(a) These regulations establish standards which apply to persons transporting hazardous waste within the United States if the transportation requires a manifest under Part 262.

(c) A transporter of hazardous waste must also comply with Part 262, Standards Applicable to Generators of Hazardous Waste, if he:

(d) A transporter of hazardous waste subject to the manifesting requirements of Part 262, or subject to the waste management standards of Part 273, that is being imported from or exported to any of the countries listed in §262.58(a)(1) for purposes of recovery is subject to this Subpart and to all other relevant requirements of Subpart H of Part 262, including, but not limited to, §262.84 for tracking documents.

(e) The regulations in this part do not apply to transportation during an explosives or munitions emergency response, conducted in accordance with §264.1(g)(8)(i)(D) or (iv) or §265.1(c)(11)(i)(D) or (iv), and §122.1(c)(3)(i)(D) or (iii).

(f) Section 266.203 of these regulations identifies how the requirements of this part apply to military munitions classified as solid waste under §266.202.

(a) A transporter must not transport hazardous wastes without having received an EPA identification number from the Secretary.

(b) A transporter who has not received an EPA identification number may obtain one by applying to the Secretary using State of Delaware Notification of Regulated Waste Activity form and EPA Form 8700-12. Upon receiving the request, the Secretary will assign an EPA identification number to the transporter.

(c) A transporter must submit a subsequent State of Delaware Notification of Regulated Waste Activity Form (8700-12) whenever there is a change in name, mailing address, contact person, contact address, telephone number, ownership, type of regulated waste activity, or changes in the description of regulated wastes managed or permanently ceases the regulated waste activity. This subsequent notification must be submitted to the Secretary no less than 10 days prior to implementation of the change(s).

(a) A transporter consolidating and/or storing manifested shipments of hazardous waste in containers meeting the requirements of §262.30 for less than 10 days is an owner or operator of a transfer facility.

(b) A transporter commingling manifested shipments of hazardous waste in containers meeting the requirements of §262.30 is an owner or operator of a hazardous waste treatment and storage facility subject to the requirements of Parts 260-266, 268 and Parts 122 and 124 of these regulations.

(c) A transfer facility shall not be operated without prior written approval of the Secretary. No written approval shall be granted unless the owner or operator submits an application and fee, and demonstrates to the Secretary that the facility complies with §§ 264.16 and 264.112 and Part 264, Subparts C, D and I of these regulations.

(d) No written approval shall be granted unless the owner or operator demonstrates to the Secretary that the transfer facility location complies with the requirements of the Delaware Regulations Governing the Location of Hazardous Waste Storage, Treatment, and Disposal Facilities.

(e) Any hazardous waste transfer facility that ceases to operate or maintain approval status shall implement the approved closure plan within 30 days, unless an extension has been granted by the Secretary.

(f) Transfer of ownership of any hazardous waste transfer facility shall be consistent with the conditions of §122.40 of these regulations.

(g) A transfer facility owner or operator must maintain a log of the time and date on which each container or transport vehicle of hazardous waste is received or shipped, including the number from its manifest. Completed log records must be maintained on-site for a period of at least three years.

(h) Storage of manifested shipments of hazardous waste in containers or vehicles by a transporter at its own terminal for a period of 72 hours or less, provided no consolidation or commingling occurs, is exempted from the requirements of §263.12(a) through (g), provided that the transporter:

(a) (1) Manifest requirement. A transporter may not accept hazardous waste from a generator unless the transporter is also provided with a manifest signed in accordance with the requirements of §262.23.

(2) Exports. In the case of exports other than those subject to subpart H of 40 DRGHW part 262, a transporter may not accept such waste from a primary exporter or other person if he knows the shipment does not conform to the EPA Acknowledgment of Consent; and unless, in addition to a manifest signed by the generator as provided in this section, the transporter shall also be provided with an EPA Acknowledgment of Consent which, except for shipments by rail, is attached to the manifest (or shipping paper for exports by water (bulk shipment)). For exports of hazardous waste subject to the requirements of subpart H of 40 DRGHW part 262, a transporter may not accept hazardous waste without a tracking document that includes all information required by 40 DRGHW 262.84.

(3) Compliance Date for Form Revisions. The revised Manifest form and procedures in §260.10, 261.7, 263.20, and 263.21, shall not apply until September 5, 2006.

(b) Before transporting the hazardous waste, the transporter must sign and date the manifest acknowledging acceptance of the hazardous waste from the generator. The transporter must return a signed copy to the generator before leaving the generator's property.

(c) The transporter must ensure that the manifest accompanies the hazardous waste. In the case of exports, the transporter must ensure that a copy of the EPA Acknowledgment of Consent also accompanies the hazardous waste.

(d) A transporter who delivers a hazardous waste to another transporter or to the designated facility must:

(e) The requirements of paragraph (c), (d) and (f) of this section do not apply to water (bulk shipment) transporters if:

(f) For shipments involving rail transportation, the requirements of paragraphs (c), (d) and (e) do not apply and the following requirements do apply:

(ii) Return a signed copy of the manifest to the non-rail transporter;

(A) The next non-rail transporter, if any; or,

(B) The designated facility, if the shipment is delivered to that facility by rail; or

(C) The last rail transporter designated to handle the waste in the United States;

(g) Transporters who transport hazardous waste out of the United States must:

(1) Sign and date the manifest in the International Shipments block to indicate the date that the shipment left the United States;

(2) Retain one copy in accordance with §263.22(d); and

(a) The transporter must deliver the entire quantity of hazardous waste which he has accepted from a generator or a transporter to:

(b) If the hazardous waste cannot be delivered in accordance with paragraph (a) of this section, the transporter must contact the generator for further directions and must revise the manifest according to the generator's instructions.

