Ariz. Admin. Code § 18-13-1409

Current through Register Vol. 30, No. 49, December 6, 2024

Section R18-13-1409 - Transporter License; Fees; Transportation

A. A transporter shall obtain a transporter license from the Department as provided under subsections (B) and (C) below in addition to possessing a permit, license, or approval if required by a local health department, environmental agency, or other governmental agency with jurisdiction.

B. A transporter license is valid for five years after issuance. To renew the license, the licensee shall submit an application under subsection (B)(1) no later than 60 days prior to the license's expiration and shall pay the fee provided in subsections (B)(2). With each application submitted for approval, the applicant shall remit an initial transporter license application fee in accordance with the Fee Table in subsection (B)(2). This subsection also lists the maximum fees that the Department will bill the applicant. All fees paid shall be payable to the state of Arizona. The Department shall deposit the fees paid into the Solid Waste Fee Fund established pursuant to A.R.S. § 49-881, unless otherwise authorized or required by law.

1. To apply for or to renew a transporter license, an applicant shall submit all of the following in a Department-approved format:

a. The name, address, and telephone number of the transportation company or entity.

b. All owners' names, addresses, and telephone numbers.

c. All names, addresses, and telephone numbers of any agents authorized to act on behalf of the owner.

d. A copy of either the certificate of disclosure required by A.R.S. § 49-109 or a written acknowledgment that this disclosure is not required.

e. Photocopies or other evidence of the issuance of a permit, license, or approval if required by a local health department, environmental agency, or other governmental agency with jurisdiction.

f. A copy of the transportation management plan as defined in R18-13-1401.

g. A list identifying each dedicated vehicle.

h. The initial transporter application license fee indicated in the Fee Table in (B)(2) for Transporter License Fees.

2. The new or renewal application license fee shall be calculated by multiplying the hourly rate of $122 by the number of personnel hours involved in inspecting each transporting vehicle, evaluating the application, and approving the license, which amount shall be subtracted from the initial application license fee on deposit. Any remaining surplus of the initial application license fee on deposit shall be returned to the applicant. Any cost that exceeds the initial application license fee on deposit shall be billed to the applicant, but shall not exceed the maximum.

Fee Table

Transporter License Fees

	Initial	Maximum
New Application	$2,000	$20,000
Renewal Application	$2,000	$20,000
Amendment Application	$100	$5,000

Frequency of Application for Transporter License

Year	Type of Application	Frequency
1	New	Once
6, 11, 16, etc.	Renewal	Every 5th Year

3. The Department may only issue a transporter license, including a renewal, if all of the items in subsection (B)(1) have been received and determined to be correct and complete, and a Department inspection of each transporting vehicle shows that the vehicle is in compliance with this Article.

4. Not hold biohazardous medical waste longer than specified under subsection (K)(3) unless the vehicle is parked at a Department-approved facility.

5. Except in emergency situations, not unload, reload, or transfer the biohazardous medical waste to another vehicle in any location other than a Department-approved facility. Combination vehicles or trailers may be uncoupled and coupled to another cargo vehicle or truck trailer as long as the biohazardous medical waste is not removed from the cargo compartment.

C. Transporters shall pay by the invoice due date an annual fee of $750 for each calendar year following payment of the new or renewal application license fee and subsequent years in which a renewal application license fee is not charged and paid, such as in the Transporters Annual Fee table.

Fee Table

Transporter Annual Fee

Years	Amount
2, 3, 4, 5, 7, 8, 9, 10, etc.	$750

D. Amendments. After issuance, the licensee shall submit to the Department any change to the information listed in subsection (B)(1) within 30 days of its occurrence. Vehicles may only be added to the license after a Department inspection shows that the vehicle is in compliance with this Article. Amendments adding vehicles to the license shall be processed after payment of inspection fees and other expenses at the rate listed in subsection (B)(2), except that the application fee shall be $100 and the maximum fee $5,000.

E. An applicant who disagrees with the final bill received from the Department for the amendment, issuance, renewal or denial of a transporter license or vehicle inspections may make a written request to the Director for a review of the bill and may pay the bill under protest. The request for review shall specify the matters in dispute and shall be received by the Department within 10 working days of the date of receipt of the final bill.

F. Unless the Department and applicant agree otherwise, the review shall take place within 30 days of receipt by the Department of the request. The Director shall make a final decision as to whether the time and costs billed are correct and reasonable. The final decision shall be mailed to the applicant within 10 working days after the date of the review and is subject to appeal pursuant to A.R.S. §§ 41-1092 through 1092.12.

G. A person who transports biohazardous medical waste shall maintain in each transporting vehicle at all times a transportation management plan.

H. A transporter who accepts biohazardous medical waste from a generator shall transmit electronically or leave a physical copy of the tracking document described in R18-13-1406(B) with the person from whom the waste is accepted. A transporter shall ensure that a copy of the tracking document accompanies the person who has physical possession of the biohazardous medical waste. Upon delivery to a Department-approved transfer, storage, treatment, or disposal facility, the transporter shall obtain a copy of the tracking document, signed by a person representing the receiving facility, signifying acceptance of the biohazardous medical waste.

I. A transporter who transports biohazardous medical waste in a dedicated vehicle shall ensure that the cargo box, trailer, or compartment can be secured to limit access to authorized persons at all times except during loading and unloading. In addition, the cargo box, trailer, or compartment shall be constructed in compliance with one of the following:

Ariz. Admin. Code § R18-13-1409

New Section adopted by final rulemaking at 5 A.A.R. 3776, effective September 17, 1999 (Supp. 99-3). Amended by final rulemaking at 18 A.A.R. 1217, effective July 1, 2012 (Supp. 12-2). Amended by final rulemaking at 27 A.A.R. 2801, effective 1/4/2022.