(a) (1) Treated wood waste shall be maintained in a manner that prevents unauthorized access and minimizes release to the environment.

(2) Unauthorized access shall be prevented by means of visual control or a physical barrier when not under the direct control of the person responsible for the treated wood waste.

(b) The treated wood waste shall be accumulated in a manner that is protected from run-on and runoff, and placed on a surface sufficiently impervious to prevent, to the extent practical, contact with and leaching to soil or water, which may be accomplished by any one of the following:

(1) The treated wood waste may be accumulated when all the following requirements are met:

(A) The treated wood waste is elevated to prevent contact with the soil and to protect from reasonably foreseeable run-on.

(B) The treated wood waste is covered to protect from precipitation.

(C) The treated wood waste is accumulated no longer than 90 days from the date the treated wood waste is generated or received from another handler.

(2) The treated wood waste may be accumulated in containers no longer than one year from the date the treated wood waste is generated or received from another handler if the containers are all of the following:

(A) Designed, constructed, maintained, filled, its contents so limited, and closed, so that under conditions normally incidental to handling, there will be no identifiable release of treated wood waste materials or its constituents to the environment.

(B) Water-resistant if exposed to precipitation, run-on, or runoff under reasonably foreseeable conditions.

(C) Transported to a treated wood waste facility within 90 days of being filled to capacity.

(3) The treated wood waste shall be accumulated no longer than one year from the date the treated wood waste is generated or received from another handler in a structurally sound building with a water-resistant floor designed to prevent the movement of water into or out of the building.

(4) The treated wood waste may be accumulated no longer than 180 days from the date the treated wood waste is generated or received from another handler on a containment surface and all the following requirements are met:

(A) The treated wood waste does not contact soil.

(B) The treated wood waste is protected from reasonably foreseeable run-on.

(C) (i) Except as provided in clause (ii), the treated wood waste is covered to protect from precipitation.

(ii) The treated wood waste managed in accordance with this paragraph may be accumulated uncovered if the containment surface is designed and operated to contain all precipitation and the resulting water is managed in accordance with all applicable laws and regulations.

(5) The treated wood waste may be accumulated no longer than 90 days from the date the treated wood waste is generated or received from another handler in any other manner in which the treated wood waste handler can clearly demonstrate that the treated wood waste is protected from run-on and runoff, and placed on a surface sufficiently impervious to prevent, to the extent practical, contact with and leaching to soil or water.

(c) Except as provided in subdivision (d), treated wood waste shall not be accumulated for more than one year from the date of generation or the date received from another handler.

(d) A handler may accumulate treated wood waste for longer than one year from the date the treated wood waste is generated or received from another handler, if the accumulation is solely for the purpose of accumulation of quantities of treated wood waste necessary to facilitate disposal pursuant to Section 25230.11. However, the handler bears the burden of proving that the accumulation was solely for the purpose of accumulation of quantities of treated wood waste necessary to facilitate proper disposal.

(e) A person who accumulates treated wood waste shall be able to demonstrate the length of time the treated wood waste has been accumulated from the date it becomes a waste or is received.

(f) Treated wood waste generated incidental to the maintenance of a household and accumulated by the resident of the household at the site of generation is exempt from the accumulation requirements of this section if both of the following requirements are met:

(1) Treated wood waste is not physically altered except as provided in subdivisions (c) and (d) of Section 25230.10.

(2) Treated wood waste is accumulated no longer than 30 days.

(g) Treated wood waste generated incidental to the operation of a business accumulated at the site of generation for a period not to exceed 30 days is exempt from the accumulation requirements of this section if both of the following conditions are met:

(1) The treated wood waste is not physically altered except as provided in subdivisions (c) and (d) of Section 25230.10.

(2) The business accumulates no more than 1,000 pounds of treated wood waste.

(Added by Stats. 2021, Ch. 147, Sec. 2. (AB 332) Effective August 31, 2021. Conditionally repealed on or after January 1, 2030, pursuant to Section 25230.18.)