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Transporter - Ten Day Facility Requirements Full Text Version
Requirement & Regulatory Citation
Full Text Requirement & Regulatory Citation
*TEN DAY FACILITY REQUIREMENTS *TEN DAY FACILITY REQUIREMENTS
Was the hazardous waste transfer facility operated by a licensed hazardous waste transporter who owns or leases the property?.[N.J.A.C. 7:26G-7.4(a)] A hazardous waste transfer facility shall be operated by a licensed hazardous waste transporter, who owns or leases the property upon which the transfer facility is located. If the property is leased, the lease shall be a written agreement between the property owner and the licensed hazardous waste transporter which discloses the hazardous nature of the operation.[N.J.A.C. 7:26G-7.4(a)]
Was storage, consolidation, or commingling conducted only at a hazardous waste transfer facility or authorized hazardous waste facility?.[N.J.A.C. 7:26G-7.4(b)] Except during emergencies in transportation, hazardous waste storage, consolidation, or commingling may be conducted only at a hazardous waste transfer facility as described in (a) above or an authorized hazardous waste facility, which is designated on the manifest. Storage, consolidation, or commingling of hazardous waste in transit shall not occur except as authorized under this section, and within the time limits established in this section.[N.J.A.C. 7:26G-7.4(b)]
Did the owner or operator of a hazardous waste transfer facility comply with notification requirements prior to operating?.[N.J.A.C. 7:26G-7.4(c)] The owner or operator of the hazardous waste transfer facility shall notify the Department in writing prior to conducting activities at the transfer facility. The owner or operator of hazardous waste transfer facility shall submit, as part of the initial transporter license application, the annual hazardous waste transporter license renewal at N.J.A.C. 7:26G-7.2(a)5, or written notification to update transporter license information at N.J.A.C. 7:26G-7.2(a)7, the address of the hazardous waste transfer facility and an indication whether the property where the transfer facility is located is owned or leased by the transporter. If the hazardous waste transfer facility is to be operated pursuant to a lease in accordance with (a) above, a copy of the lease shall be submitted as part of the hazardous waste transporter license application, license renewal, or written notification to update license information.[N.J.A.C. 7:26G-7.4(c)]
Did the owner or operator of a hazardous waste transfer facility maintain written log(s)?.[N.J.A.C. 7:26G-7.4(d)] The owner or operator of the hazardous waste transfer facility shall maintain at the transfer facility a written operating log (or logs, as necessary) documenting the movement of hazardous waste into and out of the hazardous waste facility and any hazardous waste transfers occurring at the facility and documenting compliance with the conditions set forth at (f), (g) and (h) below.[N.J.A.C. 7:26G-7.4(d)]
Did the transporter utilizing a hazardous waste transfer facility enter the necessary information on the log(s)?.[N.J.A.C. 7:26G-7.4(e)] Each transporter utilizing the hazardous waste transfer facility shall enter the necessary information on the log(s) regarding his hazardous waste shipment.[N.J.A.C. 7:26G-7.4(e)]
Was the transporter who stores or consolidates closed containers at a hazardous waste transfer facility a licensed hazardous waste transporter?.[N.J.A.C. 7:26G-7.4(f)1] A hazardous waste transporter, who stores or consolidates closed containers of manifested shipments of hazardous waste at a hazardous waste transfer facility for a period of 10 days or less, is not subject to regulations at N.J.A.C. 7:26G-8 through 12 except as noted herein, provided that the following requirements are met: The transporter consolidating the containers of hazardous waste is a licensed hazardous waste transporter in the State of New Jersey.[N.J.A.C. 7:26G-7.4(f)1]
Did the transporter store or consolidate closed containers at a hazardous waste transfer facility that was located at the facility indicated as the designated facility on the manifest?.[N.J.A.C. 7:26G-7.4(f)2] A hazardous waste transporter, who stores or consolidates closed containers of manifested shipments of hazardous waste at a hazardous waste transfer facility for a period of 10 days or less, is not subject to regulations at N.J.A.C. 7:26G-8 through 12 except as noted herein, provided that the following requirements are met: The hazardous waste transfer facility is not located at the interim status or permitted hazardous waste facility indicated as the designated facility on the hazardous waste manifests.[N.J.A.C. 7:26G-7.4(f)2]
