Subchapter A. GENERAL

§ 263a.10. Incorporation by reference and scope.

 (a)  Except as expressly provided in this chapter, 40 CFR Part 263 (relating to standards applicable to transporters of hazardous waste) is incorporated by reference.

 (b)  Relative to the requirements incorporated by reference, when used in 40 CFR 263.10 (relating to scope), the phrase ‘‘Commonwealth of Pennsylvania’’ shall be substituted for the phrase ‘‘United States.’’

 In addition to the requirements incorporated by reference:

   (1)  A transporter storing hazardous waste at a transfer facility for periods of not more than 10 days but greater than 3 days shall prepare an in-transit storage preparedness, prevention and contingency plan in addition to the transporter contingency plan as required by §  263a.13(b)(4) (relating to licensing). This plan shall be submitted under section 403(b)(10) of the act (35 P. S. §  6018.403(b)(10)) and approved in writing by the Department prior to the initiation of the storage.

   (2)  A transporter transferring hazardous waste from one vehicle to another at a transfer facility shall prepare an in-transit storage preparedness, prevention and contingency plan in addition to the transporter contingency plan as required by §  263a.13(b)(4). This plan shall be submitted under section 403(b)(10) of the act and shall be approved in writing by the Department.

   The provisions of this §  263a.12 amended under sections 105, 402 and 501 of the Solid Waste Management Act (35 P. S. § §  6018.105, 6018.402 and 6018.501); sections 303 and 305(e)(2) of the Hazardous Sites Cleanup Act (35 P. S. § §  6020.303 and 6020.305(e)(2)); section 5, 402 and 501 of The Clean Streams Law (35 P. S. § §  691.5, 691.402 and 691.501); and section 1920-A of The Administrative Code of 1929 (71 P. S. § §  510-20).

   The provisions of this §  263a.12 amended December 13, 2002, effective December 14, 2002, 32 Pa.B. 6102; amended January 9, 2009, effective January 10, 2009, 39 Pa.B. 201. Immediately preceding text appears at serial page (331130).

 (a)  Except as otherwise provided in subsection (b), §  261a.5(c), §  266a.70(1) or §  266b.50 (relating to special requirements for hazardous waste generated by conditionally exempt small quantity generators; applicability and requirements; and applicability), a person or municipality may not transport hazardous waste within this Commonwealth without first obtaining a license from the Department.

 (b)  A person or municipality desiring to obtain a license to transport hazardous waste within this Commonwealth shall:

   (1)  Comply with 40 CFR 263.11 (relating to EPA identification number).

   (2)  File a hazardous waste transporter license application with the Department. The application shall be on a form provided by the Department and completed as required by the instructions supplied with the form.

   (3)  Deposit with the Department a collateral bond conditional upon compliance by the licensee with the act, this article, the terms and conditions of the license and a Department order issued to the licensee. The amount, duration, form, conditions and terms of the bond must conform to §  263a.32 (relating to bonding).

   (4)  Submit a transporter contingency plan for effective action to minimize and abate discharges or spills of hazardous waste from an incident while transporting hazardous waste, in accordance with the Department’s guidelines for contingency plans.

   (5)  Supply the Department with relevant additional information it may require.

 (c)  Upon receiving the application and the information required in subsection (b), the Department will evaluate the application for a license and other relevant information and issue or deny the license. If a license is denied, the Department will advise the applicant in writing of the reasons for denial.

 (d)  A license granted or renewed under this chapter is valid for 2 years unless the Department determines that circumstances justify issuing a license for less than 2 years. The expiration date will be set forth on the license.

 (e)  A license to transport hazardous wastes is nontransferable and nonassignable and usable only by the licensee and employees of the licensee.

 (f)  The Department may revoke or suspend a license in whole or in part for one or more of the following reasons:

   (1)  Violation of an applicable requirement of the act or a regulation promulgated under the act.

   (2)  Aiding or abetting the violation of the act or a regulation promulgated under the act.

   (3)  Misrepresentation of a fact either in the application for the license or renewal or in information required or requested by the Department.

   (4)  Failure to comply with the terms or conditions placed upon the license or renewal.

   (5)  Failure to comply with an order issued by the Department.

   (6)  Failure to maintain the required bond amount.

 (g)  The application for a license shall be accompanied by a check for $500 payable to the ‘‘Commonwealth of Pennsylvania.’’ The application for license renewal shall be accompanied by a check for $250 payable to the ‘‘Commonwealth of Pennsylvania.’’

 (h)  In addition to the fees required by subsection (g), the transporter shall submit a fee of $5 for each license card requested in excess of ten cards.

 (i)  The licensee shall notify the Department within 30 days of any change in the information contained in the license application.

 (j)  A copy of the transporter contingency plan approved at licensure or approved as amended shall be carried on the transport vehicle while transporting hazardous waste.

   The provisions of this §  263a.13 amended under sections 105, 402 and 501 of the Solid Waste Management Act (35 P. S. § §  6018.105, 6018.402 and 6018.501); sections 303 and 305(e)(2) of the Hazardous Sites Cleanup Act (35 P. S. § §  6020.303 and 6020.305(e)(2)); section 5, 402 and 501 of The Clean Streams Law (35 P. S. § §  691.5, 691.402 and 691.501); and section 1920-A of The Administrative Code of 1929 (71 P. S. § §  510-20).

   The provisions of this §  263a.13 amended December 13, 2002, effective December 14, 2002, 32 Pa.B. 6102; amended January 9, 2009, effective January 10, 2009, 39 Pa.B. 201. Immediately preceding text appears at serial pages (294499) to (294500).

   This section cited in 25 Pa. Code §  263a.12 (relating to transfer facility requirements); 25 Pa. Code §  263a.32 (relating to bond); and 25 Pa. Code §  272.541 (relating to collection contractor).