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.