(a) A transporter of hazardous waste must keep a copy of the manifest signed by the generator, himself, and the next designated transporter or the owner or operator of the designated facility for a period of three years from the date the hazardous waste was accepted by the initial transporter.

(b) For shipments delivered to the designated facility by water (bulk shipment), each water (bulk shipment) transporter must retain a copy of the shipping paper containing all the information required in §263.20(e)(2) for a period of three years from the date the hazardous waste was accepted by the initial transporter.

(c) For shipments of hazardous waste by rail within the United States:

(d) A transporter who transports hazardous waste out of the United States must keep a copy of the manifest indicating that the hazardous waste left the United States for a period of three years from the date the hazardous waste was accepted by the initial transporter.

(e) The periods of retention referred to in this section are extended automatically during the course of any unresolved enforcement action regarding the regulated activity or as requested by the Secretary.

(a) In the event of a discharge of hazardous waste during transportation, the transporter must take appropriate immediate action to protect human health and the environment (e.g., notify local authorities, dike the discharge area).

(b) If a discharge of hazardous waste occurs during transportation and an official (state or local government or a Federal Agency) acting within the scope of his official responsibilities determines that immediate removal of the waste is necessary to protect human health or the environment, that official may authorize the removal of the waste by transporters who do not have EPA identification numbers and without the preparation of a manifest.

(c) An air, rail, highway, or water transporter who has discharged hazardous waste must:

(d) A water (bulk shipment) transporter who has discharged hazardous waste must give the same notice as required by 33 CFR §153.203 for oil and hazardous substances.

(a) A transporter permit shall be issued for a specified period of time which will be determined by the Department. In no case, shall a permit be issued for a period greater than 5 years.

(b) A transporter may transport only those wastes for which he is specifically permitted to transport according to permit conditions;

(c) All vehicles covered by the permit shall carry at all times a copy of the approved permit and make it available for inspection upon request;

(d) A transporter shall at all times maintain insurance coverage that is in compliance with the requirements Federal DOT 49 CFR, Part 387.

(a) Permits may be amended or modified, upon application, for the following reasons;

(1) addition of a waste that will be transported by the permittee;

(2) addition or deletion in vehicle information, such as;

(3) changes in operation procedures;

(4) changes of address; or

(5) change of ownership.

(b) Permits may be modified, denied, terminated or revoked by the Secretary for the following reasons:

(1) Noncompliance by the permittee with any conditions of the permit, or requirements of these regulations; failure to pay annual permit fees;

(2) The permittee's failure in the application or during the permit issuance process to disclose fully all relevant facts, or the permittee's misrepresentation of any facts at any time, or failure to comply with the requirements of the application;

(3) A determination that the permitted activity endangers human health or the environment and can only be regulated to acceptable levels by permit modification, revocation or termination;

(4) If a permit is modified, revoked or terminated, the applicant shall be given a written explanation for the action and an opportunity to a public hearing in accordance with 7 Del.C., Chapter 60.

(5) A permit may be terminated at the written requested of the permittee for such reasons as, but not limited to: the company is no longer conducting the permitted activity in Delaware, or is no longer in business.

(c) If an application for a permit is denied, the applicant shall be given a written explanation for the denial and an opportunity to a public hearing in accordance with 7 Del.C., Chapter 60.

(d) Change of ownership. Upon a change in ownership, the new owner shall successfully demonstrate compliance with the requirements of this subpart no more than ten (10) days after the change of ownership.

(a) Any person who is required to obtain a permit for the transportation of wastes shall apply for such a permit in accordance with this subpart.

(b) Applications shall be completed and submitted on forms prescribed by the Department. The application shall contain, but not be limited to the following information;

(c) A fee, developed through regulation by the Department, must accompany each application. Applications received without the application fee will be returned to the applicant.

(d) Any person wishing to renew an existing permit that is to expire shall, not less than 90 days prior to the expiration date of the existing permit, submit to the Department, a permit renewal application with all supporting documentation and appropriate fees as required by these regulations.

(a) Basic knowledge of DOT's labeling, packing, placarding, and shipping requirements as set forth in 49 CFR and other applicable DOT requirements;

(b) Safe vehicle operations to avoid creating hazards to human health and environment;

(c) Knowledge of proper handling procedures for the wastes being transported;

(d) Familiarity with use of the most recent edition of the Emergency Response Guidebook for Hazardous Waste Materials published by DOT;

(e) A method to assure that the instruction program has been successfully completed (e.g., written or oral tests).

(a) All vehicles shall be operated and maintained so as to be in compliance with all state and federal regulations and not present a hazard through unsafe vehicle conditions. The permittee is responsible for all vehicles including leased vehicles and contractor vehicles operated under his permit;

(b) All vehicles must carry safety and emergency equipment in accordance with applicable DOT regulations to ensure public safety and protection to the environment;

(c) All vehicles shall be equipped and operated to prevent leakage of wastes to the environment;

(d) All vehicles shall carry on board spill containment equipment to ensure adequate containment in the event of a release of the waste from the vehicle;

(e) Open-bodied container vehicles carrying wastes that are subject to scattering or blowing must be fully covered by a tarpaulin or other such device so as to prevent any discharge or release of the waste to the environment;

(f) A permittee shall display the full name of the transporter on both sides of each vehicle and the transporter's permit number in figures at least three inches high and of a color which contrasts with the background, in a prominent position on each side and rear of each vehicle used for activities covered by this part;

(g) The operator of any vehicle used for activities covered by this part shall remain in attendance of such vehicle while the vehicle is being loaded and unloaded;

(h) The operator of a vehicle used for the transportation of hazardous waste shall not accept any hazardous waste from a generator or from another transporter if:

(j) All negative findings on the checklist must be corrected before the waste can be accepted for transportation.