7 Del. Admin. Code § 1302-263-A-263.12

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

Section 1302-263-A-263.12 - Transfer Facility Requirements

(a) A transporter who consolidates or stores manifested shipments of hazardous waste in containers meeting the independent requirements of § 262.30 for less than 10 days is an owner or operator of a transfer facility subject to the requirements of this section.

(1) When consolidating or storing hazardous waste, the transporter must mark its containers of 119 gallons or less with the following information:

(i) The words "Hazardous Waste"; and

(ii) The applicable EPA hazardous waste number(s) (EPA hazardous waste codes) in Subparts C and D of Part 261 of these regulations, or in compliance with §262. 32(c).

(2) [Reserved]

(b) A transporter commingling manifested shipments of hazardous waste in containers meeting the independent 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.

(1) When commingling the contents of two or more containers with the same hazardous waste into a new container, or when commingling two different hazardous wastes that are compatible with each other, the transporter must mark its containers of 119 gallons or less with the following information:

(i) The words "Hazardous Waste"; and

(ii) The applicable EPA hazardous waste number(s) (EPA hazardous waste codes) in Subparts C and D of Part 261 of these regulations, or in compliance with §262. 32(c).

(2) [Reserved]

(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:

(1) notifies the Solid and Hazardous Waste Management Section in writing prior to commencing the activity;

(2) maintains 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;

(3) does not open any containers or transport vehicles for any purpose, including adding absorbent to, or sampling, transferring, or treating hazardous waste;

(4) stores the waste in containers or transport vehicles which meet the design requirements specified by US DOT for each type of waste stored. During storage and shipment, these containers or transport vehicles must be packaged, labeled and marked in accordance with Subpart C of Part 262;

(5) does not handle or store containers or transport vehicles in a manner which would cause them to leak; and

(6) complies with the standards for hazardous waste discharges specified in § 263.30.

7 Del. Admin. Code § 1302-263-A-263.12

24 DE Reg. 711 (1/1/2021) (final)