NDAC 33.1-24-04-07
Immediate action
Cite as N.D. Admin. Code ยง 33.1-24-04-07
1.
In the event of a discharge of hazardous waste during transportation, the transporter must
take appropriate immediate action to protect human health and the environment, e.g., notify
local authorities and dike the discharge area.
2.
If a discharge of hazardous waste occurs during transportation and an official of a state or
local government or a federal agency, acting within the scope of 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 do not
have identification numbers and without the preparation of a manifest.
3.
An air, rail, highway, or water transporter who has discharged hazardous waste must:
a.
Give notice, if required by 49 CFR 171.15 to the national response center (800-424-8802
or 202-426-2675); and
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, D.C. 20590.
4.
A water (bulk shipment) transporter who has discharged hazardous waste must give the same
notice as required by 33 CFR 153.203 for oil and hazardous substances.