Mich. Admin. Code R. 299.9404

Current through Vol. 24-10, June 15, 2024

Section R. 299.9404 - Transfer facility requirements

Rule 404.

(1) A transporter at a transfer facility shall comply with all of the following requirements:

(a) Manage vehicles and hazardous wastes so that hazardous waste and hazardous waste constituents cannot escape into the soil, directly or indirectly into surface or groundwaters, or uncontrolled into drains or sewers and so that fugitive emissions are controlled by closing, covering, or otherwise sealing containers, as required by 49 CFR 173.24(b), at all times unless the container is being filled or emptied of waste or is being cleaned.

(b) Store hazardous wastes, subject to manifesting requirements, in containers meeting the applicable requirements of 49 CFR parts 107 and 172 to 180 for a period of 10 days or less. Storage for a period of more than 10 days requires compliance with the treatment, storage, and disposal facility requirements of parts 5, 6, and 7 of these rules.

(c) Hazardous wastes must not be routed to the same transfer facility more than once during transportation, unless either of the following provisions applies:

(i) The load has been rejected by the treatment, storage, and disposal facility and the load is either being returned to the generator or is being sent to an alternate treatment, storage, and disposal facility.

(ii) A transporter was temporarily unable to deliver the waste for reasons unrelated to the suitability of the treatment, storage, and disposal facility to manage the waste, such as treatment, storage, and disposal facility maintenance or overbooking or delivery of the load after normal business hours, and rerouting was necessary to ensure subsequent delivery at the designated facility.

(d) When consolidating the contents of 2 or more containers with the same hazardous waste into a new container, or when combining and consolidating 2 different hazardous wastes that are compatible with each other, the transporter shall mark its containers of 119 gallons or less with the following information:

(i) The words "Hazardous Waste."

(ii) The applicable hazardous waste numbers, or in compliance with R 299.9305(1)(e).

(2) A transporter who off-loads hazardous wastes during transportation for the purpose of storage off of the vehicle or conveyance of waste in accordance with R 299.9503(1)(k) shall comply with all of the following requirements.

(a) The requirements of subrule (1) of this rule.

(b) For new activity, before the activity begins, provide notification to the department. Within 30 days of changes to information included in the notification a subsequent notification is required. The notification must include all of the following information:

(i) The transporter name and site identification number.

(ii) The transporter mailing address.

(iii) The transporter telephone number.

(iv) The owner of the transfer facility.

(v) The location and telephone number of all of the transfer facilities.

(vi) A description of the transfer activity performed at each transfer facility location.

(c) Obtain financial capability as specified in R 299.9711 for transfer facilities.

(d) The requirements of 49 CFR parts 130 and 172 to 180, and 40 CFR 263.31 concerning the use and management of containers.

(e) Secondary containment must be sufficiently impervious to prevent any hazardous waste or hazardous waste constituent released into the containment system from migrating out of the system to the soil, groundwater, or surface water.

(f) The requirements of 49 CFR 172.602, 172.702, 172.704, and 177.848 and 29 CFR part 1910, subpart L, and 1910.120(q) and 1910.132 to 1910.138 concerning preparedness and prevention, contingency planning and emergency procedures, and training.

(g) Maintain an inventory log that tracks manifested hazardous waste which is managed at the transfer facility by date of receipt, date of shipment off site, and manifest number. The inventory log, or similar documentation, must also include the date of the weekly inspection of the areas where containers are stored and the results of the inspection, including, at a minimum, any evidence of container failure, the condition of secondary containment, and remediation correcting any problems noted. Except as required in subdivision (a) of this subrule, the requirements of this subrule do not apply when, during transportation, there is a continuous physical link between vehicles or vehicles and pipelines for waste being off-loaded or, in the case of bulk-packagings authorized by 49 CFR 173.240, the break in the link between the transport vehicles is no longer than is necessary to accomplish the immediate transfer of the bulk packagings from 1 vehicle to another vehicle.

(3) Transfer facility operations must not occur at treatment, storage, and disposal facilities.

(4) 49 CFR parts 107, 130, and 171 to 180, and 29 CFR part 1910, subpart L, and 1910.120(q) and 1910.132 to 1910.138 are adopted by reference in R 299.11004.

Mich. Admin. Code R. 299.9404

1985 AACS; 1988 AACS; 1989 AACS; 1996 AACS; 1998 AACS; 2008 AACS; 2020 MR 14, Eff. 8/3/2020