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(e) TWW, generated by a household, while being self-transported to an approved TWW facility is exempt <br />from the labeling requirements of this section if the TWW is identified to the TWW facility as TWW. <br /> <br />Note: Authority cited: Sections 25150, 25150.7, and 58012, Health and Safety Code. Reference: Sections 25150.7 <br />and 25150.8, Health and Safety Code. <br />HISTORY <br />1. New section filed 6-18-2007; operative 7-1-2007 pursuant to <br />GovernmentCode section 11343.4 (Register 2007, No. 25). <br />2. Amendment of subsection (e) filed 10-3-2007; operative 11-2-2007 (Register <br />2007, No. 40). <br />§ 67386.6. Accumulation <br /> (a) TWW shall be maintained in a manner that prevents unauthorized access and minimizes release to the <br />environment. <br />(1) Unauthorized access shall be prevented by means of visual control or <br /> physical barrier when not under the direct control of the person responsible for the <br /> TWW. <br />(2) The TWW shall be accumulated in a manner that is protected from run-on and run-off, and placed on a <br />surface sufficiently impervious to prevent, to the extent practical, contact with and leaching to soil or water, which may <br />be accomplished by one of the following: <br /> (A) Block and Tarp: <br /> The TWW may be accumulated when all the following requirements are met; <br /> 1. TWW is elevated to prevent contact with the soil and to protect from reasonably foreseeable run-on; <br /> 2. TWW is covered to protect from precipitation; and <br /> 3. TWW is accumulated no longer than 90 days from the date the TWW is generated or received from <br />another handler. <br /> (B) Containerize: <br />The TWW may be accumulated in containers no longer than one year from the date the TWW is generated or <br />received from another handler. The containers shall be; <br /> 1. designed, constructed, maintained, filled, its contents so limited, and closed, so that under conditions <br />normally incidental to handling, there will be no identifiable release of TWW materials or its constituents to the <br />environment; and <br /> 2. water-resistant if exposed to precipitation, run-on or run-off under reasonably foreseeable conditions. <br /> 3. transported to a TWW facility within 90 days of being filled to capacity. <br /> (C) Storage Building: <br />The TWW shall be accumulated no longer than one year from the date the TWW is generated or received from <br />another handler in a structurally sound building with a water-resistant floor designed to prevent the movement of <br />water into or out of the building. <br /> (D) Containment Pad: <br />The TWW may be accumulated no longer than 180 days from the date the TWW is generated or received from <br />another handler on a containment surface and all the following requirements are met; <br /> 1. TWW does not contact soil; <br /> 2. TWW is protected from reasonably foreseeable run-on; <br /> 3. TWW is covered to protect from precipitation; and <br /> 4. TWW managed in accordance with this subsection may be accumulated uncovered if the containment <br />surface is designed and operated to contain all precipitation and the resulting water is managed in accordance with <br />all applicable laws and regulations. <br /> (E) Other: <br />The TWW may be accumulated no longer than 90 days from the date the TWW is generated or received from <br />another handler in any other manner in which the TWW handler can clearly demonstrate that the TWW is protected <br />from run-on and run-off, and placed on a surface sufficiently impervious to prevent, to the extent practical, contact <br />with and leaching to soil or water. <br /> (b) Except as provided in subsection (c), in no case shall TWW be accumulated for more than one year from <br />the date of generation or the date received from another handler. <br /> (c) A handler may accumulate TWW for longer than one year from the date the TWW is generated or <br />received from another handler, if the accumulation is solely for the purpose of accumulation of quantities of TWW <br />necessary to facilitate disposal pursuant to section 67386.11. However, the handler bears the burden of proving that <br />the accumulation was solely for the purpose of accumulation of quantities of TWW necessary to facilitate proper <br />disposal. <br /> (d) A person who accumulates TWW shall be able to demonstrate the length of time the TWW has been <br />accumulated from the date it becomes a waste or is received. <br /> (e) TWW generated incidental to the maintenance of a household and accumulated by the resident of the <br />household at the site of generation is exempt from the accumulation requirements of this section if all of the following <br />requirements are met; <br /> (1) TWW is not physically altered except as provided in section 67386.10; and <br />Ch. 34--1 <br />Unofficial Title 22 © 2005 State of California, all rights reserved. May not be commercially reproduced or sold.6/9/08