Cal. Code Regs. Tit. 22, § 66263.18 - Exempt Transfer Facility
(a)
A transfer facility, as defined in section
25123.3(a)(3)
of the Health and Safety Code, shall not be subject to the requirements of
chapters 14, 15, 18 and 20 regarding a permit for waste storage when, during
the normal course of transportation, hazardous waste is held as specified in
subsection (b), and:
(1) all manifested
shipments of packaged or containerized hazardous wastes meeting the packaging
requirements of section
66262.30 shall only be transferred
from one vehicle to another; and
(2) all packages or containers used in this
transfer shall be the same packages or containers used for transporting the
hazardous wastes and no additional handling shall take
place.
(b) Hazardous
waste is held at a transfer facility pursuant to any one of the following
conditions:
(1) if located in an area zoned
by the local planning authority for industrial or agricultural land use, and
hazardous wastes is held for 10 days or less, unless subject to subsection
(b)(2).
(2) if located in an area
zoned agricultural by the local planning authority that commenced initial
operations before January 1, 2005 and is located within 500 feet of a structure
identified in Health and Safety Code, section
25232,
subdivision (b), paragraph (1), subparagraphs (A) to (E), and hazardous waste
is held for six days or less.
(3)
if located on land zoned by the local planning authority for other land use,
unless subject to paragraph (1) and (2) of subsection (b) or not prohibited by
subsection (c) of this section, and hazardous waste is held for six days or
less.
(c) The transfer
facility exemption of this section does not apply and is prohibited as follows:
(1) if located on property zoned residential
by the local planning authority; or
(2) if located at a transfer facility that
commenced initial operations on and after January 1, 2005 and is located within
500 feet of a structure identified in Health and Safety Code section
25232,
subdivision (b), paragraph (1), subparagraphs (A) to (E).
Notes
2. Change without regulatory effect amending first paragraph filed 4-3-96 pursuant to section 100, title 1, California Code of Regulations (Register 96, No. 14).
3. Change without regulatory effect amending section heading, section and NOTE filed 8-24-2006 pursuant to section 100, title 1, California Code of Regulations (Register 2006, No. 34).
4. Change without regulatory effect amending section filed 7-12-2012 pursuant to section 100, title 1, California Code of Regulations (Register 2012, No. 28).
Note: Authority cited: Sections 25150, 25159, 25159.5 and 25168.1, Health and Safety Code. Reference: Sections 25123.3, 25159, 25159.5 and 25232, Health and Safety Code; and 40 Code of Federal Regulations Section 263.12.
2. Change without regulatory effect amending first paragraph filed 4-3-96 pursuant to section 100, title 1, California Code of Regulations (Register 96, No. 14).
3. Change without regulatory effect amending section heading, section and Note filed 8-24-2006 pursuant to section 100, title 1, California Code of Regulations (Register 2006, No. 34).
4. Change without regulatory effect amending section filed 7-12-2012 pursuant to section 100, title 1, California Code of Regulations (Register 2012, No. 28).
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