Section 250-RICR-140-10-1.8 - Transporters1.8.1Applicability:A. These rules shall apply to all transporters of hazardous waste and septage, except for: 1. On-site transportation of hazardous waste, per 40 C.F.R. § 263.10(b), and on-site transportation of used oil or septage.2. Transportation during an explosives or munitions emergency response per 40 C.F.R. § 263.10(e).1.8.2Permit Requirements:A. No person shall transport any hazardous wastes, used oil or septage, but not including precious metal bearing wastes, in or on the land or waters of the state unless such person shall first have obtained a Hazardous Waste, used oil, or Septage Transporter Permit or temporary permit (as applicable) from the Director. However, this rule shall not apply to the following activities:1. The transportation of sewage sludge being produced at publicly owned or privately-owned treatment plants, except where the sludge fails EPA's characteristics for hazardous waste as defined in Subpart C of 40 C.F.R. Part 261.2. The use of non-permitted vehicles to collect and transport hazardous waste or used oil in emergency situations that present a threat to public health and safety. In the event of an emergency situation, the Department shall be immediately notified of each vehicle used for the cleanup and transportation of hazardous waste. After the notification, all collected hazardous waste or used oil shall be managed in accordance with the Department's Rules and Regulations.3. The transportation of animal waste produced at farms.4. A transporter that transports household refuse, unless he has cause to believe that the household refuse contains hazardous waste.5. The use of non-permitted vehicles to transport less than one liter of hazardous waste derived solely as a by-product of sampling activities.6. The use of non-permitted vehicles to transport hazardous waste for situations that satisfy 40 C.F.R. § 262.20(f).7. The transportation of any hazardous waste defined as a universal waste, per § 1.5 of this Part, and being managed as a universal waste.8. The transportation of waste military munitions (as defined in 40 C.F.R. §§ 266.201 and 266.202) that satisfy the conditions of 40 C.F.R. § 266.203.9. The transportation of 55 gallons or less of PCB contaminated waste that does not otherwise meet the definition of hazardous waste, generated at a field service location by a public utility to a generator-owned location that has an existing US EPA Identification Number for the generation of hazardous waste.10. Self-transport of hazardous waste generated by a Conditionally Exempt Small Quantity Generator to a facility authorized to accept such waste.11. Transportation of household hazardous waste, from households to a Household Hazardous Waste Facility, Community Collection Center or Hazardous Waste Management Facility.B. For transporter permits, an application fee of $100.00 per transportation unit shall be paid by the hazardous waste, used oil or septage transporter. An application fee of $50 per transportation unit shall be paid by a transporter of septage that is generated in marine vessels. For transporter temporary permits, an application fee of $25 per transportation unit shall be paid by the hazardous waste, used oil or septage transporter.C. The hazardous waste, used oil or septage transporter's permit will be issued for a period not to exceed one (1) year.D. The hazardous waste, used oil or septage transporter's temporary permit will be issued for a period not to exceed thirty-one (31) days.E. The permit or temporary permit will be granted or renewed only for those hazardous waste, used oil or septage transportation units that are listed on the permit application and that pass self-inspection. A permit decal, or temporary permit decal, as appropriate, will be issued for each transportation unit that passes the inspection. This decal is not transferable to any other transportation units. The transporter shall maintain his permitted transportation units in compliance with inspection requirements, per §1.8.8 of this Part, at all times. The Department reserves all rights to conduct inspections by Department personnel to verify and ensure compliance with regulatory requirements.F. A permitted hazardous waste transporter may also transport shipments of used oil in accordance with the requirements of § 1.16 of this Part.1.8.3Permit Application Requirements:A. Applications for a transporter permit or temporary permit shall be submitted to the Director on forms provided by the Department and accompanied by the appropriate permitting fee (as specified in §1.8.2 of this Part) per transportation unit identified on the permit application. All transportation units used in the transportation of hazardous waste, used oil or septage