Variance TWW-2021-LG-00470 to Allow the Generation, Accumulation, and Transport of Treated Wood Waste under Alternate Procedures by San Rafael Yacht Harbor


SCH Number
Public Agency
Department of Toxic Substances Control
Document Title
Variance TWW-2021-LG-00470 to Allow the Generation, Accumulation, and Transport of Treated Wood Waste under Alternate Procedures by San Rafael Yacht Harbor
Document Type
NOE - Notice of Exemption
Document Description
The Department of Toxic Substances Control (DTSC) has issued a variance to San Rafael Yacht Harbor (CAL000190510) 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 random wood debris that floats into San Rafael Harbor that is collected for disposal and subcontracted removal and construction of piers, docks, moorings, etc.. 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-00470, San Rafael Yacht Harbor 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, San Rafael Yacht Harbor 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. San Rafael Yacht Harbor is a yacht harbor and subcontractor for dock repairs and small construction projects that previously conducted treated wood waste management activities under the now expired alternative management standards established at 22 CCR 67386. Under the variance, the authorized large 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 November 9, 2021 with possibility of extension for an additional six months.

Contact Information

Kahui Lim
Agency Name
Department of Toxic Substances Control
Contact Types
Lead/Public Agency


Alameda, Contra Costa, Marin, San Francisco, Solano
San Francisco Bay Area
Other Location Info
557 East Francisco Blvd., San Rafael, CA 94901

Notice of Exemption

Exempt Status
Categorical Exemption
Type, Section or Code
CCR Title 14, Sec. 15301
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 accumulation and storage of the treated wood waste is consistent with the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structure, involving negligible or no expansion of existing or former use.


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