Section R315-273-38 - Standards for Universal Waste Management, Standards for Large Quantity Handlers of Universal Waste - Off-Site Shipments(a) A large quantity handler of universal waste is prohibited from sending or taking universal waste to a place other than another universal waste handler, a destination facility, or a foreign destination.(b) If a large quantity handler of universal waste self-transports universal waste off-site, the handler becomes a universal waste transporter for those self-transportation activities and shall comply with the transporter requirements of Sections R315-273-50 through 56 while transporting the universal waste.(c) If a universal waste being offered for off-site transportation meets the definition of hazardous materials under 49 CFR 171 through 180, a large quantity handler of universal waste shall package, label, mark and placard the shipment, and prepare the proper shipping papers in accordance with the applicable Department of Transportation regulations under 49 CFR parts 172 through 180;(d) Prior to sending a shipment of universal waste to another universal waste handler, the originating handler shall ensure that the receiving handler agrees to receive the shipment.(e) If a large quantity handler of universal waste sends a shipment of universal waste to another handler or to a destination facility and the shipment is rejected by the receiving handler or destination facility, the originating handler shall either: (1) Receive the waste back when notified that the shipment has been rejected, or(2) Agree with the receiving handler on a destination facility to which the shipment will be sent.(f) A large quantity handler of universal waste may reject a shipment containing universal waste, or a portion of a shipment containing universal waste that he has received from another handler. If a handler rejects a shipment or a portion of a shipment, he shall contact the originating handler to notify him of the rejection and to discuss reshipment of the load. The handler shall: (1) Send the shipment back to the originating handler, or(2) If agreed to by both the originating and receiving handler, send the shipment to a destination facility.(g) If a large quantity handler of universal waste receives a shipment containing hazardous waste that is not a universal waste, the handler shall immediately notify the Director of the illegal shipment, and provide the name, address, and phone number of the originating shipper. The Director shall provide instructions for managing the hazardous waste.(h) If a large quantity handler of universal waste receives a shipment of non-hazardous, non-universal waste, the handler may manage the waste in any way that is in compliance with applicable federal, state or local solid waste regulations.Utah Admin. Code R315-273-38
Adopted by Utah State Bulletin Number 2016-9, effective 4/15/2016