Variance TWW-2021-LG-00158 to Allow the Generation, Accumulation, and Transport of Treated Wood Waste under Alternate Procedures by APEX FENCE CO.,INC.


SCH Number
Public Agency
Department of Toxic Substances Control
Document Title
Variance TWW-2021-LG-00158 to Allow the Generation, Accumulation, and Transport of Treated Wood Waste under Alternate Procedures by APEX FENCE CO.,INC.
Document Type
NOE - Notice of Exemption
Document Description
The Department of Toxic Substances Control (DTSC) has issued a variance to APEX FENCE CO.,INC. (CAC000252244) to generate and accumulate treated wood waste on-site. The applicant may transport the treated wood waste generated on-site to an authorized handler or disposal facility. The treated wood waste is generated as a result of guardrail removal. The variance allows treated wood waste to be managed under procedures different from, but equally protective to human health and the environment to, the provisions of California Health and Safety Code (HSC) Articles 6, 6.5 and 9 of Chapter 6.5 and California Code of Regulations (CCR), Title 22, Division 4.5, Chapters 12, 13, 14, 15, 16, 18, and/or 20. Under the terms and conditions of Variance TWW-2021-LG-00158, APEX FENCE CO.,INC. will ensure the treated wood waste will be appropriately managed.

Contact Information

Rostislav Boytsan
Agency Name
Department of Toxic Substances Control
Contact Types
Lead/Public Agency


Carmel-by-the-Sea, Citrus Heights, Davis, Del Rey Oaks, Diamond Springs, Elk Grove, Folsom, Galt, Gonzales, Greenfield, Isleton, King City, Marina, Monterey, Pacific Grove, Rancho Cordova, Rancho Murieta, Sacramento, Salinas, Sand City, Seaside, Soledad, South Lake Tahoe, West Sacramento, Winters, Woodland
El Dorado, Monterey, Sacramento, Yolo
Other Information
El Dorado, Monterey, Sacramento, and Yolo counties.

Notice of Exemption

Exempt Status
Categorical Exemption
Type, Section or Code
Replacement and Reconstruction [CCR Title 14, Sec. 15302]
Reasons for Exemption
All analysis conducted included the potential extension of the variance for an additional six months. DTSC has determined none of the exceptions to the categorical exemptions apply to this project, as described in Public Resources Code Section 21084(c), (d), and (e), and 14 CCR Section 15300.2. This project consists of the replacement or reconstruction of existing structures and facilities will have substantially the same purpose and capacity as the structure replaced. The approval of this variance will ensure that this treated wood waste generated by the project will be contained from release during accumulation and storage before it can be transported to an authorized site or disposal facility.


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