§ 67386.6. Accumulation.

(a) TWW shall be maintained in a manner that prevents unauthorized access and minimizes release to the environment.

(1) Unauthorized access shall be prevented by means of visual control or a physical barrier when not under the direct control of the person responsible for the TWW.

(2) The TWW shall be accumulated in a manner that is protected from run-on and run-off, and placed on a surface sufficiently impervious to prevent, to the extent practical, contact with and leaching to soil or water, which may be accomplished by one of the following:

(A) Block and Tarp:

The TWW may be accumulated when all the following requirements are met;

1. TWW is elevated to prevent contact with the soil and to protect from reasonably foreseeable run-on;

2. TWW is covered to protect from precipitation; and

3. TWW is accumulated no longer than 90 days from the date the TWW is generated or received from another handler.

(B) Containerize:

The TWW may be accumulated in containers no longer than one year from the date the TWW is generated or received from another handler. The containers shall be;

1. designed, constructed, maintained, filled, its contents so limited, and closed, so that under conditions normally incidental to handling, there will be no identifiable release of TWW materials or its constituents to the environment;

2. water-resistant if exposed to precipitation, run-on or run-off under reasonably foreseeable conditions; and

3. transported to a TWW facility within 90 days of being filled to capacity.

(C) Storage Building:

The TWW shall be accumulated no longer than one year from the date the TWW is generated or received from another handler in a structurally sound building with a water-resistant floor designed to prevent the movement of water into or out of the building.

(D) Containment Pad:

The TWW may be accumulated no longer than 180 days from the date the TWW is generated or received from another handler on a containment surface and all the following requirements are met;

1. TWW does not contact soil;

2. TWW is protected from reasonably foreseeable run-on;

3. TWW is covered to protect from precipitation; and

4. TWW managed in accordance with this subsection may be accumulated uncovered if the containment surface is designed and operated to contain all precipitation and the resulting water is managed in accordance with all applicable laws and regulations.

(E) Other:

The TWW may be accumulated no longer than 90 days from the date the TWW is generated or received from another handler in any other manner in which the TWW handler can clearly demonstrate that the TWW is protected from run-on and run-off, and placed on a surface sufficiently impervious to prevent, to the extent practical, contact with and leaching to soil or water.

(b) Except as provided in subsection (c), in no case shall TWW be accumulated for more than one year from the date of generation or the date received from another handler.

(c) A handler may accumulate TWW for longer than one year from the date the TWW is generated or received from another handler, if the accumulation is solely for the purpose of accumulation of quantities of TWW necessary to facilitate disposal pursuant to section 67386.11. However, the handler bears the burden of proving that the accumulation was solely for the purpose of accumulation of quantities of TWW necessary to facilitate proper disposal.

(d) A person who accumulates TWW shall be able to demonstrate the length of time the TWW has been accumulated from the date it becomes a waste or is received.

(e) TWW generated incidental to the maintenance of a household and accumulated by the resident of the household at the site of generation is exempt from the accumulation requirements of this section if all of the following requirements are met;

(1) TWW is not physically altered except as provided in section 67386.10; and

(2) TWW is accumulated no longer than thirty (30) days.

(f) TWW generated incidental to the operation of a business accumulated at the site of generation for a period not to exceed thirty (30) days is exempt from the accumulation requirements of this section if:

(1) TWW is not physically altered except as provided in section 67386.10; and

(2) the business accumulates no more than 1,000 pounds of TWW.

HISTORY

1. New section filed 6-18-2007; operative 7-1-2007 pursuant to Government Code section 11343.4 (Register 2007, No. 25).

2. Amendment of subsections (a)(2)(B)1.-2. and new subsection (a)(2)(B)3. filed 10-3-2007; operative 11-2-2007 (Register 2007, No. 40).

Note

Note: Authority cited: Sections 25150, 25150.7 and 58012, Health and Safety Code. Reference: Sections 25150.7 and 25150.8, Health and Safety Code.