Section 30.408 - Hazardous Wastes in Transit(1) A hazardous waste transporter shall expeditiously transport all shipments of hazardous waste directly from the generator to the facility designated on the manifest, except that the provisions of 310 CMR 30.408(2) shall apply if: (a) there is a delay in the acceptance of the hazardous waste by the designated facility; or(b) there are weather delays or vehicle breakdowns; or(c) the driver is ill or "out of hours" pursuant to 49 CFR 395.3; or(d) the shipment originated from a prescheduled sequence of combined less-than-truckload pickups from individual generators; or(e) the hazardous wastes being shipped originated from water-contaminated tanks; or(f) the hazardous waste was generated pursuant to an emergency response pursuant to M.G.L. c. 21E.(2) In the event of the occurrence of one or more of the conditions listed in 310 CMR 30.408(1)(a) through (f), the shipment of hazardous waste shall be held by the transporter in the transporter's vehicle in the original container(s) or tank(s) either in a licensed hazardous waste facility or in a transportation-related area. The hazardous waste may be held without being subject to the storage requirements of 310 CMR 30.000, for a period of up to five days, not including weekends or state holidays, provided that the containers are in compliance with the requirements set forth in 310 CMR 30.321 through 30.324. While hazardous waste is being held, the transporter's vehicle shall remain operational at all times so that the vehicle, (including any trailer) can be immediately moved. Parking of the vehicle shall be in compliance with 49 CFR § 397.7.(3) A transporter who intends to or does hold a shipment of hazardous waste at any location for a period longer than 48 hours shall immediately notify the local fire chief.(4) Notwithstanding the provisions of 310 CMR 30.408(2), a transporter may hold hazardous waste at or near a school or in a residentially zoned area if work is being conducted at such location or for the purpose of an emergency response pursuant to M.G.L. c. 21E.(5) The transporter shall not unload any hazardous waste from the vehicle between the site of generation and the facility designated on the manifest except in the following circumstances: (a) a vehicle breakdown requires the transfer of the hazardous waste to another authorized vehicle for the purpose of continuing transportation; or(b) hazardous waste is unloaded from the vehicle and is transferred directly to another authorized vehicle at a facility which has a condition in its license that allows such transfers for the particular wastes being transported.Amended by Mass Register Issue 1404, eff. 11/15/2019.