Chapter 04. Standards Applicable to Transporters of Hazardous Waste
Regulation .01 General.LinkCopy Citation
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 Maryland 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 EPA Hazardous Waste Numbers F007, F008, F009, F010, F011, F013, or F016, or all of these;
(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.
(5)
When consolidating the contents of two or more containers with the same hazardous waste into a new container, or when combining and consolidating two different hazardous wastes that are compatible with each other, the transporter shall do the following for each container of 119 gallons or less that is being used to hold the consolidated waste:
(a)
Mark the container with the words “Hazardous Waste”; and
(b)
Either:
(i)
Mark the container with each applicable EPA hazardous waste number (EPA hazardous waste code) identified in COMAR 26.13.02.10—.19; or
(ii)
Use the method specified in COMAR 26.13.03.05C(3) to satisfy the requirement to mark the container with the EPA hazardous waste numbers of the wastes in the container.
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.
Regulation .02 Compliance with the Manifest System and Record Keeping.LinkCopy Citation
A.
The Manifest System.
(1)
A transporter:
(a)
May not accept hazardous waste from a generator unless the transporter is also provided with:
(i)
A manifest signed in accordance with the provisions of COMAR 26.13.03.04E; or
(ii)
An electronic manifest that is obtained, completed, and transmitted in accordance with COMAR 26.13.03.04A(1)(b), and signed with a valid and enforceable electronic signature as described in COMAR 26.13.03.04E-2; and
(b)
May only accept hazardous waste intended for export that is subject to COMAR 26.13.03.07 if:
(i)
The waste is accompanied by a manifest signed in accordance with COMAR 26.13.03.04A;
(ii)
For exports occurring under the terms of a consent issued by EPA on or after December 31, 2016, the waste is accompanied by a movement document that includes all information required by 40 CFR §262.83(d); and
(iii)
A copy of the EPA Acknowledgement of Consent is attached to the shipping paper if the shipment is a bulk shipment by water, or is attached to the manifest if the shipment is neither by rail nor a bulk shipment by water.
(2)
Before transporting the hazardous waste, the transporter shall sign and date the manifest acknowledging acceptance of the hazardous waste from the generator. The transporter shall return a signed copy to the generator before leaving the generator's property.
(3)
The transporter shall:
(a)
Ensure that the manifest accompanies the hazardous waste;
(b)
For exports occurring under the terms of a consent issued by EPA to the exporter on or after December 31, 2016, ensure that a movement document that includes all the information required by 40 CFR §262.83(d) also accompanies the hazardous waste;and
(c)
In the case of imports occurring under the terms of a consent issued by EPA to the country of export or the importer on or after December 31, 2016, ensure that a movement document that includes all information required by 40 CFR §262.84(d) also accompanies the hazardous waste.
(4)
A transporter who delivers a hazardous waste to another transporter or to the designated facility shall:
(a)
Obtain the date of delivery and the handwritten signature of that transporter or of the owner or operator of the designated facility on the manifest;
(b)
Retain one copy of the manifest in accordance with §C of this regulation; and
(c)
Give the remaining copies of the manifest to the accepting transporter or designated facility.
(5)
The requirements of §A(3), (4), and (6) of this regulation do not apply to water (bulk shipment) transporters if:
(a)
The hazardous waste is delivered by water (bulk shipment) to the designated facility;
(b)
The hazardous waste is accompanied by:
(i)
A shipping paper containing all the information required on the manifest, excluding the EPA identification numbers, generator certification, and signatures; and
(ii)
For exports or imports occurring under the terms of a consent issued by EPA on or after December 31, 2016, a movement document that includes all information required by 40 CFR §262.83(d) or 262.84(d);
(c)
The delivering transporter obtains the date of delivery and handwritten signature of the owner or operator of the designated facility on either the manifest or the shipping paper;
(d)
The person delivering the hazardous waste to the initial water (bulk shipment) transporter obtains the date of delivery and signature of the water (bulk shipment) transporter or the manifest and forwards it to the designated facility; and
(e)
A copy of the shipping paper or manifest is retained by each water (bulk shipment) transporter in accordance with §C of this regulation.
(6)
Rail Shipments. For shipments involving rail transportation, the requirements of §A(3)—(5) of this regulation do not apply, but the following requirements do apply:
(a)
When accepting hazardous waste from a nonrail transporter, the initial rail transporter shall:
(i)
Sign and date the manifest acknowledging acceptance of the hazardous waste;
(ii)
Return a signed copy of the manifest to the nonrail transporter;
(iii)
Forward at least three copies of the manifest to the next nonrail transporter, if any, the designated facility, if the shipment is delivered to that facility by rail, or the last rail transporter designated to handle the waste in the United States;
(iv)
Retain one copy of the manifest and rail shipping paper in accordance with §C(3) of this regulation.
