Haw. Code R. § 19-33-2 - Transportation of hazardous materials and waste

(a) For purposes of public safety and protection of the environment, shippers and air carriers that use a public airport for the interstate or intrastate shipment of hazardous materials shall comply with title 49, chapter 1, sections 171.1 to 173.1300, 175.705, and 178.0 to 178.350-3, Code of Federal Regulations, and the additional requirements of this chapter.

(b) No person shall deliver, receive, load or unload a hazardous material as defined in title 49, CFR, at a public airport unless the material is properly classed, described, packaged, marked, labeled, and in proper condition for handling and shipment by aircraft.

(c) Radioactive materials transported in cargo aircraft exceeding the limits allowable on passenger aircraft under title 49, CFR, etiologic agents, poison materials, Class A or B explosives, and liquified gases shall be loaded or offloaded at an airport operated by the State of Hawaii only in areas previously designated by the airports district manager or his designee for that purpose. Where previous designated loading and unloading areas have not been arranged, these materials and waste will not be loaded or unloaded until the airports district manager or his designee:

(1) Is provided with a copy of the shipping document that lists the description, shipping name, and quantity of the material;

(2) Has designated a location where the loading or offloading will take place; and

(3) Has concurred in the location where the hazardous material is to be temporarily placed while in transit at the airport.

(d) The intrastate transshipment of radioactive materials transported in cargo aircraft exceeding the limits allowable on passenger aircraft under title 49, CFR, all etiologic materials, poison materials, all Class A or B explosives, and liquified gases shall be coordinated with the the airport district manager or designee at airports of departure and arrival as follows:

(1) Not less than four hours prior to being delivered to a public airport for air transportation to any location in the State for all materials except that any shipment of explosives shall be coordinated at least least twenty-four hours in advance of scheduled delivery at any airport;

(2) At least two hours prior to aircraft arrival at any public airport within the State and at least two hours prior to any aircraft departing a public airport of origin.

(e) Interstate air carriers accepting radioactive materials transported in cargo aircraft exceeding the limits allowable on passenger aircraft under title 49, CFR, etiologic agents, poison materials, and class A or 6 explosives, and liquified gases for shipment, transshipment or through shipment shall accomplish the following:

(1) At least four hours prior to arrival at the airport of a shipment originating at a public airport in Hawaii, coordinate the shipment with the the airport district manager or designee except that any shipment of explosives shall be coordinated at least twenty-four hours in advance of scheduled delivery at any airport;

(2) At least two hours prior to aircraft arrival at a public airport in this state, notify the airport district manager or designee of the hazardous materials or waste on board for transshipment or through shipment at the public airport in the State.

(f) Information to be provided at time of coordination shall include the shipping name of the hazardous material, hazard class, quantity, name of the air carrier, identification number of the aircraft and estimated time of aircraft arrival at each airport on the itinerary. There is no requirement to notify alternate airports until such time as a decision is made to divert to the alternate because of weather or other reasons.

(g) The loading or offloading of class A or B explosives or parking of aircraft containing such explosives shall not be closer than five hundred feet from any inhabited building, aircraft boarding area, or public use aircraft parking apron.

(h) The air carrier or agent responsible for loading, unloading, surface vehicle transport or temporary storage of hazardous material shall assure that their personnel involved in the handling of hazardous materials are able to recognize a potential or actual hazardous material incident. Airport district manager or designee shall be promptly notified whenever a hazardous material or hazardous waste shipment poses a threat to public health and safety as a result of a breach in packaging, loss, or is involved in theft, fire or a transportation accident involving an aircraft or motor vehicle.

(i) The air carrier or agent shall notify airports district manager or designee as soon as practicable whenever a discrepancy is noted in a hazardous material shipment following its acceptance for transportation aboard an aircraft. Reportable discrepancies include:

(1) Hazardous materials found to be improperly described, certified, labeled, or packaged;

(2) Packages and baggage which are found to be improperly described, certified, labeled, or packaged;

(3) Packages and baggage which are found to contain hazardous materials subsequent to their being offered and accepted as other than a hazardous material, waste, or dangerous good.

Notes

Haw. Code R. § 19-33-2

[Eff AUG 24 1987] (Auth: § 261-12) (Imp: § 261-12)