shall be included on the permit application.B. All transporter applications shall include the following: 3. EPA I.D. No. (hazardous waste and used oil transporters only).4. Business phone number.6. The name, address and phone number of the applicant's personnel who can be reached in case of an emergency.7. Year, make, VIN, and registration number of each transportation unit being permitted to transport hazardous waste, used oil or septage.8. Locations to be used for the temporary storage (up to 72 hours) of hazardous waste in transportation units.9. For hazardous waste transporters only, a criminal background check shall be submitted by the applicant consistent with R.I. Gen Laws § 23-19.1-10(e). Each criminal background check shall be accompanied by a notarized affidavit from the applicant attesting to the veracity of the criminal background check.C. The hazardous waste or used oil transporter shall maintain liability insurance, including the hazardous materials rider (MCS 90) as specified in 49 C.F.R. § 387.7(d), sufficient to provide coverage of $1,000,000.00 (one million dollars) per incident. However, transporters engaged exclusively in the transportation of septage need maintain liability insurance only sufficient to provide coverage of $300,000.00 (three hundred thousand dollars) per incident.D. The hazardous waste transporter shall apply for and obtain an EPA I.D. No. Hazardous waste transporters, covered by the federal system shall apply directly to the Regional Office of the Environmental Protection Agency. Hazardous waste transporters not covered under the federal system shall apply for an EPA I.D. No. through the Department.1.8.4General Requirements:A. It shall be the responsibility of the hazardous waste transporter to obtain all other required licenses and permits from other state and federal agencies prior to transporting any hazardous waste.B. The transporter is prohibited from transporting extremely hazardous waste (waste bearing the code R006 under item 13 of the Manifest), on the following roads:C. Table 1: List of prohibited travel roads for extremely hazardous waste: Table 1: List of Prohibited Travel Roads for Extremely Hazardous Waste |
Town(s) | Road | From | To |
Scituate, Johnston and Foster | Route 6 | Route 94 Foster | Hopkins Ave. Johnston |
Scituate and Smithfield | Route 116 | Scituate Ave. Scituate | Snake Hill Road Smithfield |
Scituate and | Route 12 | Route 14 | Route 116 |
Cranston | Scituate | Scituate |
Scituate | Route 14 | Route 102 | Route 116 |
Scituate and Foster | Route 102 | Route 94 Foster | Snake Hill Road Glocester |
Scituate and Foster | Central Pike | Route 94 Foster | Route 102 Scituate |
Scituate | Danielson Pike | Route 6 | Route 6 |
Scituate | Rocky Hill and Peeptoad Rd. | Route 101 | Route 116 or Sawmill Road |
Foster, Glocester and Scituate | Route 101 | Route 94 Foster | Route 6 Scituate |
Smithfield and North Smithfield | Reservoir Road | In its entirety |
Smithfield and Lincoln | Route 295 | Douglas Pike (Exit 8 of Rt. 295) Lincoln | Route 146 (Exit 9 of Rt. 295 |
Warren | School House Road | Birch Swamp Road | Long Lane |
Warren | Serpentine Road | In its entirety |
Jamestown | North Main Road | Route 138 | East Shore Road |
Newport and Middletown | Bliss Mine Road |
Middletown | Miantonomi Avenue | Bliss Mine Road | Valley Road |
Middletown | Valley Road | Miantonomi Road | Route 138 |
Foster | Route 94 | Route 101 | Route 102 Scituate |
Foster and Scituate | Old Plainfield Pike | Route 102 | Route 12 Scituate |
Middletown | Aquidneck Avenue | Wave Avenue | Valley Road |
Middletown | Wave Avenue | In its entirety |
Little Compton and Tiverton | Route 77 | Peckham Road Little Compton | Route 179 Tiverton |
Tiverton | Neck Road | In its entirety |
Little Compton | Peckham Road | Route 77 | Burchard Road |
Little Compton | Burchard Road | In its entirety |
Cumberland | Reservoir Road | Route 114 | Massachusetts Line |
Cumberland | Route 120 | Mendon Road | Massachusetts Line |
E. The roads on which the transportation of extremely hazardous waste is prohibited as listed in §1.8.4(B) of this Part shall be posted conspicuously in the cab of each vehicle registered to the permittee.F. Extremely hazardous waste that is generated on roads on which the transportation of extremely hazardous waste is prohibited may be transported on these roads with prior permission of the Director.G. In the event of a spill of hazardous waste by the transporter, he shall notify the Department immediately of the spill. In all cases of spills, the transporter shall immediately take steps to contain and clean up the hazardous waste.H. The transporter shall submit to the Department as part of the application the following: 1. A description of the procedures that shall be