[Code of Federal Regulations]

[Title 49, Volume 2]

[Revised as of October 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 49CFR171.3]



[Page 79-80]

 

                        TITLE 49--TRANSPORTATION

 

   CHAPTER I--PIPELINE AND HAZARDOUS MATERIALS SAFETY 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.



[[Page 80]]



    (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]