(b)
Rail transporters shall ensure that:
(i)
A shipping paper containing all the information required on the manifest, excluding the EPA identification numbers, generator certification, and signatures, accompanies the hazardous waste at all times; and
(ii)
For exports or imports occurring under the terms of a consent issued by EPA on or after December 31, 2016, a movement document that includes all information required by 40 CFR §262.83(d) or 262.84(d) accompanies the hazardous waste at all times.
(c)
Intermediate rail transporters are not required to sign either the manifest or shipping paper.
(d)
When delivering hazardous waste to the designated facility, a rail transporter shall:
(i)
Obtain the date of delivery and handwritten signature of the owner or operator of the designated facility on the manifest or the shipping paper (if the manifest has not been received by the facility); and
(ii)
Retain a copy of the manifest or signed shipping paper in accordance with §C of this regulation.
(e)
When delivering hazardous waste to a nonrail transporter, a rail transporter shall:
(i)
Obtain the date of delivery and the handwritten signature of the next nonrail transporter on the manifest; and
(ii)
Retain a copy of the manifest in accordance with §C of this regulation.
(f)
Before accepting hazardous waste from a rail transporter, a nonrail transporter shall sign and date the manifest and provide a copy to the rail transporter.
(7)
Transporters who transport hazardous waste out of the United States shall:
(a)
Sign and date the manifest in the International Shipments block to indicate the date that the shipment left the United States;
(b)
Retain one copy in accordance with §C of this regulation;
(c)
Return a signed copy of the manifest to the generator; and
(d)
For paper manifests only, send a copy of the manifest to the e-manifest system in accordance with the allowable methods specified in 40 CFR §264.71(a)(2)(v).
A-1.
Use of Electronic Manifest.
(1)
Legal Equivalence to Paper Forms for Participating Transporters. For the purposes of COMAR 26.13.01—.10:
(a)
An electronic manifest that is obtained, completed, and transmitted in accordance with COMAR 26.13.03.04A(1)(b), and used in accordance with this section instead of using EPA Forms 8700–22 and 8700–22A, is the legal equivalent of paper manifest forms bearing handwritten signatures and satisfies for all purposes any requirement to obtain, complete, sign, provide, use, or retain a manifest;
(b)
A requirement to sign a manifest or manifest certification by hand, or to obtain a handwritten signature, is satisfied by signing with or obtaining a valid and enforceable electronic signature within the meaning of COMAR 26.13.03.04E-2;
(c)
A requirement to give, provide, send, forward, or return to another person a copy of the manifest is satisfied when a copy of an electronic manifest is transmitted to the other person by submission to the electronic manifest system;
(d)
A requirement for a manifest to accompany a hazardous waste shipment:
(i)
Except as provided in §A-1(1)(d)(ii) of this regulation, is satisfied when a copy of an electronic manifest is accessible during transportation and forwarded to the person or persons who are scheduled to receive delivery of the waste shipment; and
(ii)
Includes a requirement for a transporter to carry one printed copy of the electronic manifest on the transport vehicle to the extent that the U.S. Department of Transportation hazardous materials regulation on shipping papers for carriage by public highway requires transporters of hazardous materials to carry a paper document to comply with 49 CFR §177.817;
(e)
A requirement for a transporter to keep or retain a copy of a manifest is satisfied by the retention of an electronic manifest in the transporter's account on the national electronic manifest system if the copy is readily available for viewing and production if requested by an inspector representing the Department or EPA; and
(f)
If a transporter is unable to produce an electronic manifest for inspection in accordance with §A-1(1)(e) of this regulation, the generator is not considered to be in violation of the requirement to have a copy of the manifest readily available if the generator can demonstrate that the inability to produce the electronic manifest is due exclusively to a technical difficulty with the electronic manifest system for which the generator bears no responsibility.
(2)
Accessing the Electronic Manifest System. A transporter may participate in the electronic manifest system either by accessing the electronic manifest system from the transporter's own electronic equipment, or by accessing the electronic manifest system from the equipment provided by a participating generator, by another transporter, or by a designated facility.