Did the transporter who stores or consolidates closed containers at a hazardous waste transfer facility use containers meeting applicable USDOT packaging regulations in 49 C.F.R. Parts 171 ? 180?.[N.J.A.C. 7:26G-7.4(f)3] A hazardous waste transporter, who stores or consolidates closed containers of manifested shipments of hazardous waste at a hazardous waste transfer facility for a period of 10 days or less, is not subject to regulations at N.J.A.C. 7:26G-8 through 12 except as noted herein, provided that the following requirements are met: The hazardous waste is held in closed containers which meet the applicable U.S. Department of Transportation packaging regulations specified in 49 C.F.R. Parts 171 through 180, as amended.[N.J.A.C. 7:26G-7.4(f)3]
Did the transporter who stores or consolidates closed containers at a hazardous waste transfer facility maintain the containers in good condition?.[N.J.A.C. 7:26G-7.4(f)4] A hazardous waste transporter, who stores or consolidates closed containers of manifested shipments of hazardous waste at a hazardous waste transfer facility for a period of 10 days or less, is not subject to regulations at N.J.A.C. 7:26G-8 through 12 except as noted herein, provided that the following requirements are met: The hazardous waste containers are in good condition (that is, no severe rusting, apparent defects or deterioration) and are not leaking.[N.J.A.C. 7:26G-7.4(f)4]
Did the transporter who stores or consolidates closed containers at a hazardous waste transfer facility comply with the hazardous materials segregation criteria?.[N.J.A.C. 7:26G-7.4(f)5] A hazardous waste transporter, who stores or consolidates closed containers of manifested shipments of hazardous waste at a hazardous waste transfer facility for a period of 10 days or less, is not subject to regulations at N.J.A.C. 7:26G-8 through 12 except as noted herein, provided that the following requirements are met: The storage or consolidation of the containers of hazardous waste complies with the hazardous materials segregation criteria at 49 C.F.R. 177.848 or 174.81, and with the guidance on incompatible hazardous waste mixtures in Appendix V of 40 C.F.R. Part 265.[N.J.A.C. 7:26G-7.4(f)5]
Did the transporter who stores or consolidates containers at a hazardous waste transfer facility keep containers of hazardous waste closed?.[N.J.A.C. 7:26G-7.4(f)6] A hazardous waste transporter, who stores or consolidates closed containers of manifested shipments of hazardous waste at a hazardous waste transfer facility for a period of 10 days or less, is not subject to regulations at N.J.A.C. 7:26G-8 through 12 except as noted herein, provided that the following requirements are met: The containers of hazardous waste remain closed, and no waste or other materials shall be removed from or added to the containers except to commingle hazardous wastes with identical USDOT shipping descriptions in accordance with (g) below or as necessary to respond to an emergency situation.[N.J.A.C. 7:26G-7.4(f)6]
Did the transporter who stores or consolidates closed containers at a hazardous waste transfer facility remove the newly consolidated waste loads at or prior to the 10-day limit?.[N.J.A.C. 7:26G-7.4(f)7] A hazardous waste transporter, who stores or consolidates closed containers of manifested shipments of hazardous waste at a hazardous waste transfer facility for a period of 10 days or less, is not subject to regulations at N.J.A.C. 7:26G-8 through 12 except as noted herein, provided that the following requirements are met: The newly consolidated waste load shall be removed from the transfer facility at or prior to reaching the 10 day limit by the component of the waste load which has been at the transfer facility the longest.[N.J.A.C. 7:26G-7.4(f)7]
Was the transporter who commingles hazardous waste at a hazardous waste transfer facility a licensed hazardous waste transporter?.[N.J.A.C. 7:26G-7.4(g)1] A hazardous waste transporter who commingles hazardous waste with identical USDOT shipping descriptions (provided the commingling does not constitute treatment) at a transfer facility for a period of 10 days or less is not subject to regulations at N.J.A.C. 7:26G-8 through 12 except as noted in this subchapter, provided the following requirements are met: The transporter commingling the waste is a licensed hazardous waste transporter in the State of New Jersey.[N.J.A.C. 7:26G-7.4(g)1]
Did the transporter commingle hazardous waste at a hazardous waste transfer facility that was located at the facility indicated as the designated facility on the manifest?.[N.J.A.C. 7:26G-7.4(g)2] A hazardous waste transporter who commingles hazardous waste with identical USDOT shipping descriptions (provided the commingling does not constitute treatment) at a transfer facility for a period of 10 days or less is not subject to regulations at N.J.A.C. 7:26G-8 through 12 except as noted in this subchapter, provided the following requirements are met: The hazardous waste transfer facility is not located at the interim status or permitted hazardous waste facility indicated as the designated facility on the manifests.[N.J.A.C. 7:26G-7.4(g)2]
