OnSite/OffSite And Contiguous Properties FAQ

Definitions

The following definitions are from California Code of Regulations, title 22, section 66260.10.

Q.What is the definition of generator?

A."Generator" means any person, by site, whose act or process produces hazardous waste identified or listed in chapter 11 of division 4.5 of title 22 of the California Code of Regulations or whose act first causes hazardous waste to become subject to regulation.

Q.What is the definition of an individual generation site?

A."Individual generation site" means the contiguous site at or on which one or more hazardous wastes are generated.An individual generation site, such as a large manufacturing plant, may have one or more sources of hazardous waste but is considered a single or individual generation site if the site or property is contiguous.

Q.What is the definition of facility?

A."Facility" means all contiguous land and structures, other appurtenances, and improvements on the land used for the treatment, transfer, storage, resource recovery, disposal or recycling of hazardous waste. A hazardous waste facility may consist of one or more treatment, transfer, storage, resource recovery, disposal or recycling operational units or combinations of these units.

There is an expanded definition of "facility" for purposes of implementing corrective action under articles 6, 15.5, or 17 of chapter 14 or article 18 of chapter 15 of division 4.5 of title 22 of the California Code of Regulations.

Q. What is the definition of onsite?

A. "Onsite" means the same or geographically contiguous property which may be divided by public or private right-of-way, provided the entrance and exit between the properties is at a crossroads intersection, and access is by crossing as opposed to going along, the right-of-way. Noncontiguous properties owned by the same person but connected by a right-of-way which that person controls and to which the public does not have access, is also considered onsite property.

Q. What is the definition of offsite?

A. "Offsite" means any site which is not "onsite."

Q.What is the definition of onsite facility?

A."Onsite facility" or "onsite hazardous waste facility" means a facility:

(a) at which a hazardous waste is generated and which is owned by, leased to, or under the control of, the generator of the waste;and

(b) which is located on the same or geographically contiguous property, on which the waste is produced, which may be divided by public or private right-of-way, provided the entrance and exit between the properties is at a cross-roads intersection, and access is by crossing as opposed to going along, the right-of-way.Noncontiguous properties owned by the same person but connected by a right-of-way which the person controls and to which the public does not have access, is also considered an onsite facility.

Q.What is the definition of person?

A."Person" means an individual, trust, firm, joint stock company, business concern, corporation, including, but not limited to, a government corporation, partnership and association."Person" also includes any city, county, district, commission, the State or any department, agency or political subdivision thereof, any interstate body, and the Federal Government or any department or agency thereof to the extent permitted by law.

Q.What is the definition of site?

A."Site" means the land or water area where any facility or activity is physically located or conducted, including adjacent land used in connection with the facility or activity.

Q. What is the definition of transporter?

A."Transporter" means a person engaged in the offsite transportation of hazardous waste by air, rail, highway or water.  
 
Discussion

Q.Why are the definitions of "onsite" and "onsite facility" significant?

A.The definitions are a significant component of hazardous waste management requirements because the definitions are used to determine how and when various generator, transporter and treatment, storage and disposal facility (TSDF, hereafter "facility") requirements apply.

Q. What actions are required for a generator, transporter or facility to transport hazardous waste offsite?

A.A Uniform Hazardous Waste Manifest (form 8700-22) (manifest) is required to transport hazardous waste offsite.[Cal. Code Regs., tit. 22, § 66262.20(a)] Offsite shipments also require the use of a registered hazardous waste transporter. [Health & Saf. Code, § 25163, subd. (a)] A transporter cannot accept hazardous waste for transport unless it is accompanied by a hazardous waste manifest.[Cal. Code Regs., tit. 22, § 66263.20(a)]

Q.When can a facility receive hazardous waste from an offsite location?

A.Only a duly authorized permitted facility (a treatment, storage or disposal facility (a TSDF)) or a facility that has obtained a grant of authorization from DTSC, noted as the "Designated Facility" in Item 8 of the Uniform Hazardous Waste Manifest (form 8700-22) (manifest) can accept or receive hazardous waste from an offsite location.[Health & Saf. Code, § 25201 (with the exception of an exempt transfer facility operating under Health & Saf. Code, § 25123.2 and Cal. Code Regs., tit. 22, § 66263.18)]

Q.Do generators or facilities need a hazardous waste identification (ID) number?

A. Yes.A generator or facility shall not treat, store, dispose of, transport, or offer for transportation, hazardous waste without having received an ID number.[Cal. Code Regs., tit. 22, §§ 66262.12, subd. (a) and 66264.11]

Q.Do transporters and receiving permitted treatment, storage or disposal facilities (TSDFs) need a hazardous waste identification (ID) number?

A.Yes.A generator shall not offer hazardous waste to a transporter or to a transfer, treatment, storage or disposal facility that has not received an ID number.[Cal. Code Regs., tit. 22, §,66262.12, subd. (c)]

Q. How many hazardous waste identification (ID) numbers does a generator need?

A.Generator hazardous waste ID numbers are site/location specific.[RCRA Online Numbers 11028 (08/03/1983) and 13314 (08/18/1989)]The definition of generator is tied to both the person and the site.Where different persons (including businesses) conduct different regulated activities at one site, each person must apply for separate ID numbers. [RCRA Online Number 13129 (02/01/1988)]Under those circumstances, the address of each generator may also vary by Suite, Unit or Floor Number.

