§ 67450.46. Transportation Requirements.

(a) Wastes may be transported to the SHWCCAF from contributing schools without use of a hazardous waste manifest or registered hazardous waste transporter only as provided in subsections (a)(1) or (a)(2). Transportation of hazardous waste from contributing schools to the SHWCCAF not done in accordance with subsections (a)(1) or (a)(2) is subject to all applicable hazardous waste transportation requirements.

(1) Wastes are transported in accordance with Health and Safety Code section 25163(c) and all of the following conditions are met:

(A) The contributing school is the waste generator and generates not more than 100 kilograms of hazardous waste in any month;

(B) The contributing school transporting the waste does not accumulate more than a total of 1,000 kilograms of hazardous waste onsite at any one time;

(C) The total volume of hazardous waste transported does not exceed five gallons or the total weight does not exceed 50 pounds;

(D) The hazardous wastes are transported in closed containers and packed in a manner that prevents the containers from tipping, spilling, or breaking during the transporting;

(E) Different hazardous waste materials are not mixed within a container during the transporting (except wastes lab packed prior to transport in accordance with the requirements of section 66264.316 and the physical properties of the wastes);

(F) If the hazardous waste is extremely hazardous waste or acutely hazardous waste, the extremely hazardous waste or acutely hazardous waste was not generated in the course of any business, and is not more than 2.2 pounds.

(2) Wastes are transported in a manner that all of the following conditions are met:

(A) The hazardous waste is a non-RCRA hazardous waste, or the hazardous waste or its transportation is otherwise exempt from, or is not otherwise regulated pursuant to the federal act.

(B) The hazardous waste is transported by trained employees of the contributing school generating the waste, by trained contractors under the control of the contributing school, or by trained employees of the owner or operator of the SHWCCAF, in vehicles which are owned or operated by the contributing school or the owner or operator of the SHWCCAF, or by registered hazardous waste transporters. The contributing school shall assume liability for a spill of hazardous waste being transported under this subsection by the contributing school, or a contractor of the contributing school in a vehicle owned or operated by the contributing school. The owner or operator of the SHWCCAF shall assume liability for a spill of hazardous waste being transported under this subsection by an employee or contractor of the SHWCCAF owner or operator in a vehicle owned or operated by the SHWCCAF owner or operator. Nothing in this subsection bars any agreement to insure, hold harmless, or indemnify a party to the agreement for any liability under this section or otherwise bars any cause of action a generator would otherwise have against any other party.

(C) The hazardous waste is not held at any interim location, other than the SHWCCAF, for more than eight hours, unless that holding is required by other provisions of law.

(D) Not more than 135 gallons or 1,100 pounds, whichever is greater, of hazardous waste is transported in any shipment.

(E) A shipping paper containing all of the following information accompanies the hazardous waste while in transport.

1. A list of the hazardous waste being transported.

2. The type and number of containers being used to transport each type of hazardous waste.

3. The quantity, by weight or volume, of each type of hazardous waste being transported.

4. The physical state, such as solid, powder, liquid, semi-solid, or gas, of each type of hazardous waste being transported.

5. The name, location, and EPA Identification Number, if applicable, of the contributing school where the hazardous waste was generated.

6. The name and signature of the contributing school representative offering the waste for transport to the SHWCCAF.

7. The name and signature of the individual(s) who transport the hazardous waste from the contributing school to the SHWCCAF.

8. The date that the hazardous waste leaves the contributing schools and the date that the hazardous waste arrives at the SHWCCAF.

9. The name, address, telephone number, and EPA Identification Number of the SHWCCAF to which the hazardous waste is being transported.

10. The name, telephone number, and pager number if available, of an emergency response contact, for use in the event of a spill or other release.

11. The name and signature of the personnel designated by the SHWCCAF owner or operator who accepts the waste at the SHWCCAF.

(F) All shipments of hazardous waste conform with all applicable requirements of the United States Department of Transportation for hazardous materials shipments.

(b) The owner or operator of the SHWCCAF shall keep records in accordance with section 67450.45, including the shipping papers required pursuant to subsection (a)(2)(E) of this section, of all wastes transported to the SHWCCAF from contributing schools and all wastes transported from the SHWCCAF. The records for wastes transported to and from the SHWCCAF for the last three years shall be kept onsite at the SHWCCAF and be available for immediate inspection by the Department, the CUPA or authorized agency, or other federal or local agency with jurisdiction over the transport of hazardous wastes. The records retention period is automatically extended during the course of any pending enforcement action regarding the regulated activity or as requested by the Department, CUPA, or authorized agency.

(c) All hazardous wastes transported from the SHWCCAF shall be managed and transported as follows:

(1) Managed in accordance with the pre-transport requirements established in sections 66262.30 (Packaging), 66262.31 (Labeling), 66262.32 (Marking), and 66262.33 (Placarding); and

(2) Transported in accordance with sections 66262.20 through 66262.23 (Manifest), using a hazardous waste manifest and registered hazardous waste transporter, as applicable, only to an authorized treatment, storage, or disposal facility.

HISTORY

1. New section filed 1-30-2002; operative 1-30-2002 pursuant to Government Code section 11343.4 (Register 2002, No. 5).

Note

Note: Authority cited: Sections 25150, 25150.6 and 25161 Health and Safety Code. Reference: Sections 25150, 25150.6, 25160 and 25163, Health and Safety Code.