Md. Code Regs. 26.13.04.01 - General
A. Scope.
(1) These regulations establish standards
which apply to persons transporting hazardous waste within the State if the
transportation requires a manifest under COMAR 26.13.03.
(2) These regulations do not apply to on-site
transportation of hazardous waste by generators or by owners or operators of
permitted hazardous waste management facilities.
(3) A transporter of hazardous waste shall
also comply with COMAR 26.13.03, Standards Applicable to Generators of
Hazardous Waste, if the generator:
(a)
Transports hazardous waste into the United States from abroad; or
(b) Mixes hazardous waste of different DOT
shipping descriptions by placing them into a single
container.
(4) This
chapter does not apply to transportation during an explosives or munitions
emergency response conducted in accordance with:
(a) COMAR
26.13.07.01A;
and
(b) Either:
(i) COMAR
26.13.05.01A(3)(h)(iv)
and D(5) and (6); or
(ii) COMAR
26.13.06.01A(4)(h)(iv),
(5)(b), and
(5)(c).
(5)
COMAR 26.13.10.28 identifies how the
requirements of this chapter apply to military munitions classified as solid
waste under COMAR
26.13.10.27B.
(6) A transporter of hazardous
waste that is being imported from or exported to any other country for purposes
of recovery or disposal is subject to this chapter and to all other relevant
requirements of 40 CFR Part 262, Subpart H, as made applicable in COMAR
26.13.03.07, including, but not
limited to, 40 CFR
262.83(d) and
262.84(d) for
movement documents.
B.
EPA Identification Number.
(1) A transporter
may not transport hazardous wastes without having received an EPA
identification number from the Secretary.
(2) A transporter who has not received an EPA
identification number may obtain one by applying to the Secretary using EPA
Form 8700-12. Upon receiving the request, the Secretary shall assign an EPA
identification number to the transporter.
C. Certificate.
(1) Except for CHS used for residential
purposes or those regulated by the Department of Agriculture, a person may not
transport a CHS to a facility within the State or from a source within the
State unless the person obtains a certificate from the Department. For the
purpose of these regulations, CHS used for residential purposes means those CHS
used in a household or domestic situation, and normally discarded in small
quantities in refuse and other household waste collected for disposal in
conventional sanitary landfills. A CHS Hauler Certificate is required of
persons engaged in transporting CHS. All vehicles or articulated transports, to
a facility within the State or from a source within the State, shall carry the
vehicle certification and a copy of the hauler certification in the cab of the
controlled hazardous substance vehicle and present the certifications upon
request.
(2) As a condition to
being issued and operating under a certificate, a person shall do the
following:
(a) Report periodically, on a form
provided by the Department, on the source, disposal destination, volume, and
nature of the CHS transported;
(b)
Provide a copy of the manifest supplied by the waste generator to the operator
of facilities;
(c) Secure and
maintain a bond of not less than $50,000 for the purpose of indemnifying the
State for abatement of pollution resulting from the improper transportation or
spill of CHS;
(d) Pay a yearly fee
for certification not to exceed $50 per vehicle used for hauling CHS;
(e) Have a vehicle safety inspection
performed on each vehicle (truck, truck tractor, and trailer/semitrailer) in
accordance with §G of this regulation; and
(f) Submit proof of liability insurance
coverage meeting the requirements of 49 CFR 387.
(3) A request for certification shall be
submitted annually in writing and shall include information pertaining to the
nature and quantity of the CHS to be transported, the source and destination,
the method of transportation, specific information pertaining to the vehicles
used to transport CHS, such as vehicle age and construction specifications, the
safety inspection of the vehicle, proof of liability insurance, and the fee for
certification. Failure to provide this information, the fee for certification,
or other information required by the Department shall constitute grounds for
denial of certification.
(4) The
State Fire Marshal, and other public safety agencies approved by him, are
certified CHS transporters.
(5)
Utility maintenance crews are certified CHS transporters for CHS transported
during the normal execution of their duties.
(6) This regulation does not apply to
transportation within industrial plant sites such as transport of a CHS from an
in-plant storage area to an in-plant waste treatment facility.
