Md. Code Regs. 26.13.04.01

Current through Register Vol. 51, No. 22, November 1, 2024

Section 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 ;

(2) Submit, to the Secretary, a copy of the most recent inspection report prepared in accordance with 49 CFR § 396.21(a) to document that the vehicle has been inspected in accordance with the requirements of 49 CFR § 396.17.

Md. Code Regs. 26.13.04.01

Regulations .01 adopted as an emergency provision effective November 18, 1980 (7:25 Md. R. S-1); adopted permanently effective April 3, 1981 (8:7 Md. R. 642)
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. 6/18/2018; amended effective 49:1 Md. R. 14, eff. 1/13/2022