste for more than 90 days is an operator of a
storage facility and is subject to the requirements of chapters 14 and 15 of
this division and the permit requirements of chapter 20 of this division,
unless the generator has been granted an extension to the 90-day period or
meets the requirements of subsection (d) or (e) of this section. An extension
may be granted pursuant to section
66262.35 if non-RCRA or RCRA
exempt hazardous wastes must remain on-site for longer than 90 days. An
extension may be granted by the Department if RCRA hazardous wastes must remain
onsite for longer than 90 days due to unforeseeable, temporary, and
uncontrollable circumstances. An extension of up to 30 days for RCRA hazardous
waste may be granted at the discretion of the Department on a case-by-case
basis.
(d) Notwithstanding
subsections (a) and (c) of this section and section
66262.35, a generator of less than
1,000 kilograms of hazardous waste in any calendar month who accumulates
hazardous waste onsite for 180 days or less, or 270 days or less if the
generator transports the generator's own waste, or offers the generator's waste
for transportation, over a distance of 200 miles or more, for offsite
treatment, storage, or disposal, is not a storage facility if all of the
following apply:
(1) The quantity of
hazardous waste accumulated onsite never exceeds 6,000 kilograms.
(2) The generator complies with the
requirements of 40 Code of Federal Regulations section 262.34(d), (e) and
(f).
(3) The generator does not
hold acutely hazardous waste or extremely hazardous waste in an amount greater
than one kilogram for more than 90 days.
(e)
(1) A
generator may accumulate as much as 55 gallons of hazardous waste, one quart of
acutely hazardous waste (listed in section
66261.33(e) ) or
one quart of extremely hazardous waste at or near any point of generation,
without a permit or grant of interim status, without complying with subsections
(a), (b) and (c) of this section, if all of the following requirements are met
with respect to this waste:
(A) the waste is
accumulated in containers, other than tanks, at the initial accumulation point
which is at or near the area where the waste is generated and which is under
the control of the operator of the process generating the waste;
(B) the generator does not hold the waste
onsite for more than one year from the initial date of accumulation, or for
longer than the applicable accumulation period specified in subdivision (a) or
(d), whichever occurs first. For purposes of this subdivision, the applicable
accumulation period specified in subdivision (a) or (d) shall start on the date
the quantity limitation specified in paragraph 1 of subsection (e) of this
section is reached:
(C) the initial
date of waste accumulation is clearly marked and visible for inspection on each
container used for accumulation of hazardous waste;
(D) the generator complies with sections
66265.171,
66265.172, and
66265.173(a) of
this division; and
(E) the generator
complies with subsections (e)(2), (e)(3) and (f)(3) of this
section.
(2) Except as
provided in subsections (e)(2)(A) and (e)(2)(B) of this section, a process or
group of processes meeting the requirements of subsection (e)(1) of this
section, shall be subject to a single 55 gallon or one quart accumulation limit
for that process or group of processes.
(A)
If not all of the wastestreams generated by a single process or group of
processes located within the same physical area are compatible, a separate 55
gallon or one quart limit shall apply to each group of wastestreams that are
compatible.
(B) If the generator
determines that using only one 55-gallon or one-quart container to initially
accumulate specific compatible wastestreams is not practical (e.g., prevents
recycling or requires unreasonable accumulation procedures) or safe from an
environmental or worker/public health and safety standpoint, the generator may
use a separate 55-gallon or one-quart container for those specific compatible
wastestreams. The generator's determination shall be subject to review and
approval by the Department at any time.
(3) A generator who has accumulated an amount
of hazardous waste, acutely hazardous waste or extremely hazardous waste equal
to any applicable quantity limitation listed in subsection (e)(1) of this
section at or near any point of generation shall, with respect to that waste,
comply within three days with subsection (a) of this section and other
applicable provisions of this division. During the three day period the
generator shall continue to comply with subsection (e)(1) of this section.
Within the three day period, the generator shall mark the container holding the
hazardous waste with the date the applicable quantity limitation was
reached.
(f) Generators
who accumulate hazardous waste on site without a permit or grant of interim
status shall comply with the following requirements:
(1) the date upon which each period of
accumulation begins shall be clearly marked and visible for inspection on each
container and portable tank;
(2) the
date the applicable accumulation period specified in subsection (a) or (d) of
this section begins, for purposes of subsections (a) and (b) of this section,
shall be clearly marked and visible for inspection on each container and tank;
and
(3) each container and tank
used for onsite accumulation of hazardous waste shall be labeled or marked
clearly with the words, "Hazardous Waste." Additionally, all containers and
portable tanks shall be labeled with the following information:
(A) composition and physical state of the
wastes;
(B) statement or statements
which call attention to the particular hazardous properties of the waste (e.g.,
flammable, reactive, etc.);
(C)
name and address of the person producing the
waste.
