Md. Code Regs. 26.13.13.01 - General
A. Scope.
(1) These regulations establish standards
which apply to persons transporting special medical waste within the State if
the transportation requires a shipping paper under COMAR 26.13.12.
(2) These regulations do not apply to on-site
transportation of special medical waste by generators or by owners or operators
of permitted special medical waste management facilities.
(3) A transporter of special medical waste
shall also comply with COMAR 26.13.12 if the transporter transports special
medical waste into the United States from abroad.
B. State Identification Number.
(1) A transporter may not transport special
medical wastes without having received a State identification number from the
Secretary.
(2) A transporter who
has not received a State identification number may obtain one by applying to
the Secretary.
C.
Certificate.
(1) General.
(a) A person may not transport special
medical waste to a facility within the State or from a source within the State
unless the person obtains a certificate from the Department. A special medical
waste hauler certificate is required of persons engaged in transporting special
medical wastes.
(b) Transporters
using vehicles or articulated transports to transport special medical waste to
a facility within the State or from a source within the State shall
(i) Display prominently the vehicle
certificate; or
(ii) Affix the
vehicle certificate to the outside of the left door of the cab of the special
medical waste vehicle carry the vehicle certificate in the cab of the special
medical waste vehicle.
(2) As a condition to the issuance of a
certificate, a person shall:
(a) Secure a bond
of not less than $10,000 for the purpose of indemnifying the State for
abatement of pollution resulting from the improper transportation or spill of
special medical waste;
(b) Pay a
yearly fee for certification not to exceed $50 per vehicle used for hauling
special medical waste; and
(c)
Submit a certificate of safety inspection for each vehicle as provided in
Regulation .01F of this chapter.
(3) Certification.
(a) A request for certification shall be
submitted in writing and shall include:
(i)
Information pertaining to the nature and quantity of the special medical waste
to be transported;
(ii) The source
and destination of the waste;
(iii)
The method of transportation;
(iv)
Specific information pertaining to the vehicles used to transport special
medical waste, such as vehicle age and construction specifications;
(v) The safety inspection of the vehicle;
and
(vi) The fee for
certification.
(b)
Failure to provide the information required in §C(3)(a) of this regulation, the
fee for certification, or other information required by the Department shall
constitute grounds for denial of certification.
(c) The certification shall be carried in the
vehicle at all times and presented upon request.
(4) This regulation does not apply to
transportation within sites such as transport of a special medical waste from
an on-site storage area to an on-site waste treatment facility.
(5) Personnel of the Department approved by
the Secretary are certified special medical waste transporters.
(6) Interstate Certificates.
(a) Interstate carriers with more than ten
trucks operating in or out of the State, and servicing more than three states,
may apply for interstate certificates if the carrier:
(i) Has five vehicle certificates currently
issued; and
(ii) Meets the
insurance requirements of 49 CFR Part 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 shall 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.
(7) The Department may require the applicant
to report periodically, on a form provided by the Department, on the source,
disposal destination, volume, and nature of the special medical waste
transported.
D.
Standards for Vehicles.
(1) A person shall
transport special medical waste in a leakproof, noncompacting, and fully
enclosed vehicle compartment.
(2) A
person shall transport special medical waste in a manner that prevents any
nuisance condition.
E.
Stoppage.
(1) Except under the supervision of
the Department during an emergency, a special medical waste hauler may not
store special medical waste except in an approved facility. Storage in a
special medical waste vehicle does not include periods of stoppage, as defined
by §E(2) of this regulation.
(2)
Stoppage is a period of time not to exceed 72 hours during which a special
medical waste vehicle is at rest. The cumulative period of stoppage may not
exceed 5 days for a particular shipment of special medical waste within the
State. Any stoppage in excess of 12 hours shall be at an authorized facility or
other suitable site.
F.
Safety Inspection.
(1) Before a person may
receive a special medical waste vehicle certificate, the person shall provide
written proof that the vehicle has passed a safety inspection as provided in
§F(2)-----(4) of this regulation within 60 days before the date of the
application.
(2) A safety
inspection for a special medical waste vehicle includes each of the following:
(a) Windshield wipers and washers;
(b) Headlights, taillights, and signal
lights;
(c) Exhaust
system;
(d) Wheels, tire wear, and
tire pressure;
(e) Glass and
mirrors;
(f) Horn; and
(g) Brakes.
(3) A safety inspection may only be performed
by a state agency authorized to perform vehicle safety inspections or by a
commercial establishment authorized by a state to perform vehicle safety
inspections.
(4) A motor vehicle of
the current or preceding model year that has not been previously titled or
registered and for which the ownership document is a manufacture's certificate
of origin is excluded from the requirements of §F(1)-----(3) of this regulation
for a period of 12 months from the month of initial titling.
Notes
Regulations .01 adopted effective April 3, 1989 (16:6 Md. R. 733)
Regulation .01 amended effective April 20, 1998 (25:8 Md. R. 599); amended effective 45:12 Md. R. 618, eff.
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