(a) Except as
otherwise provided in subsection (b), §
262a.14(b),
§
266a.70(1) or
§
266b.50 (relating to conditions
for exemption for a very small quantity generator; applicability and
requirements; and applicability), a person or municipality may not transport
hazardous waste within this Commonwealth without first obtaining a license from
the Department.
(b) A person or
municipality desiring to obtain a license to transport hazardous waste within
this Commonwealth shall:
(1) Comply with
40 CFR
263.11 (relating to EPA identification
number).
(2) File a hazardous waste
transporter license application with the Department. The application shall be
on a form provided by the Department and completed as required by the
instructions supplied with the form.
(3) Deposit with the Department a collateral
bond conditional upon compliance by the licensee with the act, this article,
the terms and conditions of the license and a Department order issued to the
licensee. The amount, duration, form, conditions and terms of the bond must
conform to §
263a.32 (relating to
bonding).
(4) Submit a transporter
contingency plan for effective action to minimize and abate discharges or
spills of hazardous waste from an incident while transporting hazardous waste,
in accordance with the Department's guidelines for contingency plans.
(5) Supply the Department with relevant
additional information it may require.
(c) Upon receiving the application and the
information required in subsection (b), the Department will evaluate the
application for a license and other relevant information and issue or deny the
license. If a license is denied, the Department will advise the applicant in
writing of the reasons for denial.
(d) A license granted or renewed under this
chapter is valid for 2 years unless the Department determines that
circumstances justify issuing a license for less than 2 years. The expiration
date will be set forth on the license.
(e) A license to transport hazardous wastes
is nontransferable and nonassignable and usable only by the licensee and
employees of the licensee.
(f) The
Department may revoke or suspend a license in whole or in part for one or more
of the following reasons:
(1) Violation of an
applicable requirement of the act or a regulation promulgated under the
act.
(2) Aiding or abetting the
violation of the act or a regulation promulgated under the act.
(3) Misrepresentation of a fact either in the
application for the license or renewal or in information required or requested
by the Department.
(4) Failure to
comply with the terms or conditions placed upon the license or
renewal.
(5) Failure to comply with
an order issued by the Department.
(6) Failure to maintain the required bond
amount.
(g) The
application for a license shall be accompanied by a check for $500 payable to
the "Commonwealth of Pennsylvania." The application for license renewal shall
be accompanied by a check for $250 payable to the "Commonwealth of
Pennsylvania."
(h) In addition to
the fees required by subsection (g), the transporter shall submit a fee of $5
for each license card requested in excess of ten cards.
(i) The licensee shall notify the Department
within 30 days of any change in the information contained in the license
application.
(j) A copy of the
transporter contingency plan approved at licensure or approved as amended shall
be carried on the transport vehicle while transporting hazardous
waste.