Section 3745-273-38 - Off-site shipments- standards for large quantity handlers of universal waste(A) A large quantity handler of universal waste is prohibited from sending or taking universal waste to a place other than another universal waste handler, a destination facility, or a foreign destination.(B) If a large quantity handler of universal waste self-transports universal waste off-site, the handler becomes a universal waste transporter for those self-transportation activities and shall comply with the transporter requirements of rules 3745-273-50 to 3745-273-56 of the Administrative Code while transporting the universal waste.(C) If a universal waste being offered for off-site transportation meets the definition of hazardous materials under 49 CFR 171 to 49 CFR 180, a large quantity handler of universal waste shall package, label, mark, and placard the shipment, and prepare the proper shipping papers in accordance with the applicable department of transportation regulations under 49 CFR parts 172 to 180;(D) Prior to sending a shipment of universal waste to another universal waste handler, the originating handler shall ensure that the receiving handler agrees to receive the shipment.(E) If a large quantity handler of universal waste sends a shipment of universal waste to another handler or to a destination facility and the shipment is rejected by the receiving handler or destination facility, the originating handler shall either: (1) Receive the waste back when notified that the shipment has been rejected, or(2) Agree with the receiving handler on a destination facility to which the shipment will be sent.(F) A large quantity handler of universal waste may reject a shipment containing universal waste, or a portion of a shipment containing universal waste that he has received from another handler. If a handler rejects a shipment or a portion of a shipment, he shall contact the originating handler to notify him of the rejection and to discuss reshipment of the load. The handler shall: (1) Send the shipment back to the originating handler, or(2) If agreed to by both the originating and receiving handler, send the shipment to a destination facility.(G) If a large quantity handler of universal waste receives a shipment containing hazardous waste that is not a universal waste, the handler shall immediately notify Ohio EPA of the illegal shipment, and provide the name, address, and phone number of the originating shipper. Ohio EPA will provide instructions for managing the hazardous waste.(H) If a large quantity handler of universal waste receives a shipment of non-hazardous, non-universal waste, the handler may manage the waste in any way that is in compliance with applicable law.Ohio Admin. Code 3745-273-38
Eff 9-2-97
Rule promulgated under: RC Chapter 119.
Rule authorized by: RC 3734.12
Rule amplifies: RC 3734.12
119.032 review date: Exempt
This rule is promulgated so that Ohio may administer a hazardous waste program as required by Section 6926 of the Resource Conservation and Recovery Act (42 U.S.C. Section 6901 ET SEQ.) and federal regulations promulgated thereunder ( 40 C.F.R. Part 271)