7 Del. Admin. Code § 1301-7.0
Current through Register Vol. 28, No. 4, October 1, 2024
Section 1301-7.0 - Transporters7.1 General Provisions (applicable to all persons transporting solid waste in Delaware) 7.1.1 No person shall transport solid waste, without first having obtained a permit from the Department, unless specifically exempted by these Regulations. Refer to Section 4 of these Regulations, PERMIT REQUIREMENTS AND ADMINISTRATIVE PROCEDURES.7.1.2 Any vehicle used to transport solid waste shall be so constructed or loaded as to prevent its contents from dropping, sifting, leaking, or otherwise escaping therefrom, in accordance with 21 Del.C. § 43717.1.3 The transporter will be responsible for all costs of cleaning up a discharge of solid waste from the vehicle.7.1.4 Compliance with these regulations does not release a transporter from the obligation of complying with any other applicable laws, regulations or ordinances. Additional waste transporter regulations may apply to transporters of special wastes, e.g. infectious waste. Refer to Section 11 of these Regulations, SPECIAL WASTES MANAGEMENT.
7.1.5 Each vehicle used to transport solid waste and required to have a transporter's permit must carry a copy of the permit in the vehicle. The permit must be presented upon request to any law enforcement officer or any representative of the Department.7.1.6 A written request to transfer a permit must be received 90 days prior to the date of the proposed transfer. For permit transfer procedures, refer to Section 4.1.8 of these Regulations, PERMITTING.7.1.7 Permitted solid waste transporters shall not use agents or subcontractors who do not hold permits for transporting solid waste.7.2 Provisions Applicable To Transporters Required To Have A Solid Waste Transporter's Permit 7.2.1 Applicability. Section 7.2 applies to all transportation activities in Delaware except the following: 7.2.1.1 Transportation of household waste generated in a Delaware residence and transported by the generator of the household waste or transported in a non-commercial capacity, in a vehicle having a gross vehicle weight less than or equal to 26,000 (twenty-six thousand) pounds.7.2.1.2 On-site transportation of solid waste (i.e., the point of generation and the point of treatment or disposal are on the same site and the vehicle transporting the solid waste will not at any time leave the site).7.2.1.3 Transportation of solid waste generated on a farm in Delaware and transported by the generator of the waste (this exclusion shall not apply to the transportation of infectious waste, petroleum-hydrocarbon contaminated soils, or waste containing asbestos).7.2.2 Instruction and Training. All drivers of solid waste transportation vehicles, and all of the transporter's employees who may handle solid waste subject to these regulations, shall receive instruction in how to perform transportation duties in a way that ensures compliance with all applicable regulations and requirements. The instruction shall include, but not necessarily be limited to, the following: 7.2.2.1 Knowledge of current DOT Motor Carrier Safety Regulations.7.2.2.2 Safe vehicle operations to avoid creating hazards to human health, safety, welfare, or the environment.7.2.2.3 Knowledge of proper handling procedures for the type of solid waste being transported.7.2.2.4 Familiarity with the approved accidental discharge containment plan.7.2.2.5 Familiarity with the conditions of the solid waste transporter's permit. It shall be the responsibility of the transporter to ensure that all drivers and other employees that may handle solid waste receive instruction as described above as frequently as necessary to maintain a level of knowledge that will ensure safe operation of the vehicle during transportation of the solid waste and proper management of an accidental discharge. A description of the driver training program shall be included with the permit application.7.2.3 Vehicle Requirements 7.2.3.1 All vehicles used in the transportation of solid waste shall be operated and maintained so as to be in compliance with all state and federal regulations and not present a hazard to human health or the environment through unsafe vehicle conditions. The permittee is responsible for the operation and maintenance of all vehicles including leased vehicles operated under his/her permit.7.2.3.2 All vehicles must carry safety and emergency equipment in accordance with applicable DOT regulations to ensure protection of the public and the environment.7.2.3.3 All vehicles must carry spill containment materials appropriate to the type of solid waste being transported.7.2.3.4 Each vehicle engaged in the transportation of solid waste must be fully enclosed or covered to prevent the discharge or release of solid waste to the environment.7.2.3.5 The transporter's name shall be prominently