Mich. Admin. Code R. 299.9404 - Transfer facility requirements
Rule 404.
(1) A
transporter at a transfer facility shall comply with all of the following
requirements:
(a) Manage vehicles and
hazardous wastes so that hazardous waste and hazardous waste constituents
cannot escape into the soil, directly or indirectly into surface or
groundwaters, or uncontrolled into drains or sewers and so that fugitive
emissions are controlled by closing, covering, or otherwise sealing containers,
as required by
49 CFR
173.24(b), at all times
unless the container is being filled or emptied of waste or is being
cleaned.
(b) Store hazardous
wastes, subject to manifesting requirements, in containers meeting the
applicable requirements of 49 CFR parts 107 and 172 to 180 for a period of 10
days or less. Storage for a period of more than 10 days requires compliance
with the treatment, storage, and disposal facility requirements of parts 5, 6,
and 7 of these rules.
(c) Hazardous
wastes must not be routed to the same transfer facility more than once during
transportation, unless either of the following provisions applies:
(i) The load has been rejected by the
treatment, storage, and disposal facility and the load is either being returned
to the generator or is being sent to an alternate treatment, storage, and
disposal facility.
(ii) A
transporter was temporarily unable to deliver the waste for reasons unrelated
to the suitability of the treatment, storage, and disposal facility to manage
the waste, such as treatment, storage, and disposal facility maintenance or
overbooking or delivery of the load after normal business hours, and rerouting
was necessary to ensure subsequent delivery at the designated
facility.
(d) When
consolidating the contents of 2 or more containers with the same hazardous
waste into a new container, or when combining and consolidating 2 different
hazardous wastes that are compatible with each other, the transporter shall
mark its containers of 119 gallons or less with the following information:
(i) The words "Hazardous Waste."
(ii) The applicable hazardous waste numbers,
or in compliance with
R
299.9305(1)(e).
(2) A transporter who off-loads hazardous
wastes during transportation for the purpose of storage off of the vehicle or
conveyance of waste in accordance with
R
299.9503(1)(k) shall comply with all
of the following requirements.
(a) The
requirements of subrule (1) of this rule.
(b) For new activity, before the activity
begins, provide notification to the department. Within 30 days of changes to
information included in the notification a subsequent notification is required.
The notification must include all of the following information:
(i) The transporter name and site
identification number.
(ii) The
transporter mailing address.
(iii)
The transporter telephone number.
(iv) The owner of the transfer
facility.
(v) The location and
telephone number of all of the transfer facilities.
(vi) A description of the transfer activity
performed at each transfer facility location.
(c) Obtain financial capability as specified
in
R 299.9711 for transfer
facilities.
(d) The requirements of
49 CFR parts 130 and 172 to 180, and
40 CFR 263.31
concerning the use and management of containers.
(e) Secondary containment must be
sufficiently impervious to prevent any hazardous waste or hazardous waste
constituent released into the containment system from migrating out of the
system to the soil, groundwater, or surface water.
(f) The requirements of
49 CFR
172.602,
172.702,
172.704,
and
177.848
and 29 CFR part 1910, subpart L, and 1910.120(q) and 1910.132 to 1910.138
concerning preparedness and prevention, contingency planning and emergency
procedures, and training.
(g)
Maintain an inventory log that tracks manifested hazardous waste which is
managed at the transfer facility by date of receipt, date of shipment off site,
and manifest number. The inventory log, or similar documentation, must also
include the date of the weekly inspection of the areas where containers are
stored and the results of the inspection, including, at a minimum, any evidence
of container failure, the condition of secondary containment, and remediation
correcting any problems noted. Except as required in subdivision (a) of this
subrule, the requirements of this subrule do not apply when, during
transportation, there is a continuous physical link between vehicles or
vehicles and pipelines for waste being off-loaded or, in the case of
bulk-packagings authorized by
49 CFR
173.240, the break in the link between the
transport vehicles is no longer than is necessary to accomplish the immediate
transfer of the bulk packagings from 1 vehicle to another
vehicle.
(3) Transfer
facility operations must not occur at treatment, storage, and disposal
facilities.
Notes
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