7 Del. Admin. Code § 1302-263-A-263.10

Current through Register Vol. 28, No. 7, January 1, 2025

Section 1302-263-A-263.10 - Scope

(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. These regulations also apply to persons transporting hazardous waste into, out of, or through the State of Delaware that does not require a manifest under Part 262 and persons transporting used oil into, out of, or through the State of Delaware.

[Note: The regulations set forth in Parts 262 and 263 establish the responsibilities of generators and transporters of hazardous waste in the handling, transportation, and management of that waste. In these regulations, DNREC has expressly adopted certain regulations of the United States Department of Transportation (DOT) governing the transportation of hazardous materials. These regulations concern, among other things, labeling, marking, placarding, using proper containers, and reporting discharges. DNREC adoption of these DOT regulations ensures consistency with the requirements of DOT and thus avoids the establishment of duplicative or conflicting requirements with respect to these matters. These DNREC Regulations which apply to intrastate transportation of hazardous waste are enforceable by DNREC. DOT has revised its hazardous materials transportation regulations in order to encompass the transportation of hazardous waste and to regulate intrastate, as well as interstate, transportation of hazardous waste.

Transporters of hazardous waste are cautioned that DOT's regulations are fully applicable to their activities and enforceable by DOT. These DOT regulations are codified in Title 49, Code of Federal Regulations, Subchapter C. DOT regulations mean the most current regulations as promulgated to date in Title 49, CFR, Subchapter C].

(b) These regulations do not apply to on-site transportation of hazardous waste by generators or by owners or operators of permitted hazardous waste management facilities.

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

(1) Transports hazardous waste into the United States from abroad; or

(2) Mixes hazardous wastes of different DOT shipping descriptions by placing them into a single container.

(d) A transporter of hazardous waste that is being imported from or exported to any other country for the purposes of recovery or disposal is subject to this Subpart and to all other relevant requirements of Part 262, Subpart H of these regulations, including, but not limited to § 262.83(d) and § 262.84(d) for movement 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.

(g) These regulations do not apply to the transportation of waste from a very small quantity generator to a large quantity generator in accordance with § 262.14(a)(6)(viii) of these regulations.

(h) These regulations do not apply to the transportation of potentially creditable hazardous waste pharmaceuticals transported in accordance with Part 266, Subpart P of these regulations.

7 Del. Admin. Code § 1302-263-A-263.10

13 DE Reg. 852 (12/01/09)
14 DE Reg. 668 (01/01/11)
24 DE Reg. 711 (1/1/2021) (final)