On this page:

• What is an Emergency Permit?
• When is an Emergency Permit Required and Not Required?
• How is an Emergency Permit Requested?
• Emergency Permits Issued

What is an Emergency Permit?

DTSC may issue a temporary emergency permit to allow the management of hazardous waste where there may be an imminent and substantial endangerment to human health or the environment. A temporary emergency permit may be issued:

1. to an otherwise non-permitted facility, including but not limited to, a facility operating pursuant to interim status or a variance, etc., to allow transfer, treatment, storage, or disposal of hazardous waste; or
2. to a permitted facility to allow transfer, treatment, storage, or disposal of a hazardous waste not covered by an effective permit.

Emergency permits cannot exceed 90 days and are issued on a case-by-case basis. Depending on the situation, DTSC can issue an emergency permit orally. An emergency permit issued orally will be followed by a written permit within 5 days.

There are no fees required to request or conduct activities under an emergency permit. Emergency permit determinations must comply with the California Environmental Quality Act (CEQA). Generally, a Notice of Exemption from CEQA is needed and will be prepared and filed by DTSC. DTSC must also publish a public notice of the issuance of the emergency permit in a newspaper local to the affected area.

When is an Emergency Permit Required and Not Required?

I. Emergency Permit Not Required

Under CCR Title 22, Section 66270.1(c)(3)(A), a person is not required to obtain a permit for treatment or containment activities which are necessary to perform an immediate response to any of the following situations:

1. a discharge of a hazardous waste;
2. an imminent and substantial threat of a discharge of hazardous waste;
3. a discharge of a material which, when discharged, becomes a hazardous waste.

Examples of Situations When an Emergency Permit is NOT Needed

In these situations, there is enough evidence that persons or the environment may be harmed if IMMEDIATE actions are not taken to manage the hazardous waste.

II. Emergency Permit is Required

If an immediate response is not necessary, DTSC should be consulted as to how to proceed and to examine whether the issuance of an emergency permit is appropriate.

Examples of Situations when an Emergency Permit should be requested

How is an Emergency Permit Requested?

Submit a completed Emergency Permit Application using the guidelines in the Emergency Permit Application Requirements. Additional information may be requested as necessary. Emergency permit requests can be submitted to: emer_permit@dtsc.ca.gov.

For more information or if you have questions, please e-mail: emer_permit@dtsc.ca.gov.

What Information Needs to be Provided to DTSC After an Emergency Permit is Issued?

A final report is required when hazardous waste is managed under an emergency permit. The report should include:

• A brief summary of the actions taken
• Certification that the area has been cleared of all residual hazardous waste generated from this emergency and all generated waste has been properly managed.

The final report and the Emergency Permit Application must contain the following certification:

“I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations.” 

Emergency Permits Issued

The following emergency permits were issued within the last three years. Additional emergency permit records are available by request. Records for each Emergency Permit issued are available to review at the file room below or by email to: emer_permit@dtsc.ca.gov

DTSC Sacramento Regional Office
8800 Cal Center Drive
Sacramento, California 95826
(916) 255-3758, call for an appointment