Md. Code Regs. 26.13.02.04-3

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

Section 26.13.02.04-3 - Samples

A. Except as provided in §§B and D of this regulation, a sample of solid waste or a sample of water, soil, or air, the quantity of which is to be determined by the Department, which is collected for the sole purpose of testing to determine its characteristics or composition, is not subject to any requirement of this chapter, COMAR 26.13.03-26.13.07, or COMAR 26.13.09, or to the notification requirements of § 3010 of the Resource Conservation and Recovery Act, when the sample is being:

(1) Transported to a laboratory for the purpose of testing;

(2) Transported back to the sample collector after testing;

(3) Stored by the sample collector before transport to a laboratory for testing;

(4) Stored in a laboratory before testing;

(5) Stored in a laboratory after testing but before it is returned to the sample collector; or

(6) Stored temporarily in the laboratory after testing for a specific purpose (for example, until conclusion of a court case or enforcement action if further testing of the sample may be necessary).

B. In order to qualify for the exemption in §A(1) and (2) of this regulation, a sample collector shipping samples to a laboratory and a laboratory returning samples to a sample collector shall:

(1) Comply with U.S. Department of Transportation (DOT), U.S. Postal Service (USPS), or any other applicable shipping requirements; or

(2) Comply with the following requirements if the sample collector determines that DOT, USPS, or other shipping requirements do not apply to the shipment of the sample:

(a) Package the sample so that it does not leak, spill, or vaporize from its packaging; and

(b) Assure that the following information accompanies the samples:

(i) The sample collector's name, mailing address, and telephone number,

(ii) The laboratory's name, mailing address, and telephone number,

(iii) The quantity of the sample,

(iv) The date of shipment, and

(v) A description of the sample.

C. This exemption does not apply if the laboratory determines that the waste is hazardous but the laboratory is no longer meeting any of the conditions stated in §A of this regulation.

D. In order to qualify for the exemption in §A(1) and (2) of this regulation, the mass of a sample that will be exported to a foreign country or that will be imported to a U.S. laboratory from a foreign source may not exceed 25 kilograms.

Md. Code Regs. 26.13.02.04-3

Regulation .04-3A amended effective May 1, 2008 (35:8 Md. R. 809); amended effective 49:1 Md. R. 14, eff. 1/13/2022