27 CAR § 113-104. Transporter rules

(a) No person shall transport any hazardous waste over any public highway within the State of Arkansas without having received an EPA identification number. (b) No person shall transport over any highway within the state any hazardous waste without having in force a current hazardous waste transportation permit issued by the State Highway Commission authorizing such activity by such person. (c) Each hazardous waste transportation permit shall be nontransferable, shall be applicable for one (1) year subject to renewal, and may be suspended or revoked in whole or in part as provided in Arkansas Code § 23-13-233 for cause, including but not limited to the following: (1) Violation of any term of the permit or the Arkansas Hazardous Waste Management Act of 1979, Acts 1979, No. 406; (2) Any violation of the rules adopted by the commission pursuant to the Arkansas Motor Carrier Act, 1955, Arkansas Code § 23-13-201 et seq., the Arkansas Hazardous Waste Management Act of 1979, or the Hazardous Materials Transportation Act of 1977, Arkansas Code § 27-2-101 et seq.; (3) Any violation of applicable rules adopted by the Division of Environmental Quality pursuant to the Arkansas Hazardous Waste Management Act of 1979; or (4) Misrepresentation of any material fact in the permit application. (d) United States Department of Transportation regulations. Every transporter of hazardous waste shall comply with all United States Department of Transportation regulations adopted by the commission in 27 CAR § 110-1801 of General Rules of Practice and Procedure, 27 CAR pt. 110, and Rules Governing the Transportation of Hazardous Materials In and Through the State of Arkansas, 27 CAR pt. 112. (e) Incompatible waste. No transporter shall permit the transportation of incompatible waste in any one (1) vehicle. (f) Hazardous waste discharge. (1)(A) In the event of a discharge of hazardous waste during transportation, the transporter must: (i) Immediately contact the Division of Arkansas State Police and the principal office of the carrier; and (ii) Take appropriate action to protect the public health and safety and the environment. (B) The Division of Arkansas State Police will immediately notify the Division of Emergency Management who will contact commission officials and officials of the Division of Environmental Quality. (2) If a discharge of hazardous waste occurs during transportation and a federal or state official, acting within the scope of his or her official responsibilities, determines that immediate removal of the waste is necessary to protect human health or the environment, that official may authorize the removal of the waste by transporters who have no EPA identification number or hazardous waste transportation permit, provided that no, or insufficient numbers of, authorized transporters are available. (3) An air, rail, highway, or water transporter who has discharged hazardous waste must also give notice as required by the United States Department of Transportation. (g) Discharge cleanup. A transporter must clean up the hazardous waste discharge that occurs during transportation or take such actions that may be required or approved by federal, state, or local officials so that hazardous waste discharge no longer presents a hazard to human health or the environment.