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(D) at all times during accumulation and storage, the treatability study samples are in containers that <br />are marked clearly with the words "treatability study sample," that are in a good, nonleaking condition <br />and that are clearly labeled with all of the following information: <br />1. the composition and physical state of the material; <br />2. a statement that calls attention to the particular hazardous properties of the treatability study <br />sample; <br />3. the name and address of the generator of the treatability study sample; and <br />4. the date the treatability study sample was first placed in the containers. <br />(3) each treatability study sample may be transported only if the treatability study sample complies <br />with all of the following: <br />(A) the treatability study sample is packaged so that it will not leak, spill, or vaporize from its <br />packaging during shipment, complies with all shipping requirements of the Department of <br />Transportation, United States Postal Service, or any other applicable shipping requirements, and, at a <br />minimum, is accompanied by all of the following information: <br />1. the name, mailing address, telephone number, and Environmental Protection Agency identification <br />number, if available, of the generator of the treatability study sample or the agent of the generator. <br />2. The name, address, telephone number, and EPA number, if available, of the facility that will <br />perform the treatability study. <br />3. The quantity of the treatability study sample. <br />40 4. The date of shipment. <br />5. A description of the treatability study sample, including its California waste code. <br />(B) The treatability study sample is shipped to a laboratory or testing facility which has a hazardous <br />waste facilities permit issued pursuant to Health and Safety Code section 25200, is exempt from state <br />hazardous waste facilities permitting requirements pursuant to subsection (f) of section 66261.4 of <br />this title or, if located in another state, is authorized by that state or the Environmental Protection <br />Agency to conduct treatability studies or is exempted pursuant to subsection (f) of Section 261.4 of <br />Title 40 of the Code of Federal Regulations. <br />(4) A generator or the agent of the generator exempt pursuant to this section shall maintain the <br />following records for three years after completion of the treatability study and shall, if requested by <br />the department before the end of three years, retain the records for up to an additional five years: <br />(A) Copies of shipping documents. <br />(B) A copy of the contract with the facility conducting the treatability study. <br />(C) Documentation showing the amount of waste shipped, the name and address of the laboratory or <br />testing facility that received the waste, the date the shipment was made, and the final disposition of <br />unused portions of samples and residues. <br />(5) The department may grant an application, on a case-by-case basis, following the submittal of <br />information pursuant to subdivision (e)(6) for an exemption for treatability study samples that exceed <br />the quantity limits specified in subdivision (e)(2)(A), for up to an additional 500 kg of hazardous waste <br />that is not extremely hazardous waste, 1 kg of extremely hazardous waste, and 250 kg of soil, water, <br />or debris contaminated with extremely hazardous waste, to conduct a further treatability study <br />isevaluation, if the department finds that the exemption is necessary based on any of the following: <br />RECEIVED <br />AUG 0 5 2014 <br />