# COMAR Title 26 — Department of the Environment

## Subtitle 13 — Disposal of Controlled Hazardous Substances

### Chapter 13 — Standards Applicable to Transporters of Special Medical Waste

**Authority:** Environment Article, §§7-201 et seq., 9-252, and 9-314, Annotated Code of Maryland

**Administrative History:** Effective date:

**Administrative History:** Regulations .01—.04 adopted as an emergency provision effective September 28, 1988 (15:22 Md. R. 2549); emergency status extended at 16:4 Md. R. 493 (Emergency provisions are temporary and not printed in COMAR)

**Administrative History:** Regulations .01—.04 adopted effective April 3, 1989 (16:6 Md. R. 733)

**Administrative History:** Regulation .01 amended effective April 20, 1998 (25:8 Md. R. 599)

**Administrative History:** Regulation .01C amended effective June 18, 2018 (45:12 Md. R. 619)

**Administrative History:** Regulation .02 amended effective April 20, 1998 (25:8 Md. R. 599)

**Administrative History:** Regulation .02C amended effective December 23, 1991 (18:25 Md. R. 2759)

**Administrative History:** Regulation .03 amended effective April 20, 1998 (25:8 Md. R. 599)

**Administrative History:** Regulation .03C amended effective April 21, 2008 (35:8 Md. R. 812)

#### Regulation .01 General.

*COMAR 26.13.13.01*

A. Scope.

  (1) These regulations establish standards which apply to persons transporting special medical waste within the State if the transportation requires a shipping paper under COMAR 26.13.12.

  (2) These regulations do not apply to on-site transportation of special medical waste by generators or by owners or operators of permitted special medical waste management facilities.

  (3) A transporter of special medical waste shall also comply with COMAR 26.13.12 if the transporter transports special medical waste into the United States from abroad.

B. State Identification Number.

  (1) A transporter may not transport special medical wastes without having received a State identification number from the Secretary.

  (2) A transporter who has not received a State identification number may obtain one by applying to the Secretary.

C. Certificate.

  (1) General.

    (a) A person may not transport special medical waste to a facility within the State or from a source within the State unless the person obtains a certificate from the Department. A special medical waste hauler certificate is required of persons engaged in transporting special medical wastes.

    (b) Transporters using vehicles or articulated transports to transport special medical waste to a facility within the State or from a source within the State shall carry the vehicle certificate in the cab of the special medical waste vehicle.

  (2) As a condition to the issuance of a certificate, a person shall:

    (a) Secure a bond of not less than $10,000 for the purpose of indemnifying the State for abatement of pollution resulting from the improper transportation or spill of special medical waste;

    (b) Pay a yearly fee for certification not to exceed $50 per vehicle used for hauling special medical waste; and

    (c) Submit a certificate of safety inspection for each vehicle as provided in Regulation .01F of this chapter.

  (3) Certification.

    (a) A request for certification shall be submitted in writing and shall include:

      (i) Information pertaining to the nature and quantity of the special medical waste to be transported;

      (ii) The source and destination of the waste;

      (iii) The method of transportation;

      (iv) Specific information pertaining to the vehicles used to transport special medical waste, such as vehicle age and construction specifications;

      (v) The safety inspection of the vehicle; and

      (vi) The fee for certification.

    (b) Failure to provide the information required in §C(3)(a) of this regulation, the fee for certification, or other information required by the Department shall constitute grounds for denial of certification.

    (c) The certification shall be carried in the vehicle at all times and presented upon request.

  (4) This regulation does not apply to transportation within sites such as transport of a special medical waste from an on-site storage area to an on-site waste treatment facility.

  (5) Personnel of the Department approved by the Secretary are certified special medical waste transporters.

  (6) Interstate Certificates.

    (a) Interstate carriers with more than ten trucks operating in or out of the State, and servicing more than three states, may apply for interstate certificates if the carrier:

      (i) Has five vehicle certificates currently issued; and

      (ii) Meets the insurance requirements of 49 CFR Part 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 shall 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.

  (7) The Department may require the applicant to report periodically, on a form provided by the Department, on the source, disposal destination, volume, and nature of the special medical waste transported.

