Section 20-4263. STANDARDS APPLICABLE TO TRANSPORTERS OF HAZARDOUS WASTE

 

4263.1The provisions of 40 CFR Part 263 (Standards Applicable to Transporters of Hazardous Waste) are incorporated by reference, subject to the general modifications in 20 DCMR §§ 4200 through 4206 and the specific modifications in this section.

 

4263.2Except as provided in 20 DCMR § 4263.5, the provisions of 40 CFR § 263.12 (reduced requirements for transfer facilities) are excluded from the incorporation by reference. Instead, transfer facilities shall be considered storage facilities and subject to full regulation under 20 DCMR chapters 42 and 43.

 

4263.3Except as provided in 20 DCMR § 4263.5, a transporter shall not park a vacuum truck, pump truck, or tanker containing hazardous waste at a transfer facility or at any other location in the District of Columbia for more than twenty-four (24) hours.

 

4263.4Except as provided in 20 DCMR § 4263.5, a vacuum truck, pump truck, or tanker containing hazardous waste is to remain in the District for more than twenty-four (24) hours, the transporter shall transfer the contents to containers meeting the requirements of 40 CFR Part 264, Subpart I.

 

4263.5A public utility, as defined in D.C. Official Code § 34-214 (2001) and regulated by the Public Service Commission of the District of Columbia, shall comply with the provisions of 40 CFR Part 263, including the provisions of 40 CFR § 263.12, which are incorporated by reference with respect to the public utility, subject to the following:

 

(a)The provisions of 20 DCMR § 4263.5 shall apply only to hazardous waste generated by a public utility at remote locations and transported by the utility, in a vehicle owned or operated by the utility or its contractors, to a central collection facility owned and operated by the utility pursuant to an approval issued by the Department before October 29, 2004;

 

(b)The general modifications in 20 DCMR §§ 4200 through 4206 shall apply to the incorporation by reference of 40 CFR Part 263;

 

(c)The exclusions in 20 DCMR §§ 4264.2(a)(4), 4265.2(a)(4) and 4270.3(b) from the reduced requirements for transfer facilities provided in 40 CFR §§ 264.1(g)(9), 265.1(c)(12), and 270.1(c)(2)(vi), shall not apply to a central collection facility operated under 20 DCMR § 4263.5;

 

(d)The public utility shall comply with all applicable requirements for generators under these rules for hazardous waste generated at its remote locations and at the central collection facility;

 

(e)The public utility shall not park a vacuum truck, pump truck, or tanker containing hazardous waste at the central collection facility or any other location in the District for more than seven (7) days; and

 

(f)If a vacuum truck, pump truck, or tanker truck containing hazardous waste is to remain in the District for more than seven (7) days, the public utility shall transfer the contents to containers meeting the requirements of 40 CFR Part 264, Subpart I.

 

NOTE: Transporters of hazardous waste are also subject to regulation under the District of Columbia Hazardous Materials Transportation and Motor Carrier Safety Act of 1988, effective March 16, 1989, as amended (D.C. Law 7-190; D.C. Official Code §§ 8-1401 to 8-1405 (2001)), and the implementing rules in 18 DCMR chapter 14.

 

source

Final Rulemaking published at 52 DCR 9653 (October 28, 2005).

EditorNote

Transporters of hazardous waste are also subject to regulation under the District of Columbia Hazardous Materials Transportation and Motor Carrier Safety Act of 1988, effective March 16, 1989, as amended (D.C. Law 7-190; D.C. Official Code §§ 8-1401 to 8-1405 (2001)), and the implementing rules in 18 DCMR chapter 14.