(7) Approved personnel of the Department of
the Environment are certified CHS transporters.
(8) Interstate Certificates.
(a) Interstate carriers with more than 10
trucks operating in or out of the State, and servicing more than three States,
may apply for Interstate Certificates if the carrier:
(i) Has 5 vehicle certificates currently
issued; and
(ii) Meets the
insurance requirements of 49 CFR 387 -Minimum Levels of Financial
Responsibility for Motor Carriers.
(b) Interstate certificates are transferable
from one vehicle to another. The location of the certificate shall be
registered with the Department.
(c)
The carrier shall notify the Department 24 hours before use of the certificate.
The notification will include information detailing the type of vehicle, serial
number, make, model, State of registration, license destination, material
transported, and other information as may be requested.
(d) The maximum number of transferable
certificates issued may not exceed the number of permanent certificates issued
to a carrier.
(e) Each certificate
issued shall carry a fee of $50.
D. Mixing.
(1) Except under the supervision of the
Department during an emergency, a CHS hauler may not mix, as defined by this
regulation, any CHS except in a CHS facility.
(2) Mixing includes any blending, mingling,
combining, consolidating or putting together of CHS unless specifically
excluded under §D(3) of this regulation.
(3) Mixing does not include the blending,
mingling, combining, or putting together of waste within but not among the
following categories of hazardous waste from the same or different sources
provided the substances are chemically and physically compatible:
(a) Acids of less than 1 molar
concentrations;
(b) Bases of less
than 1 molar concentrations;
(c)
Cyanides (with the following EPA Hazardous Waste Numbers)-F007, F008, F009,
F010, F011, F013, F014, F015, F016;
(d) Halogenated solvents-contaminated with 1
percent or less of non-halogenated;
(e) Solvents non-halogenated-contaminated
with 1 percent or less of halogenated.
(4) If a person transports used oil in a
truck that has been used to transport hazardous waste, the person shall either:
(a) Assure that the truck is empty according
to the criteria of COMAR
26.13.02.07 before loading the
used oil onto the truck; or
(b)
Manage the mixture of the used oil and the previously transported hazardous
waste:
(i) As hazardous waste, or
(ii) As otherwise allowed under the
provisions of COMAR 26.13.10.05.
E. Stoppage.
(1) Except under the supervision of the
Department during an emergency, a CHS hauler may not store CHS except in a CHS
facility. Storage in a CHS vehicle does not include periods of stoppage, as
defined by §E(2), of this regulation, if the conditions in §E(3) of
this regulation are met.
(2)
Stoppage is a period of time not to exceed 72 hours during which a CHS vehicle
is at rest. The cumulative period of stoppage may not exceed 5 days for a
particular shipment of CHS within the State. Any stoppage in excess of 12 hours
shall be at a facility or other suitable site.
(3) During periods of stoppage, for instance,
at truck stops or truck terminals, a CHS hauler shall comply with COMAR
26.13.05.02G and
H; .03E-H; .04; .05; .09; and .10.
F. Inspection, Repair, and Maintenance.
Before a person may receive a hazardous waste vehicle certificate and
certification sticker, the person shall:
(1)
Certify that the vehicle is in compliance with the requirements of 49 CFR 396
;
Notes
Regulations .01A_C amended effective July 30, 1984 (11:15 Md. R. 1330)
Regulation .01C adopted effective January 18, 1982 (9:1 Md. R. 20)
Regulations .01C amended effective January 31, 1983 (10:2 Md. R. 110)
Regulations .01C amended, and .01D_F adopted effective February 13, 1984 (11:3 Md. R. 202)
Regulation .01A amended effective May 1, 2008 (35:8 Md. R. 809)
Regulations .01 amended and G adopted effective December 23, 1991 (18:25 Md. R. 2759)
Regulation .01D amended effective September 7, 1998 (25:18 Md. R. 1438)
Regulation .01F amended effective December 23, 1991 (18:25 Md. R. 2759); November 9, 1992 (19:22 Md. R. 1991); September 11, 2006 (33:18 Md. R. 1507); amended effective 45:12 Md. R. 618, eff.
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