Sec. 26.13.13.01. General

A. Scope.

(1) These regulations establish standards which apply to persons transporting special medical waste within the State if the transportation requires a shipping paper under COMAR 26.13.12.

(2) These regulations do not apply to on-site transportation of special medical waste by generators or by owners or operators of permitted special medical waste management facilities.

(3) A transporter of special medical waste shall also comply with COMAR 26.13.12 if the transporter transports special medical waste into the United States from abroad.

B. State Identification Number.

(1) A transporter may not transport special medical wastes without having received a State identification number from the Secretary.

(2) A transporter who has not received a State identification number may obtain one by applying to the Secretary.

C. Certificate.

(1) General.

(a) A person may not transport special medical waste to a facility within the State or from a source within the State unless the person obtains a certificate from the Department. A special medical waste hauler certificate is required of persons engaged in transporting special medical wastes.

(b) Transporters using vehicles or articulated transports to transport special medical waste to a facility within the State or from a source within the State shall carry the vehicle certificate in the cab of the special medical waste vehicle.

(2) As a condition to the issuance of a certificate, a person shall:

(a) Secure a bond of not less than $10,000 for the purpose of indemnifying the State for abatement of pollution resulting from the improper transportation or spill of special medical waste;

(b) Pay a yearly fee for certification not to exceed $50 per vehicle used for hauling special medical waste; and

(c) Submit a certificate of safety inspection for each vehicle as provided in Regulation .01F of this chapter.

(3) Certification.

(a) A request for certification shall be submitted in writing and shall include:

(i) Information pertaining to the nature and quantity of the special medical waste to be transported;

(ii) The source and destination of the waste;

(iii) The method of transportation;

(iv) Specific information pertaining to the vehicles used to transport special medical waste, such as vehicle age and construction specifications;

(v) The safety inspection of the vehicle; and

(vi) The fee for certification.

(b) Failure to provide the information required in §C(3)(a) of this regulation, the fee for certification, or other information required by the Department shall constitute grounds for denial of certification.

(c) The certification shall be carried in the vehicle at all times and presented upon request.

(4) This regulation does not apply to transportation within sites such as transport of a special medical waste from an on-site storage area to an on-site waste treatment facility.

(5) Personnel of the Department approved by the Secretary are certified special medical waste transporters.

(6) Interstate Certificates.

(a) Interstate carriers with more than ten trucks operating in or out of the State, and servicing more than three states, may apply for interstate certificates if the carrier:

(i) Has five vehicle certificates currently issued; and

(ii) Meets the insurance requirements of 49 CFR Part 387-Minimum Levels of Financial Responsibility for Motor Carriers.

(b) Interstate certificates are transferable from one vehicle to another. The location of the certificate shall be registered with the Department.

(c) The carrier shall notify the Department 24 hours before use of the certificate. The notification shall include information detailing the type of vehicle, serial number, make, model, state of registration, license destination, material transported, and other information as may be requested.

(d) The maximum number of transferable certificates issued may not exceed the number of permanent certificates issued to a carrier.

(e) Each certificate issued shall carry a fee of $50.

(7) The Department may require the applicant to report periodically, on a form provided by the Department, on the source, disposal destination, volume, and nature of the special medical waste transported.

D. Standards for Vehicles.

(1) A person shall transport special medical waste in a leakproof, noncompacting, and fully enclosed vehicle compartment.

(2) A person shall transport special medical waste in a manner that prevents any nuisance condition.

E. Stoppage.

(1) Except under the supervision of the Department during an emergency, a special medical waste hauler may not store special medical waste except in an approved facility. Storage in a special medical waste vehicle does not include periods of stoppage, as defined by §E(2) of this regulation.

(2) Stoppage is a period of time not to exceed 72 hours during which a special medical waste vehicle is at rest. The cumulative period of stoppage may not exceed 5 days for a particular shipment of special medical waste within the State. Any stoppage in excess of 12 hours shall be at an authorized facility or other suitable site.

F. Safety Inspection.

(1) Before a person may receive a special medical waste vehicle certificate, the person shall provide written proof that the vehicle has passed a safety inspection as provided in §F(2)-(4) of this regulation within 60 days before the date of the application.

(2) A safety inspection for a special medical waste vehicle includes each of the following:

(a) Windshield wipers and washers;

(b) Headlights, taillights, and signal lights;

(c) Exhaust system;

(d) Wheels, tire wear, and tire pressure;

(e) Glass and mirrors;

(f) Horn; and

(g) Brakes.

(3) A safety inspection may only be performed by a state agency authorized to perform vehicle safety inspections or by a commercial establishment authorized by a state to perform vehicle safety inspections.

(4) A motor vehicle of the current or preceding model year that has not been previously titled or registered and for which the ownership document is a manufacture's certificate of origin is excluded from the requirements of §F(1)-(3) of this regulation for a period of 12 months from the month of initial titling.

G. A person subject to this chapter shall comply with the applicable requirements of U.S. Department of Transportation Hazardous Materials Regulations, 49 CFR 171-178, which are incorporated by reference.