Document Citation: N.D. Admin. Code 33-24-04-07

Header:
NORTH DAKOTA ADMINISTRATIVE CODE
TITLE 33. STATE DEPARTMENT OF HEALTH
ARTICLE 24. HAZARDOUS WASTE MANAGEMENT
CHAPTER 4. STANDARDS FOR TRANSPORTERS


Date:
08/31/2009

Document:

33-24-04-07. Immediate action.

1. In the event of a discharge of hazardous waste during transportation, the transporter must take appropriate immediate action to protect human health and the environment, e.g., notify local authorities and dike the discharge area.

2. If a discharge of hazardous waste occurs during transportation and an official of a state or local government or a federal agency, acting within the scope of official responsibilities, determines that immediate removal of the waste is necessary to protect human health or the environment, that official may authorize the removal of the waste by transporters who do not have identification numbers and without the preparation of a manifest.

3. An air, rail, highway, or water transporter who has discharged hazardous waste must:

a. Give notice, if required by 49 CFR 171.15 to the national response center (800-424-8802 or 202-426-2675); and

b. Report in writing as required by 49 CFR 171.16 to the director, office of hazardous materials regulations, materials transportation bureau, department of transportation, Washington, District of Columbia 20590.

4. A water (bulk shipment) transporter who has discharged hazardous waste must give the same notice as required by 33 CFR 153.203 for oil and hazardous substances.