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Treated Wood Waste Variances

A stack of treated wood lumber

As of February 16, 2021, DTSC has invited interested parties to apply for a variance from certain provisions of law relating to the management of treated wood waste. The variances DTSC issues will reimpose conditions similar to the streamlined management requirements that existed previously. In advance of activating the online variance application system, DTSC has released the application questions so prospective applicants can start gathering the information necessary to apply.

Applicants can apply for one of six variances types and each type will have its own set of questions. A description of each variance type is found below followed by a link to a list of the questions that you will need to answer.

Note: Homeowners that hire a contractor to work on their home (e.g., fence repair or deck replacement, etc.) will not require a TWW variance provided that the contractor transports the TWW for disposal.

Steps

Step 1 Determine if you require a variance, and what type of variance

Step 2 Review the variance language

Step 3 Prepare to complete the application

Step 4 Complete the online application

Step 5 Make payment and return a signed copy of the application

Step 6 Variance application decision

Step 1: Determine if you require a variance, and what type of variance.

Note: Residents that hire a contractor to work on their home (e.g., fence repair or deck replacement) do not require a TWW variance provided that the contractor transports the TWW for disposal. Residents can transport up to 50 pounds of TWW to a household hazardous waste facility, but other forms of transport will require that you obtain a variance or follow hazardous waste transportation rules. The contractor that transports TWW from a residential property will require a TWW variance or must follow hazardous waste transportation rules (e.g., register as a hazardous waste transporter and use a hazardous waste manifest).

Applicants can apply to DTSC for one of the following five types of variances:

  1. Small quantity generator, self-transporter
    • This type of variance is for applicants who generate up to 10,000 lbs. of treated wood per calendar year. This variance allows the holder to accumulate and transport their own TWW in a manner consistent with the previously approved alternative management standards. DTSC expects this type of variance to apply to small businesses that generate limited quantities of TWW.

  1. Large quantity generator, self-transporter
    • This type of variance is for applicants who anticipate generating more than 10,000 lbs. of treated wood per calendar year. This variance will authorize the holder to accumulate and transport their own TWW in a manner consistent with the previously approved alternative management standards. To apply for this type of variance you must have a State or Federal Environmental Protection Agency (EPA) ID number. DTSC expects this type of variance to apply to large businesses and others that generated significant quantities of TWW.

  1. Transporter
    • This type of variance is for applicants who transport treated wood directly from the generator to the disposal facility. The transporter must not have a fixed location where they accumulate or consolidate the waste. This variance will authorize the transporter to transport TWW without registering as a hazardous waste transporter, or using hazardous waste manifest. DTSC expects this type of variance to commonly apply to contractors that perform residential work that generates TWW and other firms engaged specifically in waste hauling and transportation.

  1. Handler and transporter
    • This type of variance is for applicants who transport TWW on behalf of others and those who accumulate and consolidate hazardous waste from multiple sources. This variance applies to those whose business is the management of TWW. This variance will authorize the holder to handle TWW in a manner consistent with the previously approved alternative management standards. DTSC expects this type of variance to commonly apply to transfer stations.

  1. Disposal Facility
    • This type of variance is for land disposal facilities. This variance will authorize the holder to accept and dispose of TWW in a manner consistent with the previously approved alternative management standards. DTSC expects this type of variance to apply to landfills that were accepting TWW prior to January 1, 2021.

  1. Emergency Response
    • This type of variance is for those who are engaged in responding to a declared emergency. For example, this type of variance would apply to contractors involved in wildfire debris removal activities. This variance will authorize the holder to accept and transport TWW in a manner consistent with the previously approved alternative management standards.

Step 2: Review the variance language

Read the sample variance documents and confirm that you are willing to abide by the conditions of the variance (Note: the actual variance that you receive may contain site specific conditions).

The following table contains the reimbursement payment amount for each type of variance. For some categories of variance, the reimbursement payment will depend on the number of physical locations (addresses) to be covered by the variance (maximum of ten locations per variance application). Supporting information regarding the derivation of this reimbursement payment schedule is available from DTSC upon request.  Note: the email you receive from TWW_Variances@dtsc.ca.gov after completing Step 4 will contain the calculated reimbursement amount.

Use the scroll bar located at the bottom of the table to view all the data by scrolling right and left.

Variance TypeDevelopment ChargeCost Per LocationNo Set Location

1

2

3

4

5

6

7

8

9

10

SG

214.83

756.7

n/a

971.53

1728.23

2484.93

3241.63

3998.33

4755.03

5511.73

6268.43

7025.13

7781.83

LG

214.83

797.31

n/a

1012.14

1809.45

2606.76

3404.07

4201.38

4998.69

5796

6593.31

7390.62

8187.93

TR

214.83

570.78

785.61

n/a

n/a

n/a

n/a

n/a

n/a

n/a

n/a

n/a

n/a

HT

214.83

757.65

n/a

972.48

1730.13

2487.78

3245.43

4003.08

4760.73

5518.38

6276.03

7033.68

7791.33

DF

214.83

1655.29

n/a

1870.12

n/a

n/a

n/a

n/a

n/a

n/a

n/a

n/a

n/a

ER

214.83

1438.78

n/a

1653.61

n/a

n/a

n/a

n/a

n/a

n/a

n/a

n/a

n/a

Step 3: Prepare to complete the application

Review the variance application questions and gather the required information.

Because this application cannot be saved prior to submittal, please review the variance application questions prior to starting so that the application can be completed in one sitting.

Step 4: Complete the online application

Complete the Online Variance Application. After submitting your application, look out for an email from DTSC confirming that the application was submitted. It is important to realize that DTSC will not begin processing your application until you complete Step 5.

Step 5: Make payment and return a signed copy of the application

Once you receive a copy of the application responses by email, you must review your responses for accuracy and then sign the application. You should also pay the reimbursement payment amount identified in the email. You must then email back a signed copy of the application and proof of payment to DTSC at the following email address: TWW_Variances@dtsc.ca.gov.

DTSC’s payments website (https://dtsc.ca.gov/make-a-payment/) includes several different payment options. DTSC will not begin processing your application until we have confirmed receipt of payment. DTSC encourages electronic payments to minimize delays in reviewing your TWW variance application. If making a Credit Card payment, use the “Other DTSC Payments” link and variance ID number as the invoice number. If making a payment by check, include the variance ID number in the memo block.

Step 6: Variance application decision

Once your application has been reviewed, you will be notified by email if your application for a variance has been approved. DTSC may also contact you if we need additional information, or if your application is denied.