Transporters - Spills and Exempt Transfer Facilities
Hazardous Waste Discharge
If a transporter discharges or spills hazardous waste, he or she is required to take immediate action to protect human health and the environment (66263.30). "Immediate action" is not specifically defined, however, it may include containing the spill, notifying local authorities, and notifying the National Response Center as required by DOT or Superfund regulations. DOT may require a written report (see 66263.30 for specific reporting requirements). In addition, federal, state, or local authorities may require a transporter to take actions in response to a discharge or spill if the discharge is determined to present a long-term hazard to human health or the environment (66263.31). This may include authorization of a nonmanifested removal of the hazardous waste by a transporter without an EPA ID number when an immediate removal is deemed necessary to protect human health and the environment.
A transfer facility, as defined in 66260.10, is an area used to temporarily store wastes on route to a TSDF. Transfer facilities may be carrier terminals, loading docks, or other areas where waste is kept during the normal course of transportation (e.g., when drivers change shifts). Transporters may store manifested shipments of hazardous waste in containers at a transfer facility for 10 days or less without a storage permit under 66263.18.
Transfer facilities are not required to operate under storage permits when the hazardous waste is held during the normal course of transportation and the waste is manifested, kept in DOT specification containers, and stored less than 10 days. There is no specific time limit for a hazardous waste shipment to reach the designated facility. If a Large Quantity Generator (LQG) does not receive a signed copy of the manifest from the designated facility within 35 days of the date the initial transporter accepted the waste, the generator must contact the transporter and the owner or operator of the designated facility to determine the status of the waste (66262.42(a)). If a copy of the manifest is not received within 45 days of the date the waste was accepted by the initial transporter, then the LQG must submit an Exception Report to DTSC. Small quantity generators (SQGs) have reduced reporting requirements under 66262.42(c). The requirements to contact the transporter and to report the discrepancy prevent waste from being held or re-routed unnecessarily during transport.
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