HAR §19-33-1. Definitions

Unless the context clearly indicates otherwise, as used in this chapter: "Air carrier" means any person engaged for hire in the business of carrying passengers or cargo, or mail by air. "Aircraft parking and storage areas" means any portion of a public airport, designated temporarily or permanently by the director, that may be used for parking and storing of aircraft, for the servicing of aircraft with fuel, lubricants and other supplies and for the making of minor or emergency repairs to aircraft. "Cargo ramp and apron areas" means any portion bf a public airport, designated temporarily or permanently by the director, that may be used for the loading or unloading of cargo, mail and supplies on or off §19-33-1 aircraft; for the servicing of aircraft with fuel and lubricant; for the performing of the operation commonly known as "ramp service•; for the performing of inspection, minor maintenance and other services upon or in connection with aircraft incidental to performing •ramp service", and for parking of mobile equipment when actively used in connection with such operations. "Class A explosives" means explosive substances as defined in title 49, chapter 1, section 173.53 of the Code of Federal Regulations. "Class B explosives" means explosive substances as defined in title 49, chapter 1, section 173.88 of the Code of Federal Regulations. ·. "Class C explosives" means explosive substances as defined in title 49, chapter 1, section 173.100 of the Code of Federal Regulations. "Department" means the department of transportation of the State of Hawaii. "Director" means the director of transportation or his authorized representative. "Enforcement officer" means the director of transportation, officers and employees of the department of transportation and every state and county officer charged with the enforcement of state l aws and ordinances. "Passenger ramp and apron areas" means any portion of the public airport designated temporarily or perma- nently by the director, that may be used for the loading and unloading of passengers, baggage, cargo, mail supplies on or off aircraft. "Persons• means any individual, firm, partnership, corporation, trust, association, company, joint venture, or any other legal entity (including any assignee, receiver, trustee, employee or similar representative). "Public airport" means that area of land or water under governmental jurisdiction which is used ·for landing and taking-off of aircraft, and any appurtenant areas which are used for airport buildings or other ai rport facilities or rights-of-way, together with all airport buildings and facilities located thereon. •state" means the State of Hawaii . "Through shipment" means the carrying of materials that transit public airports in the state 't'.i.t!wqt1987 loading or unloading the material. [Eff AUb L4 I (Auth: 261-12) (Imp: 261-12) -2- §19-33-1 aircraft; for the servicing of aircraft with fuel and lubricant; for the performing of the operation commonly known as " ramp service"; for the performing of inspection, minor maintenance and other services upon or in connection with aircraft incidental to performing "ramp service", and for parking of mobile equipment when actively used in connection with such operations. "Class A explosives" means explosive substances as defined in title 49, chapter 1, section 173.53 of the Code of Federal Regulations. " Class B explosives" means explosive substances as defined in title 49, chapter 1, section 173.88 of the Code of Federal Regulations. "Class C explosives" means explosive substances as defined in title 49, chapter 1, section 173.100 of the Code of Federal Regulations. " Department" means the department of transportation of the State of Hawaii. "Di rector" means the director of transportation or his authorized representative. " Enforcement officer" means the director of transportation, officers and employees of the department of transportation and every state and county officer charged with the enforcement of state laws and ordinances. "Passenger ramp and apron areas" means any portion of the public airport designated temporarily or perma­ nently by the director, that may be used for the loading and unloading of passengers, baggage, cargo, mail supplies on or off aircraft. "Persons" means any individual, firm, partnership, corporation, trust, association, company, joint venture, or any other legal entity (including any assignee, receiver, trustee, employee or similar representative). "Public airport" means that area of land or water under governmental jurisdiction which is used for landing and taking-off of aircraft, and any appurtenant areas which are used for airport buildings or other airport facilities or rights-of-way, together with all airport buildings and facilities located thereon. "State" means the State of Hawaii. " Through shipment" means the carrying of materials that transit public airports in the state yA tho ut loading or unloading the material. [Eff AU G 2 4 1987 1 (Auth: 261-12) (Imp: 261-12) Sl9-33-2 Sl9-33-2 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, ppison 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 hi s 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 (31 Has concurred in the location where the hazardous materia l is to be temporarily placed while in transit at the airport. (d) The intrastate transshipment of radioactive materials transported in cargo aircraft exceeding the limit s 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: (ll 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 -3- §19-33-2 $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 -3- Sl9-33-2 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 B explosives, and liquified gases for shipment, trans- shipment or through shipment shall accomplish the following: (1) At least four hours p~~or 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 o~floading 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 -4- §19-33-2 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 B explosives, and liquified gases for shipment, trans­ shipment 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 than a hazardous materiAl!z~~~~~. or dangerous good. (Eff AUb l~til 1 )Autn: §19-33-3 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 d e signee as soon as practicable whenever a discrepancy is noted in a hazardous material shipment following its acceptance for t r ansportation aboard an aircraf t. 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!z~~~~~. or dangerous good. (Eff AUb l~til 1 )Autn: §261-12) (Imp: §261- 12) §19- 33-3 Storage of hazardous materials and waste at public airports . (a) The storage of class A, B and c explosives is prohibited. Other hazardous materials, including flammables, corrosives, compressed gases, and radioactive materials may be temporarily stored in hazardous materials storage areas designated by the air carrier and approved by _the airports district manager or designee and Federal Aviation Administration authorities except in leased areas when the designated spot is in compliance with S19-33-2(g). (b) The temporary storage of radioactive materials, etiologic material. p·oisons and hazardous waste shall be permitted during transshipment or overnight holding in identified hazardous materials and waste designated area . Approval of the airport district manager or his designee is required for storage of these materials and waste in other than the identified areas. (c) Crash Fire Rescue personnel shall be notified as to location of aircraft parked with hazardous materials or the storage area . of h.azardous materials. Type of material(s) and amount; I.D. number, if known, i . e., UN 0257, fuses detonating . (d) The hazardous materials storage areas shall be appropriately posted with signs that warn unauthorized people not to enter the area. (Eff AUG 2 4 1967 I (Auth: §261-12) (Imp: §261-12) -s- §1 9- 3 3 -3 packaging , loss , or i s involved in theft , f ire or a transportation acc ident involving an aircraft or motor veh icle . ( i ) The air carrier or agent sha ll noti fy airports district manager or designee as soon as practicabl e whenever a di screpancy i s noted in a hazardous material shipment following its acceptance for transportation aboard an aircra ft . Reportable discrepanc ie s include : ( 1 ) Ha zardous materials found to be improper ly described , certi fied , labeled , or pa ckaged; ( 2 ) Packages and baggage which are found to be imprope rly described , certi fied , labe led , or packaged ; ( 3 ) Package s and baggage wh ich are found to contain hazardous materials subsequent to their be ing o f fered and accepted as other 52" ':*"*°-• et° ring -o z88 .° ... dangerous good . [Eff A UG'' ?4 Y3 7' 1 ) Auth : $ 26 1 - 1 2 ) ( Imp : § 2 6 1 - 1 2 ) § 1 9-3 3-3 Storage o f haz ardous materials and wa ste j u■ at publ ic ai rports . ( a ) The storage o f c lass A , B and C explo s ives i s proh ibi ted . Other hazardous mater ial s , including flammables , corros ives , compre ssed gases , and radioactive materials may be temporar i ly stored in hazardous materials storage areas de signa ted by the air carrier and approved by the airports district manage r or de s i gnee and Federal Aviation Administration authorities except in lea sed areas when the de s igna ted spot is in compl iance with § 1 9-33-2 (g) . ( b ) The tempora ry s torage o f radioactive materials , etiologic material , poi sons and haza rdou s was te shal l be permitted during transshipment or overnight holding in identified hazardou s ma terials and waste des ignated area . Approval o f the airport distr ict manager or his desi gnee i s required for s torage of the se materia l s and wa ste in other than the ident i f ied area s . ( c ) Crash Fire Rescue personne l sha ll be notified as to loca tion of aircra f t parked with hazardous ma ter i a l s or the storage area o f ha z ardous material s . Type o f materi a l ( s ) and amount ; I . D . number , i f known , i . e . , UN 0 2 5 7 , fuses detonating . (d) The hazardou s materials s torage areas shal l be appropri ately posted wi th signs that warn unauthori zed pe op le not to ente r the area . [ E f f AUG 2 4 1987 ] (Auth : §26 1 -1 2 ) ( Imp : § 2 6 1 - 1 2 ) §19-33-4 §19-33-4 Securit of hazardous materials and waste shipments while 1n transit or temporari y stored at a public airport. (a) The shipper or t .ransporter shall be responsible for the security of the shipment until it has been accepted by the air carrier for air transportation. This same responsibility applies to shippers and transporters that accept a hazardous material or waste shipment from an air carrier. (b) The air carrier becomes responsible for the security of the shipment upon its acceptance for air transportation and retains this responsibility until the shipment is released to the designated shipper, transporter or shipment consignee as reflected on the shipping document. [Ef11UG 24 1987 I (Auth: §261-12) (Imp: §261 - 12)