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A RCRA or Standardized Permitted Facility may operate an exempt transfer facility for wastes that it is not the "designated facility" on the mani- fest and requires further transportation to the designated facility. If the wastes arrive at a TSDF which is not the designated TSDF on the manifest, the TSDF is subject to the restrictions applicable to exempt transfer facilities. As such, the TSDF cannot exceed the 10 -day holding period and the wastes must remain in and be stored in containers meeting the applica- ble DOT requirements on packaging,28 the con- tainers cannot be opened for sampling, transferring or bulking and the wastes must re- main in the areas of the facility that are related to the transportation of hazardous wastes. If a transfer facility whether permitted or exempt does not comply with the applicable conditions, it is in violation of the requirements and subject to enforcement. Siting Considerations for Transfer Facilities Legislation in 200429 placed additional restric- tions on the location of transfer facilities, whether permitted or exempt. The exemption provided to transfer facilities in Health and Safety Code section 25123.3(b) is dependent on a facility not meeting the definition of a storage facility. If a facility meets the definition of a stor- age facility, then the facility is not eligible for the exemption and cannot operate as an exempt transfer facility. An exempt transfer facility may not be operated in an area zoned for residential land use be- cause operation in a residential zone would de- fine the transfer facility as a storage facility, which would require a State or Federal permit.3o In addition, RCRA and State permitting require- ments require that authorization of a facility be consistent with the land use designated by the local municipality. Transfer facilities beginning initial operations on or after January 1, 2005 must be located a minimum of 500 feet away from a structure that is used for special uses31 such as schools, day care centers for children, human hospitals, and permanently occupied human habitations includ- ing mobile homes installed for the use as per- manently occupied human habitation. In addition, if these facilities are located in an area zoned agricultural they are restricted to holding wastes for 6 days or less .32 Transporters begin- ning initial operations on or after January 1, 2005 who intend to operate an exempt transfer facility must comply with this restriction. Exempt Transfer facilities operating in areas zoned commercial or another land use cannot hold wastes on site for longer than 6 days33or 10 days in areas zoned industrial or agricultural.34 The holding period of wastes at exempt transfer facilities is restricted by law to 6 days or less at transfer facilities that began operations prior to January 1, 2005, that are located in areas zoned agricultural, and that are within 500 feet of a structure that is used for special uses .35 Failure to comply with any of these provisions is subject to enforcement. For More Information For more information related to the transporta- tion of hazardous wastes contact DTSC's Transportation Section at (916) 255-4368. For information related to handling and permit- ting requirements contact DTSC's Permit Pro- gram Development Section at (916) 322-0584. For all other information please contact the DTSC office nearest you, or call the Regional Public and Business Liaisons at (800) 72TOXIC (1-800-728-6942). The text of the regulations and related informa- tion is available on DTSC's website at www.dtsc.ca.gov and in www.leginfo.ca.gov/calaw.html under Health and Safety Code, Division 20 Chapter 6.5, Article and www.calregs.com/ under Title 22, Division 4.5. 28 49 CFR parts 173, 178 and 179 29 Assembly Bill 2251 (Lowenthal), 2004 30 Health & Saf. Code sections 25123.3(a)(3) & 25123(b)(3)(A)(i) 31 Health & Saf. Code section 25123.2(a)(3) 32 Health & Saf. Code section 25123.3(a)(3) & 25123.3(b)(3)(A)(v) 33 Health & Saf. Code section 25123.3(x)(3) & 25123.3(b)(3)(A)(iii) 34 Health & Saf. Code section 25123.3(a)(3) & 25123.3(b)(3)(A)(iv) 35 Health & Saf. Code sections 25123.3(a)(3) & 25123.3(b)(3)(A)(v)