employed by the transporter, pursuant to §1.8.9 of this Part in responding to spills or other emergency situations that could arise during transporters' operations. Specific references shall be made to: a. The training or instruction that the hazardous waste transporter personnel shall receive,b. The emergency and safety equipment required to be on the transportation unit at all times, andc. The arrangements for emergency services.2. A description of the absorbent material to be used for the cleanup of liquids.I. The transporter of hazardous wastes that are received in Rhode Island or that are destined for delivery to hazardous waste management facilities within Rhode Island shall not accept these wastes unless the containers of these wastes are labeled in accordance with § 1.7 of this Part.J. The transporting vehicle shall be marked on both sides and the back with the name and permit number of the transporter. These markings shall be painted on the vehicle in permanent contrasting colors and shall be visible and legible from a distance of fifty (50) feet (marking size shall be no less than three inches in height). The official waste transporter decal(s) provided by the Department shall be kept clean and legible.K. Transporters of hazardous wastes into the United States or who mix wastes of different USDOT descriptions into a single container shall comply with all generator Rules and Regulations.L. Hazardous waste transporters who deliver hazardous wastes to other hazardous waste transporters shall comply with the provisions of 40 C.F.R. § 263.20(d).M. Transporters of hazardous wastes to foreign countries shall comply with 40 C.F.R. § 263.20(g).N. These Rules and Regulations as applied to transporters of hazardous waste by water (bulk shipment) are modified by 40 C.F.R. 263.20(e) and 40 C.F.R. § 263.22(b).O. These Rules and Regulations as applied to transporters of hazardous wastes by rail are modified by 40 C.F.R. § 263.20(f) and 40 C.F.R. § 263.22(c).P. Transporters hauling septage shall maintain records indicating the source and estimated volume of septage picked up, the date of shipment, and the receiving Publicly Owned Treatment Works (POTW). All septage shall be delivered to a properly licensed POTW for disposal, unless the Department has given written permission for an alternate method of disposal.1.8.5Manifest Handling:A. The transporter of hazardous waste shall not accept any hazardous waste, except septage or used oil, unless the generator section of the Manifest has been completed by the generator.B. The hazardous waste transporter shall inspect the waste before accepting the waste to ensure the following:1. The number of containers matches the number indicated in the generator section of the Manifest.2. All containers are labeled as required by § 1.7 of this Part.3. The total quantity of waste, as can be best estimated, matches the quantity indicated in the generator section of the Manifest.4. That all containers appear sound, free of leaks and for containers of liquid, that they are liquid tight.C. The hazardous waste transporter shall complete the transporter's section of the Manifest, sign the Manifest, and leave the manifest copy referenced in the Waste Shipment Requirements (§§1.7.12(L), 1.7.13(J) or 1.7.14(J) of this Part as appropriate).D. The hazardous waste transporter shall keep the completed Manifest, minus the copy given to the generator, with the hazardous waste until received by the consignee.E. The hazardous waste transporter will, upon receipt of the hazardous waste by the consignee, remove the transporter copy for his records and turn over the remaining copies to the consignee.F. Copy 5 of the Manifest shall be kept by the hazardous waste transporter for a period of three years from the date of the receipt of that waste. The transporter may maintain paper copies or digital copies so long as the digital copies comply with manifest requirements of 40 C.F.R. § 263.22.G. The hazardous waste transporter shall deliver the hazardous waste only to the facility designated on the Manifest. If this is not possible, he/she shall contact the generator for further instructions and revise the Manifest in accordance with the generator's instructions.H. The hazardous waste transporter will obtain the date and signature of the facility operator at the time of transfer of the waste to the facility.I.40 C.F.R. § 263.20(h) does not apply to hazardous waste transporters.1.8.6Record Keeping:The hazardous waste or septage transporter shall keep all pertinent records relating to the transportation of hazardous waste or septage for a period of three years after the waste has been delivered to a designated facility, or for such longer periods as is required in an unresolved enforcement action.