Did the transporter commingle hazardous waste between containers meeting applicable USDOT packaging regulations in 49 C.F.R. Parts 107, 171 ? 180?.[N.J.A.C. 7:26G-7.4(g)3] A hazardous waste transporter who commingles hazardous waste with identical USDOT shipping descriptions (provided the commingling does not constitute treatment) at a transfer facility for a period of 10 days or less is not subject to regulations at N.J.A.C. 7:26G-8 through 12 except as noted in this subchapter, provided the following requirements are met: The hazardous waste is commingled between containers which meet the applicable US Department of Transportation packaging regulations specified in 49 C.F.R. 107, 171 through 180, as amended.[N.J.A.C. 7:26G-7.4(g)3]
Did the transporter only commingle hazardous waste that is designated on the generators' manifests for receipt by the same designated facility?.[N.J.A.C. 7:26G-7.4(g)4] A hazardous waste transporter who commingles hazardous waste with identical USDOT shipping descriptions (provided the commingling does not constitute treatment) at a transfer facility for a period of 10 days or less is not subject to regulations at N.J.A.C. 7:26G-8 through 12 except as noted in this subchapter, provided the following requirements are met: The hazardous wastes that are commingled are designated on the generators' hazardous waste manifests for receipt by the same designated hazardous waste facility.[N.J.A.C. 7:26G-7.4(g)4]
Did the transporter who commingles hazardous waste at a hazardous waste transfer facility amend the generators' manifests to reflect the commingling of hazardous waste?.[N.J.A.C. 7:26G-7.4(g)5] A hazardous waste transporter who commingles hazardous waste with identical USDOT shipping descriptions (provided the commingling does not constitute treatment) at a transfer facility for a period of 10 days or less is not subject to regulations at N.J.A.C. 7:26G-8 through 12 except as noted in this subchapter, provided the following requirements are met: The hazardous waste transporter amends the generators' manifests to reflect the commingling of hazardous wastes by the transporter, and to describe accurately the containers and quantities of hazardous wastes shipped after the commingling.[N.J.A.C. 7:26G-7.4(g)5]
Did the transporter who commingles hazardous waste at a hazardous waste transfer facility remove the newly commingled waste load at or prior to the 10-day limit?.[N.J.A.C. 7:26G-7.4(g)6] A hazardous waste transporter who commingles hazardous waste with identical USDOT shipping descriptions (provided the commingling does not constitute treatment) at a transfer facility for a period of 10 days or less is not subject to regulations at N.J.A.C. 7:26G-8 through 12 except as noted in this subchapter, provided the following requirements are met: The newly commingled waste load shall be removed from the transfer facility at or prior to reaching the 10 day limit by the component waste which has been at the transfer facility the longest.[N.J.A.C. 7:26G-7.4(g)6]
Was the transporter who consolidates hazardous waste by transferring from one container to one or more empty containers at a hazardous waste transfer facility a licensed hazardous waste transporter?. [N.J.A.C. 7:26G-7.4(h)1] A hazardous waste transporter, who consolidates by transferring hazardous waste from one container to one or more empty containers (meeting the conditions at 40 C.F.R. 261.7 as incorpoirated by reference at N.J.A.C. 7:26G-5) at a hazardous waste transfer facility for a period of 10 days or less, is not subject to N.J.A.C. 7:26G-8 through 12 except as noted in this subchapter, provided the following requirements are met: the transporter consolidating the hazardous waste is a licensed hazardous waste transporter in the State of New Jersey. [N.J.A.C. 7:26G-7.4(h)1]
Did the transporter consolidate hazardous waste by transferring from one container to one or more empty containers at a hazardous waste transfer facility that was located at the facility indicated as the designated facility on the manifest?. [N.J.A.C. 7:26G-7.4(h)2] A hazardous waste transporter, who consolidates by transferring hazardous waste from one container to one or more empty containers (meeting the conditions at 40 C.F.R. 261.7 as incorpoirated by reference at N.J.A.C. 7:26G-5) at a hazardous waste transfer facility for a period of 10 days or less, is not subject to N.J.A.C. 7:26G-8 through 12 except as noted in this subchapter, provided the following requirements are met: the hazardous waste transfer facility is not located at the interim status or permitted hazardous waste facility indicated as the designated facility on the hazardous waste manifest. [N.J.A.C. 7:26G-7.4(h)2]