displayed on both sides of the vehicle in figures at least three inches high and of a color that contrasts with the color of the vehicle.7.2.3.6 The transporters' permit number shall be prominently displayed on both sides and the rear of the vehicle in figures at least three inches high and of a color that contrasts with the color of the vehicle.7.2.4 Proof of financial responsibility for sudden and accidental discharges shall be maintained by the transporter. This financial responsibility may be established by any one or a combination of the following:7.2.4.1 Automobile liability insurance7.2.4.1.1 For-hire carriers in interstate commerce shall at all times maintain insurance coverage that is in compliance with 49 CFR Part 387 and shall submit a Certificate of Insurance with MCS-90 endorsement demonstrating compliance with this regulation.7.2.4.1.2 Transporters who transport bulk liquid or bulk gaseous industrial waste, shall at all times maintain commercial automobile liability insurance with a combined single limit of at least $750,000 with MCS-90 endorsement and shall submit a Certificate of Insurance with MCS-90 endorsement demonstrating compliance with this regulation.7.2.4.1.3 Transporters who transport infectious waste in interstate commerce shall at all times maintain commercial automobile liability insurance with a combined single limit of at least $1,000,000 with MCS-90 endorsement. Transporters who transport infectious waste in intrastate commerce shall at all times maintain commercial automobile liability insurance with a combined single limit of at least $750,000 with MCS-90 endorsement. Infectious waste transporters shall submit a Certificate of Insurance with MCS-90 endorsement demonstrating compliance with this regulation.7.2.4.1.4 All other carriers shall at all times maintain commercial automobile liability insurance with a combined single limit of at least $350,000 and shall submit a Certificate of Insurance demonstrating compliance with this regulation.7.2.4.2 Self insurance equal to or exceeding the above automobile liability insurance limits, and approved by the Department.7.2.4.3 Other proof of financial responsibility approved by the Department.7.2.5 Management of Accidental Discharges 7.2.5.1 All applicants for a permit to transport solid waste shall submit to the Department a plan for the prevention, control, and cleanup of accidental discharges of the solid waste. No permit will be issued to a transporter until such a plan has been submitted to and approved by the Department.7.2.5.2 A copy of the plan shall be maintained in each vehicle engaged in the transportation of solid waste.7.2.5.3 All accidental discharges of solid waste from a vehicle shall be immediately and completely remediated. If the solid waste cannot be immediately and completely remediated, or if it has the potential to cause damage to the environment or to public health, the discharge shall be immediately reported to the Department. (Accidental discharges of infectious waste are regulated under Section 11, Part 1)7.2.5.4 The transporter will be responsible for all costs of remediating a discharge of solid waste from the vehicle.7.2.6 Recordkeeping. The following records must be retained by the transporter for at least three years:7.2.6.1 The solid waste transporter's permit.7.2.6.2 Documentation of the training provided to drivers.7.2.6.3 Insurance documents sufficient to demonstrate compliance with Section 7.2.4 of these regulations.7.2.6.4 Records of spills or releases of solid waste that exceed five (5) pounds or one (1) cubic foot that occur during the transportation of solid waste in Delaware, and descriptions of the remedial actions taken.7.2.6.5 The transporter's annual report required under Section 7.2.7.7.2.7 Reporting and Documentation 7.2.7.1 Each transporter that picks up and/or deposits solid waste in Delaware shall submit an annual report on a form provided by the Department, summarizing information from the preceding calendar year. This report shall be submitted to the Department by April 1 of the year following the year covered by the report. The information contained in the report shall include, but not be limited to, the following: 7.2.7.1.1 Types and weights of solid waste transported in, into, or out of the state.7.2.7.1.2 Actual amounts of solid waste by weight and type delivered to each destination when transported to or from facilities equipped with truck scales. Amounts may be estimated only when truck scales are not available during the waste transportation process.7.2.7.1 Any vehicle transporting solid waste through Delaware shall carry documentation indicating the state in which the solid waste was picked up, the date on which it was picked up, and the state in which it will be deposited.7 Del. Admin. Code § 1301-7.0
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