1. (a) The provisions of this section apply to the transporter of a hazardous waste of concern, as defined in section 66261.111(a).

2. (b) Upon discovering that a hazardous waste of concern is missing during transportation of that waste, and the waste at issue represents a reportable quantity or a reportable difference in type, as specified in section 66261.111(b) and (c), the transporter shall immediately attempt to reconcile the reportable quantity or difference with the generator (e.g., with telephone conversations). If the reportable quantity or difference is not reconciled within 24 hours after it was discovered, the transporter shall immediately notify the Department by calling 1-800-69-TOXIC (1-800-698-6942) and provide the following information:

   1. (1) Generator name and identification number;
   2. (2) Transporter(s) name(s), identification number(s), and, if available, transporter(s) registration number(s);
   3. (3) Destination facility name and identification number;
   4. (4) Manifest number;

   5. (5) Waste information (lines 11, 12, 13, and 14 of the manifest), including proper shipping name, hazard class or division, identification number, packing group, number of containers, container type (as listed in Table I of EPA Forms 8700-22 and 8700-22A), quantity or volume of waste at issue, weight or volume units, and waste codes.

      For shipments initiated on and after September 5, 2006, waste information (Items 9b, 10, 11, 12, and 13 of the manifest), including proper shipping name, hazard class or division, identification number, packing group, number of containers, container type (found in the manifest Instructions of EPA Forms 8700-22 and 8700-22A), quantity or volume of waste at issue, weight or volume units, and waste codes; and

   6. (6) Potential locations or transportation routes where the hazardous waste of concern may have become missing (e.g., on highway or roads, rail line, transfer station, truck stop, etc.).

3. (c) If the reportable quantity or difference is not reconciled within 24 hours after it was discovered, in addition to complying with subsection (b), within 5 days after the reportable quantity or difference was discovered, the transporter shall submit to the Department a letter describing the reportable quantity or difference and attempts to reconcile it, and a copy of the manifest.

   1. (1) If the hazardous waste generator where the shipment originated is located in the counties of Los Angeles, Ventura, Santa Barbara, San Bernardino, Orange, Riverside, San Diego, or Imperial, the transporter shall submit the letter to the Complaint Coordinator, Department of Toxic Substances Control, Statewide Compliance Division, Chatsworth Regional Office, 9211 Oakdale Avenue, Chatsworth, CA 91311-6505.
   2. (2) If the hazardous waste generator where the shipment originated is located in any other county, or outside California, the transporter shall submit the letter to the Complaint Coordinator, Department of Toxic Substances Control, Statewide Compliance Division, Northern California Branch, 8800 Cal Center Drive, Sacramento, California 95826-3200.
4. (d) This section shall not be interpreted or applied to require that any written report required to be made pursuant to 49 Code of Federal Regulations section 171.16 (as revised October 1, 2002) also be made, copied, or delivered by the transporter to the Department.

Note: Authority cited: Sections 25169.6, 25169.7 and 25169.8, Health and Safety Code. Reference: Sections 25169.5, 25169.6, 25169.7 and 25169.8, Health and Safety Code; and 40 Code of Federal Regulations Section 262.20.

History

1. New section filed 7-10-2003 as an emergency; operative 7-10-2003 (Register 2003, No. 28). Pursuant to Health and Safety Code section 25169.8, this is a deemed emergency and stays effective until revised by the agency.

2. Change without regulatory effect amending subsection (b)(5) filed 8-24-2006 pursuant to section 100, title 1, California Code of Regulations (Register 2006, No. 34).

3. Change without regulatory effect amending subsection (c)(1) filed 11-21-2011 pursuant to section 100, title 1, California Code of Regulations (Register 2011, No. 47).

4. Change without regulatory effect amending subsection (b)(5) and Note filed 7-14-2022 pursuant to section 100, title 1, California Code of Regulations (Register 2022, No. 28).