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The containers can be stored onsite in loading docks or designated storage areas, but in order for an exempt transfer facility to remain eligible for the reduced transfer facility requirements, the wastes must remain in the original containers and the containers may not be opened by the exempt transfer facility. When wastes remain in the containers that they were shipped in and have not reached the final destination, the wastes continue to be subject to DOT Hazard- ous Materials Regulations. Once waste has ar- rived at its destination or is handled on site the wastes are no longer in transit nor subject to DOT's regulations but are instead subject to hazardous waste laws. 14 The phrase "no additional handling,i15 means "no mixing, pumping, altering of packaging or handling, of wastes which may lead to a dis- charge" can take place at an exempt transfer fa- cility. The containers must remain intact and cannot be opened at exempt transfer facilities. A permit is required when a facility bulks, pack- ages or containerizes hazardous wastes or han- dles wastes in any manner other than transferring a packaged or containerized waste from one vehicle to another.16 The term "dayi17 is defined in state regulations however, the phrase "normal course of trans- portation," is not. A day is defined as a calen- dar day, except that when counting days, the first partial day does not count. In addition, if the last day falls on a State holiday, Saturday or Sunday, these days do not count toward the 6 or 10 day limits. Although, the phrase "normal course of transpor- tation" is not specifically defined in state or fed- eral laws or regulations, the law requires that there are no unnecessary delays in the move- ment of shipments.1' Further, U.S. EPA letters and guidance documents interpret the phrase "normal course of transportation," to mean the progress of a waste from the point of origin to its final destination. What constitutes "normal course of transportation" depends on the par- ticular facts of each case.19 U.S. EPA made a determination that routing waste back to the same location did not constitute normal course of transportation .20 As such, moving waste be- tween two points without moving the waste closer to its final destination does not constitute "normal course of transportation." A transporter must comply with the provisions of the Vehicle Code regarding hazardous wastes and materials. Vehicles used for the transporta- tion of hazardous materials cannot be left unat- tended or parked overnight in a residential district as defined in Vehicle Code section 515.21 Further, transportation must be on interstate highways that require the least overall transit time, and avoid congested thoroughfares, places where crowds are assembled, and residential districts. Transporters that deviate from the re- quirements cannot do so on the basis of operat- ing convenience. A transporter must also operate in compliance with DOT requirements governing the transpor- tation of hazardous materials. One of the re- quirements is that in the course of transportation a vehicle containing hazardous materials (i.e. wastes) must be attended 22 by its driver and cannot be parked within five feet of the traveled portion of a public street or highway except brief periods when necessary for operations and it is impractical to park anywhere else. A vehicle is considered parked when it is stopped for a pur- pose unrelated to driving, (e.g., fueling eating, loading and unloading). Parking at fueling facili- ties to obtain fuel, oil, etc., or at a carriers termi- nal are considered necessities of operation.23 A transporter may designate a qualified represen- tative to attend to the vehicle only if the repre- sentative: • Is aware of the nature of the hazardous materials contained in the vehicle; • Has been instructed on the procedures that must be followed in an emergency and is authorized to move the vehicle and has the means and ability to do so (49 CFR section 397.5). 14 Federal Register Vol. 68 No. 210, 10/30/03 15 Cal. Code Regs., title 22, section 66263.18(b) 16 Health & Saf. Code section 25200.19 17 Cal. Code Regs., title 22, section 66260.10 18 49 CFR 177.800(d) 19 Office of Solid Waste and Emergency Response (OSWER) No. 9461.1990(02),10/30/90; OSWER No. 9461.1994(02) (8/17/94) & 45 FR86966, 12/31/80. 20 OSWER No. 9461.1990(01),6/7/90 21 Vehicle Code section 31303. 22 A motor vehicle is attended when the person in charge of the vehicle is on the vehicle, awake, and not in the sleeper berth, or is within 100 feet of the vehicle and has it within his/her unobstructed field of view (49 CFR section 397.5(d)(1) ). 23 49 CFR section 397.7