Plain Text Law

Regulation .05 Pretransport Requirements.

Regulation .05 Pretransport Requirements.Copy Citation

A.
Packaging. Before transporting hazardous waste or offering hazardous waste for transportation off-site, a generator shall package the waste in accordance with the applicable Department of Transportation regulations on packaging under 49 CFR 173, 178, and 179.
B.
Labeling. Before transporting or offering hazardous waste for transportation off-site, a generator shall label each package in accordance with the applicable Department of Transportation regulations on hazardous materials, under 49 CFR 172.
C.
Marking.
(1)
Before transporting or offering hazardous waste for transportation off-site, a generator shall mark each package of hazardous waste in accordance with the applicable Department of Transportation regulations on hazardous materials under 49 CFR 172.
(2)
Except as provided in §C(4) of this regulation, before transporting hazardous waste or offering hazardous waste for transportation off-site, a generator shall mark each container of 119 gallons or less used in the transportation with the following words and information displayed in accordance with the requirements of 49 CFR §172.304:
(3)
To satisfy the requirement of §C(2) of this regulation to mark a container with the EPA hazardous waste numbers of the wastes in the container, a generator may use an electronic system for data capture, storage, and retrieval, such as bar coding, if the electronic system allows the destination facility to be informed of the container's contents for the purposes of compliance with applicable hazardous waste management regulations.
(4)
A generator is not required to mark EPA Hazardous Waste Numbers on a lab pack container that will be incinerated in compliance with 40 CFR §268.42(c), except for EPA Hazardous Waste Numbers D004, D005, D006, D007, D008, D010 and D011, when applicable.
D.
Placarding. Before transporting hazardous waste or offering hazardous waste for transportation off-site, a generator shall placard or offer the initial transporter the appropriate placards according to U.S. Department of Transportation regulations for hazardous materials under 49 CFR Part 172, Subpart F.
E.
Returned, Rejected Loads.
(1)
A generator who sends a shipment of hazardous waste to a designated facility with the understanding that the designated facility can accept and manage the waste, and later receives that shipment or part of that shipment back as a rejected load or residue in accordance with the manifest discrepancy provisions of COMAR 26.13.05.05C, COMAR 26.13.06.05A, 40 CFR §264.72, 40 CFR §265.72, or analogous regulations of the designated facility's state, may accumulate the returned waste onsite in accordance with Regulations .03-3—.03-10 of this chapter.
(2)
Upon receipt of a shipment returned in accordance with §E(1) of this regulation, the generator shall:
(a)
Sign Item 18c of the manifest, if the transporter returned the shipment using the original manifest; or
(b)
Sign Item 20 of the manifest, if the transporter returned the shipment using a new manifest.
F.
Liquids in Landfills Prohibition.
(1)
A person may not place or arrange to have placed bulk or non-containerized liquid hazardous waste or hazardous waste containing free liquids in a landfill.
(2)
The prohibition of §F(1) of this regulation applies regardless of whether sorbents have been added to the waste.
(3)
To demonstrate the absence or presence of free liquids, a person shall use Method 9095, Paint Filter Liquids Test, as described in “Test Methods for Evaluating Solid Waste, Physical/Chemical Methods”, EPA Publication SW-846, which is incorporated by reference in COMAR 26.13.01.05A(4).
(4)
A person may not use a sorbent to eliminate free liquids from a waste that is to be disposed of in a landfill unless the sorbent meets the requirements of 40 CFR §264.314(d).