1.8.7Personnel, Equipment:A. The transporter of hazardous waste shall provide adequate personnel to ensure the activities conducted are in compliance with all applicable laws and regulations.B. The hazardous waste transporter shall make provisions to prevent personnel from wearing clothing that is contaminated with hazardous waste.C. The hazardous waste transporter shall have all equipment necessary for transporting the hazardous waste in accordance with these rules and this equipment shall be on the transportation unit, available to the driver, at all times. All equipment shall be maintained in such a manner that it shall be fit for the purposes for which it was intended by the manufacturer.1.8.8Inspections:A. The transporter shall have each transportation unit listed on the application self-inspected annually prior to the receipt or renewal of the permit.B. The inspection shall include but not be limited to inspection of:1. Confirmation of USDOT Motor Carrier Safety Regulation vehicle inspection requirements per 49 C.F.R. § 396.17 and Appendix G of Subchapter B.2. Proper identification of the transporter clearly painted on the transportation unit, including permit number.3. Proper vehicle registration(s).4. Soundness of containment structure (tank, roll-off box trailer, etc.).5. Ability of tank or other liquid containers and any valves, hoses, pipes, etc., to hold liquids without leaking.6. Prohibited roads posted (hazardous waste transporters only).7. Emergency procedure posted.10. Eyewash (at least one pint).13. Confirmation of USDOT tanker retesting and inspection (if applicable), as required by 49 C.F.R. § 180.352.C. The transporter shall maintain all transportation units used in transportation of hazardous waste or septage, and listed on the application, to ensure continual compliance with all of the requirements of these Rules and Regulations.1.8.9Safety, AccidentsA. Hazardous waste transporters shall be equipped with such safety equipment as to minimize chance of fire and explosion and to protect the health and safety of personnel associated with the transportation of hazardous waste and any other person who might come into contact with the waste.B. The transporter shall have safety equipment available for use during spills, fires and other emergencies, including a suitable means of communication for summoning aid in an emergency. The transporter shall have and maintain, but not be limited to, the following safety equipment: 1. Protective clothing and equipment to enable personnel associated with the transportation to work safely with the wastes that are accepted by the transporter.2. One eyewash apparatus (at least one pint) per vehicle that is readily available in case of emergency.3. First-aid supplies that are readily available in case of emergency.C. The transporter shall make provisions for prompt control of fires, spills and other emergencies.D. The transporter shall prepare procedures for personnel to follow in the case of spills of hazardous waste or septage and in the case of fire and other emergencies. The transporter shall post these procedures in a conspicuous place in their transportation unit. In addition, the hazardous waste transporter shall train and instruct personnel associated with the transportation of hazardous waste in these procedures. The hazardous waste transporter shall maintain records of the training and instruction programs that are held.E. The transporter shall collect hazardous waste or septage that is accidentally discharged from a designated hazardous waste or septage vehicle. The transporter shall collect soil contaminated by such discharge. Such collection shall be as rapid and thorough as possible. The hazardous waste transporter shall handle and dispose of such waste and soil in compliance with these Rules and Regulations.F. The transporter shall report immediately to the Rhode Island Department of Environmental Management all accidental discharges/spills of hazardous wastes or septage or any other incident or accident that results or could result in a hazard to the public health and safety, or to the environment within the State of Rhode Island. The hazardous waste transporter shall also comply with the notification procedures and incident reports required by 49 C.F.R. §§ 171.15 and 171.16 regarding accidental discharge or spillage of hazardous materials or wastes. The Director may require that a written report of the incident or accident be provided to him.1.8.10Decontamination:Equipment used to handle hazardous waste; including, but not limited to, storage containers, processing equipment, trucks and loaders that are contaminated with hazardous waste; shall be decontaminated prior to being serviced or used for transportation of non-hazardous waste if servicing or use of contaminated equipment would cause a hazard to any person. Contaminated wash water, waste solutions or residues generated from washing or decontaminating the equipment shall be collected and disposed of as hazardous wastes in compliance with these rules.
1.8.11Containerization of Hazardous Waste:The transporter of hazardous waste shall not handle containerized hazardous waste unless the containers are constructed and maintained in accordance with the requirements of 49 C.F.R Part 178 Transportation.
