R 299.9410 Hazardous waste discharges.

Rule 410. (1) If a fire, explosion, or other discharge of hazardous waste or hazardous waste constituents occurs during transportation that could threaten human health or the environment, or if a transporter has knowledge that a spill has reached surface water or groundwater, then the transporter shall take appropriate immediate action to protect human health and the environment, including notification of local authorities and the department's pollution emergency alerting system telephone number 800-292-4706. Each notification must include all the following information: (a) Name of the reporter. (b) Name and address of carrier represented by the reporter. (c) Telephone number where the reporter can be contacted. (d) Date, time, and location of the incident. (e) The extent of injuries, if known. (f) Classification, name, and quantity of the hazardous waste involved and if a continuing danger to life exists at the scene of the fire explosion, or other discharge. (2) If a discharge of hazardous waste or hazardous waste constituents occurs during transportation and if a state, local government, or federal official acting within the scope of the official's official responsibilities determines that immediate removal of the waste is necessary to protect human health or the environment, then the official may authorize the removal of the waste, without the preparation of a manifest, by transporters that do not have site identification numbers and a registration and permit under act 138. (3) A transporter that has discharged hazardous waste or hazardous waste constituents shall comply with all the following requirements: (a) Give notice, if required pursuant to 49 CFR 171.15, to the National Response Center at 800-424-8802 or 202-426-2675. (b) Report, in writing, as required by 49 CFR 171.16, to the Director, Office of Hazardous Materials Regulations, Materials Transportation Bureau, Department of Transportation, Washington, DC 20590. (c) Provide notice, if the discharge was from a water (bulk shipment), as required by 33 CFR 153.203 for oil and hazardous substances. (d) Ensure cleanup of any hazardous waste or hazardous waste constituent discharge or take action as may be required or approved by federal, state, or local officials so that the hazardous waste or hazardous waste constituent discharge no longer presents a hazard to human health or the environment. (4) The provisions of 33 CFR 153.203 and 49 CFR 171.15 and 171.16 are adopted by reference in R 299.11004.