[Code of Federal Regulations]
[Title 49, Volume 2]
[Revised as of October 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 49CFR171.3]

[Page 76]
 
                        TITLE 49--TRANSPORTATION
 
 CHAPTER I--RESEARCH AND SPECIAL PROGRAMS ADMINISTRATION, DEPARTMENT OF 
                             TRANSPORTATION
 
PART 171_GENERAL INFORMATION, REGULATIONS, AND DEFINITIONS--Table of Contents
 
Sec.  171.3  Hazardous waste.

    (a) No person may offer for transportation or transport a hazardous 
waste (as defined in Sec.  171.8 of this subchapter) in interstate or 
intrastate commerce except in accordance with the requirements of this 
subchapter.
    (b) No person may accept for transportation, transport, or deliver a 
hazardous waste for which a manifest is required unless that person:
    (1) Has marked each motor vehicle used to transport hazardous waste 
in accordance with Sec.  390.21 or Sec.  1058.2 of this title even 
though placards may not be required;
    (2) Complies with the requirements for manifests set forth in Sec.  
172.205 of this subchapter; and
    (3) Delivers, as designated on the manifest by the generator, the 
entire quantity of the waste received from the generator or a 
transporter to:
    (i) The designated facility or, if not possible, to the designated 
alternate facility;
    (ii) The designated subsequent carrier; or
    (iii) A designated place outside the United States.

    Note: Federal law specifies penalties up to $250,000 fine for an 
individual and $500,000 for a company and 5 years imprisonment for the 
willful discharge of hazardous waste at other than designated 
facilities. 49 U.S.C. 5124.

    (c) If a discharge of hazardous waste or other hazardous material 
occurs during transportation, and an official of a State or local 
government or a Federal agency, acting within the scope of his official 
responsibilities, determines that immediate removal of the waste is 
necessary to prevent further consequence, that official may authorize 
the removal of the waste without the preparation of a manifest. [Note: 
In such cases, EPA does not require carriers to have EPA identification 
numbers.]

    Note 1: EPA requires shippers (generators) and carriers 
(transporters) of hazardous wastes to have identification numbers which 
must be displayed on hazardous waste manifests. See 40 CFR parts 262 and 
263. (Identification number application forms may be obtained from EPA 
regional offices.)
    Note 2: In 40 CFR part 263, the EPA sets forth requirements for the 
cleanup of releases of hazardous wastes.

[Amdt. 171-53, 45 FR 34586, May 22, 1980, as amended by Amdt. 171-53, 45 
FR 74648, Nov. 10, 1980; Amdt. 171-78, 49 FR 10510, Mar. 20, 1984; Amdt. 
171-107, 54 FR 40068, Sept. 29, 1989; Amdt. 171-111, 55 FR 52466, Dec. 
21, 1990; 56 FR 66157, Dec. 20, 1991; Amdt. 171-2, 59 FR 49132, Sept. 
26, 1994; Amdt. 171-141, 61 FR 21102, May 9, 1996]