(3)
Special Procedures When the Electronic Manifest System Is Unavailable. If, after a manifest has been originated electronically and signed electronically by the initial transporter, the electronic manifest system becomes unavailable for any reason, then:
(a)
The transporter in possession of the hazardous waste when the electronic manifest becomes unavailable shall reproduce:
(i)
A copy of the printed manifest that is carried on the transport vehicle in accordance with §A-1(1)(d)(ii) of this regulation, or obtain and complete another paper manifest for this purpose; and
(ii)
Sufficient copies of the document identified in §A-1(3)(a)(i) of this regulation to provide the transporter and all subsequent waste handlers with a copy for their files, plus two additional copies that will be delivered to the designated facility with the hazardous waste;
(b)
On each printed copy being used to substitute for the unavailable electronic manifest, the transporter shall include:
(i)
A notation in the Special Handling and Additional Description space (Item 14) that the paper manifest is a replacement manifest for a manifest originated in the electronic manifest system;
(ii)
If not pre-printed on the replacement manifest, the manifest tracking number of the electronic manifest that is replaced by the paper manifest; and
(iii)
A brief explanation of why the electronic manifest was not available for completing the tracking of the shipment electronically;
(c)
A transporter signing a replacement manifest to acknowledge receipt of the hazardous waste shall ensure that each paper copy is individually signed and that a legible handwritten signature appears on each copy; and
(d)
From the point at which the electronic manifest is no longer available for tracking the waste shipment, each transporter shall ensure that the paper replacement manifest copies are carried, signed, retained as records, and given to a subsequent transporter or to the designated facility, following the instructions, procedures, and requirements that apply to the use of all other paper manifests.
(4)
Special Procedures for Electronic Signature Methods Undergoing Tests. If a transporter using an electronic manifest signs the manifest electronically using an electronic signature method that is undergoing pilot or demonstration tests aimed at demonstrating the practicality or legal dependability of the signature method, then the transporter shall:
(a)
Sign the electronic manifest electronically and also sign with an ink signature the transporter acknowledgement of receipt of materials on the printed copy of the manifest that is carried on the vehicle in accordance with §A-1(1)(d)(ii) of this regulation;
(b)
Present the printed copy of the manifest bearing the generator's and transporter's ink signatures to the designated facility to sign in ink to indicate the receipt of the waste materials or to indicate discrepancies; and
(c)
After the owner or operator of the designated facility has signed the printed manifest copy with the owner or operator's ink signature, deliver the printed manifest copy to the designated facility with the waste materials.
(5)
Post-Receipt Manifest Data Corrections.
(a)
After a facility has certified to the receipt of hazardous wastes by signing Item 20 of the manifest, any post-receipt data corrections may be submitted at any time by any interested person named on the manifest, such as a waste handler.
(b)
A transporter may participate electronically in the post-receipt data corrections process by following the process described in COMAR 26.13.05.05B(11), which applies to corrections made to either paper or electronic manifest records.
B.
Compliance with the Manifest.
(1)
The transporter shall deliver the entire quantity of hazardous waste which he has accepted from a generator or a transporter to the:
(a)
Designated facility listed on the manifest;
(b)
Alternate designated facility, if the hazardous waste cannot be delivered to the designated facility because an emergency prevents delivery;
(c)
Next designated transporter; or
(d)
Place outside the United States designated by the generator.
(2)
Emergency Condition. If the hazardous waste cannot be delivered in accordance with §B(1) of this regulation because of an emergency condition other than rejection of the waste by the designated facility, then:
(a)
The transporter shall contact the generator for further directions and shall revise the manifest according to the generator's instructions; and
(b)
The requirements of §B(5)—(7) of this regulation apply.
(3)
If hazardous waste is rejected by the designated facility while the transporter is on the facility's premises, and the rejection involves a partial load rejection or regulated quantities of container residues, the transporter shall:
(a)
Obtain a copy of the original manifest that includes:
(i)
The date and signature entered on the manifest by the facility;
(ii)
The manifest tracking number of the new manifest that will accompany the shipment of the rejected waste, entered in the manifest reference number line in the discrepancy block, Item 18a of the manifest; and
(iii)
A description of the partial rejection or container residue in the discrepancy block;
(b)
Retain a copy of the manifest described in §B(3)(a) of this regulation in accordance with §C of this regulation, and give the remaining copies of the original manifest to the rejecting designated facility;
(c)
Obtain a new manifest to accompany the shipment if the transporter is forwarding the rejected part of the shipment or a regulated container residue to an alternate facility or returning it to the generator; and
(d)
Assure that the new manifest required by §B(3)(c) of this regulation includes all the information required in COMAR 26.13.05.05C(5)(b), 26.13.05.05C(6)(b), or 26.13.06.05A.
