Md. Code Regs. 26.13.04.03

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

Section 26.13.04.03 - Hazardous Waste Discharged

A. Immediate Action.

(1) In the event of a discharge of hazardous waste during transportation, the transporter shall take appropriate immediate action to protect human health and the environment (for example, notify local authorities, dike the discharge area), and shall notify the Department and local authorities, if any, within 1 hour of the incident, or, if not immediately discovered, within 1 hour of discovery of the incident, by calling (410)974-3551.

(2) If a discharge of hazardous waste occurs during transportation, and an official (State or local government or a federal agency) acting within the scope of his official responsibilities determines that immediate removal of the waste is necessary to protect human health or the environment, that official may authorize the removal of the waste by transporters who do not have EPA identification numbers and without the preparation of a manifest.

(3) An air, rail, highway, or water transporter who has discharged hazardous waste shall:

(a) Give notice if required by 49 CFR § 171.15 to the National Response Center, (800)424-8802;

(b) Submit a report in writing as required by 49 CFR § 171.16 to the Information Systems Manager, DHM-63, Research and Special Programs Administration, Department of Transportation, Washington, DC 20590; and

(c) Submit a report in writing within 30 days to the Director of the Waste Management Administration, Department of the Environment, 2500 Broening Highway, Baltimore, Maryland 21224.

(4) A water (bulk shipment) transporter who has discharged hazardous waste shall give notice by 33 CFR § 153.203 to the National Response Center, (800)424-8802, or in the District of Columbia, (202)426-2675, and to the State, (410)974-3551.

B. Discharge Cleanup. A transporter shall clean up any hazardous waste discharge that occurs during transportation or take such action as may be required or approved by federal, State, or local officials so that the hazardous waste discharge no longer presents a hazard to human health or the environment.

C. All references to 49 CFR in this regulation mean 49 CFR as it has been adopted as of October 1, 2007.

Md. Code Regs. 26.13.04.03

Regulations .03 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 .03C adopted effective July 30, 1984 (11:15 Md. R. 1330)
Regulations .03A amended effective January 18, 1982 (9:1 Md. R. 20)
Regulation .03A and C amended effective December 23, 1991 (18:25 Md. R. 2759)
Regulation .03C amended effective May 1, 2008 (35:8 Md. R. 809)