(g) This
subsection takes effect on September 5, 2006. Except as provided in Health and
Safety Code section
25160.6,
subdivision (e), a generator who sends a shipment of hazardous waste to a
designated facility with the understanding that the designated facility can
accept and manage the waste and later receives that shipment back as a rejected
load or residue in accordance with the manifest discrepancy provisions of
sections 66264.72 or
66265.72 may accumulate the
returned waste onsite for 90 days or less, in accordance with the requirements
of paragraph (1) of subsection (a) of this section. Upon receipt of the
returned shipment, the generator shall:
(1)
sign Item 18c of the manifest, if the transporter returned the shipment using
the original manifest; or
(2) sign
Item 20 of the manifest, if the transporter returned the shipment using a new
manifest;
(3) submit a copy of the
signed manifest to the department within 30 days of receipt. Mail the legible
manifest copy, specifically the Designated Facility-to- Destination State
manifest copy (Page 1 of the manifest as provided in section
66262.21, subsection (d)) to:
| DTSC FACILITY MANIFESTS |
| P.O. BOX 3000, SACRAMENTO, CA |
| 95812-3000 |
(h) The generator of the rejected hazardous
waste shall label or mark the hazardous waste in a manner that indicates that
it is rejected hazardous waste and shall include the date it was received by
the generator. If the generator of the rejected hazardous waste commingles it
with other hazardous wastes, the shorter of any applicable accumulation time
limits shall apply to the commingled hazardous waste.
(i) When making the quantity determinations
for purposes of this section, a generator shall include all hazardous waste
that it has generated in any month, except for hazardous wastes that are
managed as universal wastes pursuant to the requirements of Chapter 23 of this
Division.
Notes
Note: Authority cited: Sections 25150, 25159, 25159.5, 25160.6, 25179.6 and 58012, Health and Safety Code. Reference: Sections 25123.3, 25150, 25158.1, 25159, 25159.5, 25160.6 and 58012, Health and Safety Code; and 40 Code of Federal Regulations Section 262.34.
2. Designation and amendment of subsection (a)(1)(A), new subsections (a)(1)(B)-(C) and amendment of Note filed 7-29-94; operative 8-29-94 (Register 94, No. 30).
3. Amendment of subsection (a)(1)(B)2, new subsections (a)(1)(C)-(C)ii, subsection redesignation and amendment of Note filed 10-24-94 as an emergency; operative 10-24-94 (Register 94, No. 43). A Certificate of Compliance must be transmitted to OAL by 2-20-95 or emergency language will be repealed by operation of law on the following day.
4. Amendment of subsections (a)(1)(B)2., new subsections (a)(1)(C)-(C)ii, subsection redesignation and amendment of Note refiled 2-21-95 as an emergency; operative 2-21-95 (Register 95, No. 8). A Certificate of Compliance must be transmitted to OAL by 6-21-95 or emergency language will be repealed by operation of law on the following day.
5. Editorial correction adding History 4 (Register 95, No. 10).
6. Amendment of subsection (a)(1)(B)2., new subsections (a)(1)(C)-(C)(ii), subsection relettering and amendment of Note refiled 6-19-95 as an emergency; operative 6-19-95 (Register 95, No. 25). A Certificate of Compliance must be transmitted to OAL by 10-17-95 or emergency language will be repealed by operation of law on the following day.
7. Amendment of subsection (a)(1)(B)2., new subsections (a)(1)(C)-(C)(ii), subsection relettering and amendment of Note refiled 10-16-95 as an emergency; operative 10-16-95 (Register 95, No. 42). A Certificate of Compliance must be transmitted to OAL by 2-13-96 or emergency language will be repealed by operation of law on the following day.
8. Change without regulatory effect amending subsection (a)(1)(B) filed 12-28-95 pursuant to section 100, title 1, California Code of Regulations (Register 95, No. 52).
9. Certificate of Compliance as to 10-24-94 order including amendment of subsection (a)(1)(C) and new designation of subsections (a)(1)(C)(i)-(ii) to (a)(1) (C)1.-2., transmitted to OAL 12-15-95 and filed 1-31-96 (Register 96, No. 5).
10. Change without regulatory effect amending subsections (a) and (c), repealing subsections (d)-(d)(2) and adding new sections (d)-(d)(3), and amending subsections (e)(1)(B) and (f)(2) filed 4-3-96 pursuant to section 100, title 1, California Code of Regulations (Register 96, No. 14).
11. Change without regulatory effect amending subsection (a)(1)(C) filed 2-3-97 pursuant to section 100, title 1, California Code of Regulations (Register 97, No. 6).
12. Change without regulatory effect redesignating former subsections (a)(1)(D), (a)(2) and (a)(3) as subsections (a)(2), (a)(3), and (a)(4), respectively, amending newly designated subsection (a)(4), and repealing former subsection (a)(4) filed 8-15-97 pursuant to section 100, title 1, California Code of Regulations (Register 97, No. 33).
13. Change without regulatory effect amending subsection (a)(4) filed 10-28-97 pursuant to section 100, title 1, California Code of Regulations (Register 97, No. 44).
14. Amendment of subsections (a), (c) and (d) filed 10-1-98; operative 10-31-98 (Register 98, No. 40).
15. Change without regulatory effect amending subsections (a)(1)(A)-(B) filed 8-3-2000 pursuant to section 100, title 1, California Code of Regulations (Register 2000, No. 31).
16. Change without regulatory effect amending subsection (a)(4) filed 9-11-2000 pursuant to section 100, title 1, California Code of Regulations (Register 2000, No. 37).
17. Change without regulatory effect amending subsections (a)(1)(A) and (c) filed 1-13-2005 pursuant to section 100, title 1, California Code of Regulations (Register 2005, No. 2).
18. Change without regulatory effect amending subsection (d)(2), adding subsections (g)-(h) and amending Note filed 8-24-2006 pursuant to section 100, title 1, California Code of Regulations (Register 2006, No. 34).
19. Change without regulatory effect adding subsection (i) and amending Note filed
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