The Department of Toxic Substances Control (DTSC) has is sued a variance to North Berkeley Design and Construction, Inc. 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 Fence, deck, stairway and retaining wall off cuts and waste.. 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-SG-00362, North Berkeley Design and Construction, Inc. will ensure the treated wood waste will be appropriately managed. Treated wood waste is a fully regulated California-only hazardous waste because it exhibits the hazardous waste characteristic of toxicity. From 2007 to December 31, 2020, treated wood waste was managed under alternative management standards, established in 22 CCR 67386. The legislation that authorized the alternative management standards for treated wood waste expired on December 31, 2020. Without the issuance of the variance, North Berkeley Design and Construction, Inc. would be required to register as a hazardous waste transporter with DTSC and manifest treated wood waste as a hazardous waste prior to disposal at a hazardous waste disposal facility. North Berkeley Design and Construction, Inc. is a general contractor specializing in exterior site improvements, such as fences, decks retaining walls and landscaping. Under the variance, the authorized small quantity generator may generate, accumulate, treated wood waste on-site. The generator may transport the treated wood waste generated on site to authorized handler and/or disposal facilities. Operations generally include loading and unloading operations and shipping treated wood waste along existing transportation routes. Accumulation and transport of treated wood waste includes taking appropriate precautions to prevent unauthorized access to and prevent leaching to the environment of the treated wood waste. The variance will expire on October 19, 2021 with possibility of extension for an additional six months.