D. Standards for Vehicles.

  (1) A person shall transport special medical waste in a leakproof, noncompacting, and fully enclosed vehicle compartment.

  (2) A person shall transport special medical waste in a manner that prevents any nuisance condition.

E. Stoppage.

  (1) Except under the supervision of the Department during an emergency, a special medical waste hauler may not store special medical waste except in an approved facility. Storage in a special medical waste vehicle does not include periods of stoppage, as defined by §E(2) of this regulation.

  (2) Stoppage is a period of time not to exceed 72 hours during which a special medical waste vehicle is at rest. The cumulative period of stoppage may not exceed 5 days for a particular shipment of special medical waste within the State. Any stoppage in excess of 12 hours shall be at an authorized facility or other suitable site.

F. Safety Inspection.

  (1) Before a person may receive a special medical waste vehicle certificate, the person shall provide written proof that the vehicle has passed a safety inspection as provided in §F(2)—(4) of this regulation within 60 days before the date of the application.

  (2) A safety inspection for a special medical waste vehicle includes each of the following:

    (a) Windshield wipers and washers;

    (b) Headlights, taillights, and signal lights;

    (c) Exhaust system;

    (d) Wheels, tire wear, and tire pressure;

    (e) Glass and mirrors;

    (f) Horn; and

    (g) Brakes.

  (3) A safety inspection may only be performed by a state agency authorized to perform vehicle safety inspections or by a commercial establishment authorized by a state to perform vehicle safety inspections.

  (4) A motor vehicle of the current or preceding model year that has not been previously titled or registered and for which the ownership document is a manufacture's certificate of origin is excluded from the requirements of §F(1)—(3) of this regulation for a period of 12 months from the month of initial titling.

G. A person subject to this chapter shall comply with the applicable requirements of U.S. Department of Transportation Hazardous Materials Regulations, 49 CFR 171—178, which are incorporated by reference.

#### Regulation .02 Shipping Papers.

*COMAR 26.13.13.02*

A. Shipping Papers. A transporter of special medical waste may not accept special medical waste from a generator unless the waste is accompanied by a shipping paper prepared by the generator in accordance with COMAR 26.13.12.04.

B. Delivery Requirements.

  (1) The transporter shall deliver the entire quantity of special medical waste which the transporter has accepted from a generator or a transporter to:

    (a) The facility designated by the generator;

    (b) An alternate facility designated by the generator, if the special medical 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) If the special medical waste cannot be delivered in accordance with §B(1) of this regulation, the transporter shall contact the generator for further directions.

#### Regulation .03 Special Medical Waste Discharge.

*COMAR 26.13.13.03*

A. Immediate Action.

  (1) If a discharge of special medical waste occurs 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 (866) 633-4686.

  (2) If a discharge of special medical waste occurs during transportation, and an official of a 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 State identification numbers.

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

    (a) Give notice, if required by 40 CFR §171.15, to the National Response Center, (800)424-8802;

    (b) Submit a report in writing to the Department.

  (4) A water (bulk shipment) transporter who has discharged special medical waste shall give notice under 33 CFR §153.203 to the National Response Center, (800) 424-8802 or, in the District of Columbia, (202) 276-2675, and to the State, (866) 633-4686.

B. Discharge Clean Up. A transporter shall clean up any special medical 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 special medical waste discharge no longer presents a hazard to human health or the environment.

C. All references to 49 CFR in COMAR 26.13.11—26.13.13 mean 49 CFR as it has been adopted as of October 1, 2007.

#### Regulation .04 Bonding.

*COMAR 26.13.13.04*

A. The Department, as a condition to the issuance of a special medical waste hauler certificate, shall require a person to secure a bond of not less than $10,000 for the purpose of indemnifying the State for abatement of pollution from the improper transportation or spill of special medical waste.

B. Execution of Bond.

  (1) The bond shall be executed by the permittee and corporate surety licensed to do business in the State.

  (2) Instead of a corporate surety, either of the following shall be acceptable:

    (a) 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.

    (b) 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.

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, §§7-210—7-268, inclusive, 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.