Variance TWW-2021-HT-00595 to Allow the Transport and Accumulation of Treated Wood Waste under Alternate Procedures by Shook & Waller Construction, Inc.


SCH Number
Public Agency
Department of Toxic Substances Control
Document Title
Variance TWW-2021-HT-00595 to Allow the Transport and Accumulation of Treated Wood Waste under Alternate Procedures by Shook & Waller Construction, Inc.
Document Type
NOE - Notice of Exemption
Document Description
The Department of Toxic Substances Control (DTSC) has issued a variance to Shook & Waller Construction, Inc. to accumulate and transport treated wood waste to an authorized handler or disposal facility. The treated wood waste is generated as a result of general contractor offcuts 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-HT-00595, Shook & Waller 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, Shook & Waller 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. Shook & Waller Construction, Inc. is a general building contractor 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 handler-transporter may collect, accumulate, and transport treated wood waste from generators, transporters, and/or handlers to authorized handler and/or disposal facilities. Operations generally include loading and unloading operations and shipping treated wood waste along existing transportation routes. Accumulation 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 December 27, 2021 with possibility of extension for an additional six months.

Contact Information

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


Northern California
Other Location Info
340 Standard Ave., Windsor, CA 95492

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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