(4)
If hazardous waste is rejected by the designated facility while the transporter is on the facility's premises, and the rejection involves full load rejection that will be taken back by the transporter, the transporter shall:
(a)
Obtain a copy of the original manifest that includes:
(i)
The date and signature entered on the manifest by the facility attesting to the rejection;
(ii)
The description of the rejection in the discrepancy block of the manifest; and
(iii)
The name, address, phone number, and EPA identification number for the alternate facility or generator to whom the shipment will be delivered, in Item 18b of the manifest;
(b)
Retain a copy of the manifest described in §B(4)(a) of this regulation in accordance with §C of this regulation;
(c)
Give a copy of the manifest described in §B(4)(a) of this regulation to the rejecting designated facility; and
(d)
If the original manifest is not used to accompany the shipment of the rejected load, obtain a new manifest for the shipment that has been prepared in compliance with COMAR 26.13.05.05C(5)(a), 26.13.05.05C(6)(a), or 26.13.06.05A.
(5)
Emergency Condition — Transporters Without Agency Authority.
(a)
If, as described in §B(2) of this regulation, hazardous waste is not delivered to the next designated transporter in accordance with §B(1)(c) of this regulation, and the current transporter is without contractual authorization from the generator to act as the generator's agent with respect to transporter additions or substitutions, then the current transporter shall contact the generator for further instructions before making any revisions to the transporter designations on the manifest.
(b)
The current transporter may, after receiving further instructions from the generator in accordance with §B(5)(a) of this regulation, and receiving authorization from the generator to make proposed revisions to the transporter designations on the manifest, make revisions to the transporter designations on the manifest if:
(i)
The hazardous waste is not delivered in accordance §B(1)(c) of this regulation because of an emergency condition; or
(ii)
The current transporter proposes to change the transporter or transporters designated on the manifest by the generator or proposes to add a new transporter during transportation, with the reason for the proposed change being the facilitation of a response to an emergency or for the purposes of transportation efficiency, convenience, or safety.
(6)
Emergency Condition — Transporters with Agency Authority. If, as described in §B(2) of this regulation, hazardous waste is not delivered to the next designated transporter in accordance with §B(1)(c) of this regulation, and the current transporter has authorization from the generator to act as the generator's agent, then the current transporter may change the transporter or transporters designated on the manifest, or add a new transporter, during transportation without the generator's prior, explicit approval, if:
(a)
The current transporter is authorized by a contractual provision that provides explicit agency authority for the transporter to make such transporter changes on behalf of the generator;
(b)
The transporter enters in Item 14 of each manifest for which a change under this authority is made the following statement of its agency authority: “Contract retained by generator confers agency authority on initial transporter to add or substitute additional transporters on generator's behalf.”; and
(c)
The change in designated transporters is necessary to respond to an emergency, or for purposes of transportation efficiency, convenience, or safety.
(7)
Emergency Condition — Generator Liability. The grant by a generator of authority to a transporter to act as the agent of the generator with respect to changes to transporter designations under §B(6) of this regulation does not affect the generator's liability or responsibility for complying with any applicable requirement under COMAR 26.13.01—.10, or grant any additional authority to the transporter to act on behalf of the generator.
C.
Record Keeping.
(1)
A transporter of hazardous waste shall keep a copy of the manifest signed by the generator, himself, and the next designated transporter or the owner or operator of the designated facility for a period of 3 years from the date the hazardous waste was accepted by the initial transporter.
(2)
For shipments delivered to the designated facility by water (bulk shipment), each water (bulk shipment) transporter shall retain a copy of a shipping paper containing all the information required in §A(5)(b) of this regulation for a period of 3 years.
(3)
For shipments of hazardous waste by rail within the State the following apply:
(a)
The initial rail transporter shall keep a copy of the manifest and shipping paper with all the information required in §A(6)(b) of this regulation for a period of 3 years from the date the hazardous waste was accepted by the initial transporter;
(b)
The final rail transporter shall keep a copy of the signed manifest, or the shipping paper if signed by the designated facility instead of the manifest, for a period of 3 years from the date the hazardous waste was accepted by the initial transporter;
(c)
Intermediate rail transporters are not required to keep records pursuant to these regulations.
(4)
A transporter who transports hazardous waste internationally out of the State shall keep a copy of the manifest, for a period of 3 years from the date the hazardous waste was accepted by the initial transporter, indicating that the hazardous waste left the United States.
