A. A transporter shall obtain a transporter license from the Department as provided under subsections (B) and (C) of this Section in addition to possessing a permit, license, or approval if required by a local health department, environmental agency, or other governmental agency with jurisdiction.
B. A
transporter license is valid for five years after issuance. To renew the license, the licensee shall submit an application no later than 60 days prior to the license's expiration, and shall pay the license renewal fee, as provided in subsection (B)(1). With each application submitted for approval, the applicant shall remit an initial
transporter license application fee as provided in subsection (B)(1). All fees paid shall be payable to the state of Arizona. The
Department shall deposit the fees paid into the Solid Waste Fee Fund established pursuant to A.R.S. § 49881, unless otherwise authorized or required by law.
1. To apply for or to renew a
transporter license, an applicant shall submit all of the following in a
Department-approved format:
a. The name, address, and telephone number of the transportation company or entity.
b. All owners' names, addresses, and telephone numbers.
c. All names, addresses, and telephone numbers of any agents authorized to act on behalf of the owner.
d. A copy of either the certificate of disclosure required by A.R.S. § 49-109 or a written acknowledgment that this disclosure is not required.
e. Photocopies or other evidence of the issuance of a permit, license, or approval if required by a local health department, environmental agency, or other governmental agency with jurisdiction.
f. A copy of the
transportation management plan as defined in
R18-13-1401.
g. A list identifying each dedicated vehicle.
h. For an initial
transporter license application, a fee of $1,800, and for a license renewal, a fee of $1,500.
2. The new or renewal application license fee shall be calculated by multiplying the hourly rate of $122 by the number of personnel hours involved in inspecting each transporting vehicle, evaluating the application, and approving the license, which amount shall be subtracted from the initial application license fee on deposit. Any remaining surplus of the initial application license fee on deposit shall be returned to the applicant. Any cost that exceeds the initial application license fee on deposit shall be billed to the applicant, but shall not exceed the maximum.
3.2. The Department may only issue a transporter license, including a renewal, if all of the items in subsection (B)(1)(a) through (h) have been received and determined to be correct and complete, and a Department inspection of each transporting vehicle shows that the vehicle is in compliance with this Article.
C. Transporters shall pay by the invoice due date an annual fee of $1,500 for each calendar year following payment of the new or renewal application license fee and subsequent years in which a renewal application license fee is not charged and paid, indicated in Table 2. Fee Table, Transporters Annual Fee.
D. Amendments. After issuance, the licensee shall submit to the
Department any change to the information listed in subsections (B)(1)(a) through (g) of this Section within 30 days of its occurrence. Vehicles may only be added to the license after a
Department inspection shows that the vehicle is in compliance with this Article. Amendments adding vehicles to the license shall be processed after payment of inspection fees and other expenses, except that the application fee shall be $350.
E. An applicant who disagrees with the final bill received from the Department for the amendment, issuance, renewal or denial of a transporter license or vehicle inspections may make a written request to the Director for a review of the bill and may pay the bill under protest. The request for review shall specify the matters in dispute and shall be received by the Department within 10 working days of the date of receipt of the final bill.
F. Unless the Department and applicant agree otherwise, the review shall take place within 30 days of receipt by the Department of the request. The Director shall make a final decision as to whether the time and costs billed are correct and reasonable. The final decision shall be mailed to the applicant within 10 working days after the date of the review and is subject to appeal pursuant to A.R.S. §§ 411092 through 1092.12.
G.E. A person who transports biohazardous medical waste shall maintain in each transporting vehicle at all times a transportation management plan.
H.F. A
transporter who accepts biohazardous
medical waste from a
generator shall transmit electronically or leave a physical copy of the
tracking document described in
R18-13-1406(B) with the
person from whom the waste is accepted. A
transporter shall ensure that a copy of the
tracking document accompanies the
person who has physical possession of the biohazardous
medical waste. Upon delivery to a
Department-approved transfer,
storage,
treatment, or
disposal facility, the
transporter shall obtain a copy of the
tracking document, signed by a
person representing the receiving facility, signifying acceptance of the biohazardous
medical waste.
I.G. A
transporter who transports biohazardous
medical waste in a
dedicated vehicle shall ensure that the cargo box, trailer, or compartment can be secured to limit access to authorized persons at all times except during loading and unloading. In addition, the cargo box, trailer, or compartment shall be constructed in compliance with one of the following:
1. Have a fully enclosed, leak-proof cargo compartment consisting of a floor, sides, and a roof that are made of a non-porous material impervious to biohazardous medical waste and physically separated from the driver's com- partment.
2. Haul a fully enclosed, leak-proof cargo box made of a non-porous material impervious to biohazardous medical waste.
3. Tow a fully enclosed leak-proof trailer made of a non- porous material impervious to biohazardous medical waste.
J.H. A
person who transports biohazardous
medical waste in a vehicle not dedicated to the transportation of biohazardous
medical waste, but that is used at least once weekly for a month, shall comply with the following:
1. Subsections (A), (E) through (G), and (I) of this Section.
2. Clean the vehicle as prescribed in
R18-13-1407(A)(2)(b) before it is used for another purpose.
K.I. A
transporter of biohazardous
medical waste shall comply with all of the following:
1. Accept only biohazardous
medical waste packaged as prescribed in
R18-13-1407.
2. Accept biohazardous
medical waste only after providing the
generator with a signed
tracking document as pre- scribed in
R18-13-1406(B), and keep a copy of the track- ing document for the period required under the
USDOT requirements, as listed in 49
CFR 172.201.
3. Deliver biohazardous
medical waste to a
Department- approved biohazardous
medical waste storage, transfer,
treatment, or
disposal facility within the following time- frames:
a. 72 hours of collection, if putrescible and unrefriger- ated; or
b. 90 days of collection, if putrescible and refrigerated at 40° F or less from hour 72 through day 90; or
c. 90 days of collection, if nonputrescible and unrefrig- erated
4. Not hold biohazardous medical waste longer than specified under subsection (I)(3) unless the vehicle is parked at a Department-approved facility.
5. Except in emergency situations, not unload, reload, or transfer the biohazardous medical waste to another vehi- cle in any location other than a Department-approved facility. Combination vehicles or trailers may be uncoupled and coupled to another cargo vehicle or truck trailer as long as the biohazardous medical waste is not removed from the cargo compartment.
J. Beginning July 1, 2026, the
Director shall adjust the fee amounts in subsections (B), (C), and (D) of this Section, and Table 2. Fee Table, Transporters Annual Fee, annually by the following method, except that no adjustment in any year shall exceed four percent of the fee amount of the preceding year:
1. Multiply the amount by the October CPI for the most recent year and then divide by the October CPI for the year 2024. The October CPI for any year is the Consumer Price Index for All Urban Consumers, Phoenix-Mesa-Scottsdale, AZ, all items, published by the United States
Department of Labor at
www.bls.gov/cpi/regional-resources.htm, for October of that year.
2. Round the result from subsection (J)(1) to the nearest cent. ADEQ shall post the new amounts on its webpage and install them in the billing software as soon as practicable.