Haw. Code R. § 11-266-203 - Standards applicable to the transportation of solid waste military munitions
(a) Criteria for
hazardous waste regulation of waste non-chemical military munitions in
transportation.
(1) Waste military munitions
that are being transported and that exhibit a hazardous waste characteristic or
are listed as hazardous waste under chapter 11-261, are listed or identified as
a hazardous waste (and thus are subject to regulation under chapters 11-260
through 11-270), unless all the following conditions are met:
(i) The waste military munitions are not
chemical agents or chemical munitions;
(ii) The waste military munitions must be
transported in accordance with the U.S. Department of Defense shipping controls
applicable to the transport of military munitions;
(iii) The waste military munitions must be
transported from a military owned or operated installation to a military owned
or operated treatment, storage, or disposal facility; and
(iv) The transporter of the waste must
provide oral notice to the director within 24 hours from the time the
transporter becomes aware of any loss or theft of the waste military munitions,
or any failure to meet a condition of paragraph (a)(1) that may endanger health
or the environment. In addition, a written submission describing the
circumstances shall be provided within 5 days from the time the transporter
becomes aware of any loss or theft of the waste military munitions or any
failure to meet a condition of paragraph (a)(1).
(2) If any waste military munitions shipped
under paragraph (a)(1) are not received by the receiving facility within 45
days of the day the waste was shipped, the owner or operator of the receiving
facility must report this non-receipt to the director within 5 days.
(3) The exemption in paragraph (a)(1) from
regulation as hazardous waste shall apply only to the transportation of
non-chemical waste military munitions. It does not affect the regulatory status
of waste military munitions as hazardous wastes with regard to storage,
treatment or disposal.
(4) The
conditional exemption in paragraph (a)(1) applies only so long as all of the
conditions in paragraph(a)(1) are met.
(b) Reinstatement of exemption. If any waste
military munition loses its exemption under paragraph (a)(1), an application
may be filed with the director for reinstatement of the exemption from
hazardous waste transportation regulation with respect to such munition as soon
as the munition is returned to compliance with the conditions of paragraph
(a)(1). If the director finds that reinstatement of the exemption is
appropriate based on factors such as the transporter's provision of a
satisfactory explanation of the circumstances of the violation, or a
demonstration that the violations are not likely to recur, the director may
reinstate the exemption under paragraph (a)(1). If the director does not take
action on the reinstatement application within 60 days after receipt of the
application, then reinstatement shall be deemed granted, retroactive to the
date of the application. However, the director may terminate a conditional
exemption reinstated by default in the preceding sentence if the director finds
that reinstatement is inappropriate based on factors such as the transporter's
failure to provide a satisfactory explanation of the circumstances of the
violation, or failure to demonstrate that the violations are not likely to
recur. In reinstating the exemption under paragraph (a)(1), the director may
specify additional conditions as are necessary to ensure and document proper
transportation to protect human health and the environment.
(c) Amendments to DOD shipping controls. The
U.S. Department of Defense shipping controls applicable to the transport of
military munitions referenced in subparagraph (a)(1)(ii) are Government Bill of
Lading (GBL) (GSA Standard Form 1109), requisition tracking form DD Form 1348,
the Signature and Talley Record (DD Form 1907), Special Instructions for Motor
Vehicle Drivers (DD Form 836), and the Motor Vehicle Inspection Report (DD Form
626) in effect on November 8, 1995, except as provided in the following
sentence. Any amendments to the U.S. Department of Defense shipping controls
shall become effective for purposes of paragraph (a)(1) on the date the U.S.
Department of Defense publishes notice in the Federal Register that the
shipping controls referenced in subparagraph (a)(1)(ii) have been
amended.
Notes
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