(5)
The periods of retention referred to in this section are extended automatically during the course of any unresolved enforcement action regarding the regulated activity or as requested by the Secretary.
D.
Electronic Manifest Signatures. An electronic signature method used in connection with the electronic manifest system is acceptable only if:
(1)
Use of the method results in the creation of a legally valid and enforceable signature under applicable EPA and other federal requirements pertaining to electronic signatures; and
(2)
The method has been designed and implemented in a manner that EPA considers to be as cost-effective and practical as possible for the users of the manifest.
Regulation .03 Hazardous Waste Discharged.LinkCopy Citation
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.
Regulation .04 Bonding.LinkCopy Citation
A.
The Department as a condition to the issuance of a CHS Hauler Certificate shall require a person to secure a bond of not less than $50,000 for the purpose of indemnifying the State for abatement of pollution from the improper transportation or spill of CHS. The bond shall be executed by the permittee and corporate surety licensed to do business in the State.
B.
Alternative Financial Guarantees. Instead of a corporate surety, one of the following shall be acceptable:
(1)
Deposits of cash or negotiable bonds of the United States Government. The cash deposit or market value of the securities shall be equal at least to the required sum of the bond. The Department, on receipt of any deposit of cash or securities, immediately shall forward it to the State Treasurer, who shall receive and hold the bond in the name of the State, in trust, for the purposes for which the deposit is made. The State Treasurer at all times is responsible for the custody and safekeeping of these deposits. The person making the deposit may demand and receive from the State Treasurer the whole or any portion of any securities so deposited, on depositing with the State Treasurer other negotiable securities of the classes specified in this section having a market value at least equal to the sum of the bond.
(2)
A certificate of deposit, if it is equivalent to the required bond, issued by a bank within the State, and accompanied by written agreement of the bank to pay on demand to the State upon a finding of forfeit by the Secretary.
(3)
An instrument or other financial guarantee, such as an irrevocable letter of credit, which in the discretionary judgment of the Secretary adequately indemnifies the State.
C.
Upon expiration of the time limitations specified in the certification, the Department shall release the bond, provided that all provisions of the certificate and Environment Article, §§7-201—7-268, inclusive, Annotated Code of Maryland, have been satisfactorily met. Failure to fully comply with the provisions set forth above, or revocation of the certificate, shall constitute grounds for the Department to initiate forfeiture proceedings.
D.
Forfeiture Proceedings. The Department shall notify the permittee by registered mail of its intent to initiate forfeiture proceedings. The permittee has 30 days to show cause why the bond or cash deposit should not be forfeited.
Chapter annotations
Authority:
Environment Article, Title 7, Subtitle 2, Annotated Code of Maryland
History: Effective date:
History: Regulations .01—.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)
History: Regulations .01A—C, .02A, C amended, and .03C adopted effective July 30, 1984 (11:15 Md. R. 1330)
History: Regulation .01C adopted effective January 18, 1982 (9:1 Md. R. 20)
History: Regulations .01C and .02A and C amended effective January 31, 1983 (10:2 Md. R. 110)
History: Regulations .01C, .02A, .04A and C amended, and .01D—F adopted effective February 13, 1984 (11:3 Md. R. 202)
History: Regulations .02C and .03A amended effective January 18, 1982 (9:1 Md. R. 20)
History: Regulation .04 adopted effective January 18, 1982 (9:1 Md. R. 20)
History: Chapter recodified from COMAR 10.51.04 to COMAR 26.13.04
History: Regulation .01 amended effective June 18, 2018 (45:12 Md. R. 619)
History: Regulation .01A amended effective May 1, 2008 (35:8 Md. R. 809); January 13, 2022 (49:1 Md. R. 14)
History: Regulation .01C amended and G adopted effective December 23, 1991 (18:25 Md. R. 2759)
History: Regulation .01D amended effective September 7, 1998 (25:18 Md. R. 1438); October 1, 2025 (52:17 Md. R. 876)
History: 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)
History: Regulation .02 amended effective September 11, 2006 (33:18 Md. R. 1507); January 13, 2022 (49:1 Md. R. 14)
History: Regulation .02A amended effective April 18, 1988 (15:8 Md. R. 1009); August 28, 1995 (22:17 Md. R. 1321)
History: Regulation .03A and C amended effective December 23, 1991 (18:25 Md. R. 2759)
History: Regulation .03C amended effective May 1, 2008 (35:8 Md. R. 809)
History: Regulation .04 amended effective April 18, 1988 (15:8 Md. R. 1009)