HMR 4.15 - CSP DECLARATION OF EMERGENCY, TEMPORARY, OR ALTERNATE HAZARDOUS MATERIALS ROUTES
Under section 42-20-301 (1) (a), CRS, the CSP has the sole authority to designate which public roads are permitted to be used by motor vehicles transporting hazardous materials and which are not. Included in this authority is the ability to apply conditions to the use of hazardous materials routes consistent with the scope of authority provided to the CSP through section 42-20-301, CRS.
HMR 4.15.1 ROUTING IN RESPONSE TO EMERGENCY DECLARATION. In the event of a declaration of emergency, the Chief may determine a temporary alternate hazardous materials transportation route or routes which then may remain in effect for a period not to exceed the duration of the declared emergency.
HMR 4.15.2 TEMPORARY ROUTING IN RESPONSE TO EVENTS. Consistent with the authority granted by § 42-20-301 (1) (b), CRS, the CSP may include or apply conditions or restrictions to vehicles transporting hazardous materials not defined as agricultural products and are listed in Tables 1 and 2 of 49 CFR 172.504 that are consistent with the restrictions of § 42-20-301 (1) (b) and (2), CRS.
HMR 4.15.2.1 CONSTRUCTION, WEATHER, AND OTHER LIMITED EVENTS. The CSP may temporarily declare an alternate route when a hazardous materials route is restricted and/or closed due to highway construction, weather, or other restrictions or conditions affecting the movement of traffic (i.e., traffic incidents, motorcades, or other special events). The temporary route declaration will be for a set period not to exceed the activity or event affecting the ability to use a designated hazardous materials route.
HMR 4.15.3 TEMPORARY ROUTING UNDER § 42-20-301 (b), CRS, IN RESPONSE TO OTHER CONDITIONS. As may be advisable and in the interest of public welfare and safety, the CSP may exercise its authority under § 42-20-301 (b), CRS, to temporarily designate public roads or to apply conditions to the use of existing designated hazardous materials routes in response to specific conditions reasonably determined by the CSP to present an immediate negative impact to public welfare and safety. Notice of any temporary hazardous material routing designation will be forwarded to the CDOT and the affected municipality, city, city and county, affected industry, and/or the affected road and bridge authority.
HMR 4.15.3.1 EFFECTIVE INITIAL DESIGNATION PEROD. An initial temporary hazardous materials route designation or initial conditions determination affecting a hazardous materials route by the CSP will remain in effect for a period not to exceed the duration of the condition nor to exceed 12 months absent subsequent review by the CSP.
HMR 4.15.3.2 CONDITION REVIEW, EXTENSION, AND RESOLUTION. A temporary hazardous materials route designation or conditions upon an existing hazardous materials route by the CSP may not remain in effect beyond 12 months without a review to evaluate if the condition(s) reasonably determined to present the immediate negative impact(s) to public welfare and safety remain. If this evaluation results in a determination that the condition(s) persists, the CSP will extend the temporary designation initially for up to 180 days.
HMR 4.15.3.2.1 OPPORTUNITY TO PETITION OR CORRECT. A Petitioning Entity or the CDOT is encouraged to either take appropriate action consistent with resolving the condition(s) necessitating the temporary alternate route designation or to petition the CSP for a permanent routing designation. Either may be accomplished at any point before or after a temporary route designation. It is encouraged that such actions commence before the expiration of any 180-day extension resulting out of a 12-month review of a temporary route designation by the CSP.
HMR 4.15.3.2.2 ACTION DURING TEMPORARY DESIGNATION PERIOD. Before the expiration of any temporary alternate routing designation, the CSP may consider any substantive steps taken to either address the condition(s) that resulted in the temporary, alternate designation or an impending or received hazardous materials Routing Petition Application when determining if it is appropriate to extend a designation for an additional period.
HMR 4.15.3.3 TEMPORARY DESIGNATION OR CONDITIONS REPRESENT INFORMAL NOTICE A HAZARDOUS MATERIALS ROUTE MAY NO LONGER SATISFY THE STATUTE. Temporary designation of a hazardous materials route or the determination to apply temporary restrictions to an existing hazardous materials route by the CSP in response to a condition or conditions reasonably determined to represent an immediate negative impact on public welfare and safety represents informal notice that an existing designated hazardous materials route may no longer satisfy statutory approval requirements referenced within these rules. Temporary route designations or temporary conditions placed on an existing designated hazardous materials route will result in a route review within 12 months from the CSP that may result in permanent changes to existing routing or alternate route determination(s), consistent with the route review process outlined in these rules.
HMR 4.15.3.3.1 PETITION CONSULTATON. If determined appropriate, the CSP will consult with an affected Petitioning Entity to submit a petition consistent with § 42-20-302, CRS, and these rules.
HMR 4.15.3.4 NO CURFEWS EXCEPT AS PERMISSIBLE UNDER § 42-20-301 (3) (b), CRS. Except for the application of decisions of the Transportation Commission affecting the permissible hours of operation for the EJMT by the CSP as permissible through § 42-20-301 (3) (b), CRS, the CSP will not impose hours of operation or curfews as conditions or restrictions as part of a designated route restriction or condition. Moreover, the CSP will not impose conditions or restrictions on motor vehicles being used to transport to or from a farm or ranch products necessary for agricultural production and operated consistent with § 42-20-301 (c), CRS, beyond those conditions affecting permissible hours of operation for the EJMT, consistent with § 42-20-301 (3) (a) and (b), CRS.
HMR 4.15.3.5 APPLICABLE TO TABLES 1 AND 2, 49 CFR 172.504, AS LIMITED BY STATUTE. Any CSP temporary hazardous materials route designations or conditions upon existing designated hazardous materials routes apply only to those materials listed in Tables 1 and 2 of 49 CFR 172.504 as specifically provided within § 42-20-301 (2), CRS.
HMR 4.15.3.6 NOTICE TEMPORARY ROUTE DESIGNATION IS NO LONGER VALID. Upon determination that conditions no longer reasonably warrant a temporary hazardous materials route designation or conditions applied by the CSP, the CSP will provide notice to the CDOT and any affected municipality, city, city and county, affected industry, and/or affected road/bridge authority.
Notes
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