Q. How does a generator determine how many hazardous waste identification (ID) numbers are needed at a location?

A.Hazardous waste ID numbers are site/location specific.As such, a generator must determine whether their location consists of one site or more than one site.A location is onsite, and thus one site, if it is the same or geographically contiguous property which may be divided by public or private right-of-way, provided the entrance and exit between the properties is at a crossroads intersection, and access is by crossing as opposed to going along, the right-of-way. Noncontiguous properties owned by the same person but connected by a right-of-way which that person controls and to which the public does not have access, is also considered onsite property.

Q. What is contiguous property?

A. Contiguous property is a property that is one continuous plot of land or several plots of adjoining land.Contiguous means being in actual contact: touching along a boundary or at a point.(WIN/Informed RCRA Subtitle C EPA Identification Number, Site Status, and Site Tracking Guidance for Managing Data in RCRAInfo, March 21, 2005)

Q. What does a public right-of-way refer to?

A. In general, a public right-of-way refers to an area where streets and sidewalks are located and are controlled by a public entity (e.g., city, state, or federal highways).

Q. What is considered a crossroads intersection?

A. In general, a crossroads intersection refers to the point where two or more roads intersect.

Q. What types of generators may encounter onsite/offsite transportation situations where they need to determine whether a location they own/operate is considered onsite or an individual generation site?

A. Some examples are large manufacturing facilities, medical facilities, and academic campuses, such as universities and colleges.

Q.Is there any guidance to colleges and universities on the issue of determining how many hazardous waste identification (ID) numbers are necessary for a campus and when transport is considered offsite requiring the use of a manifest?

A.Yes.U.S. EPA guidance provides clarification to colleges and universities on the issues of filing for generator hazardous waste ID numbers and insight into interpreting the definition of "onsite" on a college campus:

". . .Many university campuses are divided by public roads or rights-of-way which they do not control.Metropolitan campuses are frequently constructed on a number of adjoining city blocks where the various campus buildings are separated by city streets but the buildings may be connected by tunnels or overhead walkways.Even in these cases, each generation site (i.e., each city block or each half of a campus bisected by a public road) would be a generator (or small quantity generator) and assigned its own EPA I.D. Number.

"Hazardous wastes being shipped from one campus building (i.e., generator) to another building (i.e., TSDF) where the sites are divided by a highway would need a manifest while on the highway.The one exception is when the waste is shipped directly across the road.In this case, the receiving building is considered "on-site," as defined in 40 CFR 260.10 even though both sites are required to have separate EPA I.D. numbers.(NOTE:The definition of "on-site" is intended to be used only in determining whether or not a generator should initiate a manifest.It does not define two buildings owned and/or operated by the same person but divided by a highway as one generator site).The Agency's philosophy is to identify each shipment of hazardous waste as being from a specific location.EPA needs to identify who is responsible for the waste (i.e., who created the waste, determined it to be hazardous, and is liable for its proper management).. . . "

(RCRA Online Number 12134 (09/01/1983);EPA Publication Number 530-SW-83-001l)

Based upon U.S. EPA RCRA guidance #12134, the definition of "onsite" provides only for a very limited exception from manifesting requirements.This exception applies only when hazardous waste is shipped directly across a road from one site to another.

This guidance means that "onsite" includes geographically contiguous property which may be divided by public or private right-of-way.If the public has access to the right-of-way, it is not considered a single property unless the entrance and exit between the properties is at a cross-roads intersection, and access is by crossing as opposed to going along, the right-of-way.In other words, vehicles may not carry unmanifested waste along the public right-of-way.(RCRA Online Number 13314 (08/18/1989)

University buildings separated by city blocks or divided by public roads are individual generator sites, each requiring separate hazardous waste ID numbers and manifests for the transportation of hazardous waste.However, if access between buildings is possible without the waste traveling along a public road, those portions of the university may be considered one site, and only one identification number is needed.(RCRA Online Number 11884 (11/04/1994)

Please be aware that California has not adopted the 1997 federal manifest exemption found in 40 CFR § 262.20(f) allowing for unmanifested shipments of hazardous waste along the border of contiguous properties.

Q. When can non-contiguous properties be considered "onsite" property?

A. Two non-contiguous properties connected by a right-of-way are considered to be "onsite" with respect to each other, if all of the following criteria are met:

(1) The two properties are owned by or are under the control of the same person;and

(2) The connecting right-of-way is also owned by or is under the control of the same person;and

(3) The connecting right-of-way is used to transport hazardous waste from one property to the other;and

(4) There is no public access to the connecting right-of-way.For example, the following would meet these criteria:an underground pipeline, an underground tunnel, or a securely fenced walkway or roadway.

Q. If various buildings of a generator site are connected by underground tunnels or overhead walkways which the generator does not control and to which the public has access, do they still need separate ID numbers?

A. Yes. If the buildings are separated by public roads or other rights-of-way which the generator does not control, each generation site (i.e., each city block or each half of a university campus bisected by a public road) would be a generator and assigned its own separate ID number.[RCRA Online Number 11028 (08/03/1983)]