Did the transporter consolidate hazardous waste by transferring from one container to one or more empty containers at a hazardous waste transfer facility ensure that the transfer involved liquid hazardous waste only?. [N.J.A.C. 7:26G-7.4(h)3] A hazardous waste transporter, who consolidates by transferring hazardous waste from one container to one or more empty containers (meeting the conditions at 40 C.F.R. 261.7 as incorpoirated by reference at N.J.A.C. 7:26G-5) at a hazardous waste transfer facility for a period of 10 days or less, is not subject to N.J.A.C. 7:26G-8 through 12 except as noted in this subchapter, provided the following requirements are met: the transfer involves liquid hazardous waste only. [N.J.A.C. 7:26G-7.4(h)3]
Did the transporter consolidate hazardous waste by transferring from one container to one or more empty containers at a hazardous waste transfer facility ensure that the contents of only one container are transferred at a time?. [N.J.A.C. 7:26G-7.4(h)4] A hazardous waste transporter, who consolidates by transferring hazardous waste from one container to one or more empty containers (meeting the conditions at 40 C.F.R. 261.7 as incorpoirated by reference at N.J.A.C. 7:26G-5) at a hazardous waste transfer facility for a period of 10 days or less, is not subject to N.J.A.C. 7:26G-8 through 12 except as noted in this subchapter, provided the following requirements are met: the contents of only one container shall be transferred at a time. [N.J.A.C. 7:26G-7.4(h)4]
Did the transporter that consolidates hazardous waste by transferring from one container to one or more empty containers at a transfer facility ensure that prior to and after consolidation the hazardous waste is stored in closed containers which meet the applicable USDOT packaging regulations?. [N.J.A.C. 7:26G-7.4(h)5] A hazardous waste transporter, who consolidates by transferring hazardous waste from one container to one or more empty containers (meeting the conditions at 40 C.F.R. 261.7 as incorpoirated by reference at N.J.A.C. 7:26G-5) at a hazardous waste transfer facility for a period of 10 days or less, is not subject to N.J.A.C. 7:26G-8 through 12 except as noted in this subchapter, provided the following requirements are met: prior to and after consolidation, the hazardous waste is stored in closed containers, which meet the applicable U.S. Department of Transportation packaging regulations specified in 49 C.F.R. Parts 171 through 180, as amended. [N.J.A.C. 7:26G-7.4(h)5]
Was consolidated hazardous waste stored in compliance with the hazardous materials segregation criteria and the guidance on incompatible hazardous waste mixtures?. [N.J.A.C. 7:26G-7.4(h)6] A hazardous waste transporter, who consolidates by transferring hazardous waste from one container to one or more empty containers (meeting the conditions at 40 C.F.R. 261.7 as incorpoirated by reference at N.J.A.C. 7:26G-5) at a hazardous waste transfer facility for a period of 10 days or less, is not subject to N.J.A.C. 7:26G-8 through 12 except as noted in this subchapter, provided the following requirements are met: the storage of the consolidated hazardous waste complies with the hazardous materials segregation criteria at 49 C.F.R. 177.848 or 174.81, and with the guidance on incompatible hazardous waste mixtures in Appendix V of 40 C.F.R. Part 265. [N.J.A.C. 7:26G-7.4(h)6]
Was the cumulative capacity of the empty containers intended to receive the waste sufficient to containerize the total amount of hazardous waste involved in the transfer?. [N.J.A.C. 7:26G-7.4(h)7] A hazardous waste transporter, who consolidates by transferring hazardous waste from one container to one or more empty containers (meeting the conditions at 40 C.F.R. 261.7 as incorpoirated by reference at N.J.A.C. 7:26G-5) at a hazardous waste transfer facility for a period of 10 days or less, is not subject to N.J.A.C. 7:26G-8 through 12 except as noted in this subchapter, provided the following requirements are met: the cumulative capacity of the empty containers (meeting the conditions at 40 C.F.R. 261.7 as incorporated by reference at N.J.A.C. 7:26G-5) intended to receive the waste shall be sufficient to containerize the total amount of hazardous waste involved in the transfer. [N.J.A.C. 7:26G-7.4(h)7]
Did the transporter commingle hazardous wastes of different USDOT shipping descriptions?.[N.J.A.C. 7:26G-7.4(i)] The commingling of hazardous wastes of different USDOT shipping descriptions is prohibited.[N.J.A.C. 7:26G-7.4(i)]
Last Updated: July 25, 2003
NJDEP-Compliance & Enforcement
 
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