Ohio Admin. Code 3745-266-203 - Standards for the transportation of waste military munitions
(A) Criteria for
hazardous waste regulation of waste non-chemical military munitions in
transportation.
(1) Waste military munitions
that are being transported and that exhibit a hazardous waste characteristic or
are listed as hazardous waste under Chapter 3745-51 of the Administrative Code,
are listed or identified as a hazardous waste (and thus are subject to
regulation under Chapters 3745-50, 3745-51, 3745-52, 3745-53, 3745-54 to
3745-57, 3745-65 to 3745-69, 3745-205, 3745-256, 3745-266, and 3745-270 of the
Administrative Code), unless all the following conditions are met:
(a) The waste military munitions are not
chemical agents or chemical munitions.
(b) The waste military munitions shall be
transported in accordance with the department of defense (DOD) shipping
controls applicable to the transport of military munitions.
(c) The waste military munitions shall be
transported from a military owned or operated installation to a military owned
or operated treatment, storage, or disposal facility.
(d) The transporter of the waste shall
provide verbal notice to the director within twenty-four hours after the time
the transporter becomes aware of any loss or theft of the waste military
munitions, or any failure to meet a condition of paragraph (A)(1) of this rule
that may endanger health or the environment. In addition, a written submittal
describing the circumstances shall be provided within five days after the time
the transporter becomes aware of any loss or theft of the waste military
munitions or any failure to meet a condition of paragraph (A)(1) of this
rule.
(2) If any waste
military munitions shipped under paragraph (A)(1) of this rule are not received
by the receiving facility within forty-five days after the day the waste was
shipped, the owner or operator of the receiving facility shall report this
non-receipt to the director within five days.
(3) The exemption from regulation as
hazardous waste in paragraph (A)(1) of this rule applies only to the
transportation of non-chemical waste military munitions. The exemption does not
affect the regulatory status of waste military munitions as hazardous wastes
with regard to storage, treatment, or disposal.
(4) The conditional exemption in paragraph
(A)(1) of this rule applies only so long as all of the conditions in paragraph
(A)(1) of this rule are met.
(B) Reinstatement of exemption. If any waste
military munition loses the exemption under paragraph (A)(1) of this rule, an
application may be filed with the director for reinstatement of the exemption
from hazardous waste transportation regulation with respect to such munition as
soon as the munition is returned to compliance with the conditions of paragraph (A)(1) of this rule. If
the director finds that reinstatement of the exemption is appropriate based on
factors such as the transporter's provision of a satisfactory explanation of
the circumstances of the violation, or a demonstration that the violations are
not likely to recur, the director may reinstate the exemption under paragraph
(A)(1) of this rule. If the director does not take action on the reinstatement
application within sixty days after receipt of the application, then
reinstatement is deemed granted, retroactive to the date of the application.
However, the director may terminate a conditional exemption reinstated by
default in the preceding sentence if the director finds that reinstatement is
inappropriate based on factors such as the transporter's failure to provide a
satisfactory explanation of the circumstances of the violation, or failure to
demonstrate that the violations are not likely to recur. In reinstating the
exemption under paragraph (A)(1) of this rule, the director may specify
additional conditions as are necessary to ensure and document proper
transportation to protect human health and the environment.
(C) Amendments to DOD shipping controls. The
DOD shipping controls applicable to the transport of military munitions
referenced in paragraph (A)(1)(b) of this rule are government bill of lading
(GBL) [general services administration (GSA) standard form 1103], requisition
tracking form (DD form 1348), the signature and tally record (DD form 1907),
special instructions for motor vehicle drivers (DD form 836), and the motor
vehicle inspection report (DD form 626).
[Comment: For dates of non-regulatory government publications, publications of recognized organizations and associations, federal rules, and federal statutory provisions referenced in this rule, see rule 3745-50-11 of the Administrative Code titled "Incorporated by reference."]
Notes
Promulgated Under: 119.03
Statutory Authority: 3734.12
Rule Amplifies: 3734.12
Prior Effective Dates: 12/07/2004, 09/05/2010, 10/31/2015
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