1.8.12Powder, Dust, Fine Solids:To prevent hazardous waste from being blown by the wind, hazardous waste in the form of powder, dust or a fine solid shall be handled, stored and disposed of in covered containers.
1.8.13Gases, Mists, Vapors:Hazardous wastes that are capable of releasing hazardous gases, mists or vapors in excess of existing air quality standards or where the emitted hazardous materials could result in a hazard to public health and safety or the environment shall be handled in covered containers.
1.8.14Spill Control Equipment:The hazardous waste transporter, when transporting liquid hazardous waste in containers, shall have absorbent mats or materials on the vehicles capable of absorbing ten percent of the hazardous wastes in the event of a leak or spill. When transporting liquid hazardous waste in tank trucks, the hazardous waste transporter shall have a shovel and absorbent mats or materials on the vehicle capable of absorbing small leaks as may occur when hoses are disconnected.
1.8.15Temporary Storage of Waste by Transporters:A. The following standards apply to transporters that temporarily store wastes in their vehicles. For standards for temporary transfer and storage facilities, see § 1.11 of this Part. 1. A permitted transporter of hazardous waste may store such waste in their vehicle at their business location, without the business having a Hazardous Waste Temporary Transfer and Storage Facility Letter of Authorization, for up to and not exceeding seventy-two (72) hours, excluding Sundays and federal and Rhode Island legal holidays, provided the following conditions are met: a. No waste is loaded onto or unloaded from the vehicle, even for the purpose of consolidation of loads.b. The site and vehicle are secured to prevent unauthorized access.2. Temporary storage of hazardous waste or used oil in the transporting vehicle at the location of a breakdown of the vehicle will only be allowed if the transporter notifies the Department of the location of the vehicle and the estimated time for repairs.3. Transporters that operate Temporary Transfer and Storage Facilities shall comply with the requirements outlined in § 1.11 of this Part.1.8.16Inspection; Right of Entry:A. Pursuant to R.I. Gen. Laws § 23-19.1-12, the Director may: 1. Enter any hazardous waste management facility, or any place that the Director has reason to believe hazardous wastes are generated, stored, treated, or disposed of;2. Inspect vehicles that the Director has reasonable grounds to believe are being used for the transportation of hazardous wastes;3. Inspect and obtain samples of any waste or other substance, labels, containers of waste or other substance, or samples from any portion of the facility and from any vehicle in which hazardous wastes are transported or in which the Director has reason to believe hazardous wastes are transported;4. Inspect and copy records, reports, information, or test results kept or maintained at a hazardous waste management facility.B. As per R.I. Gen. Laws § 23-19.1-12 any person obstructing or hindering, or in any way causing to be obstructed or hindered, the Director from the performance of his duties, or who shall refuse to permit the Director entrance to any premises, building, vehicle, plant or equipment, in the performance of his duties, shall be guilty of a misdemeanor and fined not more than five hundred dollars ($500.00).1.8.17Hazardous Waste Generation Fee:A. The hazardous waste transporter shall collect a fee for hazardous waste that is generated in Rhode Island.B. The collected fee shall be in the amount of 2.3 cents per pound or 19 cents per gallon. The fee shall be paid for all eligible waste accepted for transportation within a quarter and is due no later than thirty (30) days after the end of the quarter. The fee shall be paid in the form of a check made payable to "Rhode Island General Treasurer" and shall be included with the quarterly transporter report as described in §1.9.18 of this Part. The fees shall be collected and deposited in the Department's Emergency Response Fund.C. Non-hazardous Waste and waste bearing Rhode Island Fee Exemption Waste Codes (R011-R016) as defined in § 1.5 of this Part are exempted from the fee.1.8.18Reporting requirements:The hazardous waste transporter shall submit quarterly reports for all waste that is picked up from generators in Rhode Island using a Manifest. The report shall be prepared in accordance with the Department's standard for quarterly reports. Each report shall contain the required data elements for all wastes accepted for transportation within that quarter and is due no later than thirty (30) days after the end of the quarter. If no waste is accepted during the quarter, the hazardous waste transporter shall notify the Department in writing that no eligible waste was transported in that period of time.
250 R.I. Code R. 250-RICR-140-10-1.8
Amended effective 4/22/2020