Md. Code Regs. 26.13.03.05

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

Section 26.13.03.05 - Pretransport Requirements

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 .

Agency Note: See COMAR 26.13.04.02 a A(5) or (6) for special provisions for rail or water (bulk shipment) transporters who deliver hazardous waste by rail or water to the designated facility.

(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:

"HAZARDOUS WASTE-Federal Law Prohibits Improper Disposal. If found, contact the nearest police or public safety authority or the U. S. Environmental Protection Agency.

Generator's Name and Address

_________________________.

Generator's EPA Identification Number

_________________________.

Manifest Tracking Number

___________________________________________.

EPA Hazardous Waste Number(s)

___________________________________________. "

(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.

Md. Code Regs. 26.13.03.05

Regulations .05 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)
Regulations .05E amended effective February 13, 1984 (11:3 Md. R. 202)
Regulations .05D, E amended effective January 18, 1982 (9:1 Md. R. 20)
Regulations .05E; amended, effective July 30, 1984 (11:15 Md. R. 1330); amended effective 48:9 Md. R. 359, eff. 5/3/2021