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Interpretation Response #05-0004 ([Bennett Environmental Inc.] [Ms. Kelly Noelle])

Below is the interpretation response detail and a list of regulations sections applicable to this response.

Interpretation Response Details

Response Publish Date:

Company Name: Bennett Environmental Inc.

Individual Name: Ms. Kelly Noelle

Location State: CA Country: US

View the Interpretation Document

Response text:

Jan 14, 2005

Ms. Kelly Noelle                  Reference No. 05-0004

Manager, Logistics

Bennett Environmental Inc.

208 " 1540 Cornwall Rd.

Oakville. Ontario

Canada

L6J7W5

Dear Ms. Noelle:

This responds to your January 4, 2005 letter requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). Specifically, you ask if your steel containers, commonly referred to as "Flower Pots," are an acceptable means of containment for contaminated soil packaged under § 173.240. You provide detailed photographs and test results indicating that the containers remain securely closed and sift-proof during transit.

Section 173.240(e) authorizes the transportation of certain low hazard solid materials in non-DOT specification sift-proof closed bulk bins. We believe that your packaging is best described as a non-DOT specification closed bulk bin. In order to be deemed sift-proof the completed package may not permit the escape of any of the hazardous material contained therein. In our opinion, based on the test results and photographs provided, this package is sift-proof for contaminated soil and; therefore, is an authorized packaging under § 173.240(e). However, it is the shipper"s responsibility to ensure that the packaging provides sift-proof containment for contaminated soil at the time of shipment and will continue to provide that containment until the package reaches its final destination.

In addition to being sift-proof and closed the package must also meet the general provisions of § 173.240. These provisions require non-DOT specification bins to meet the general packaging requirements for bulk packages in § 173.24 and 173.24b. In addition, the bins are subject to the requirements of the special provisions contained in Column 7 of the Hazardous Materials Table (HMT; § 172.101), as applicable.

I hope this information is helpful. Please contact us if you require additional assistance.

Sincerely,

 

John A. Gale

Chief Standards Development

Hazardous Materials Standards

172.101, 173.240

Regulation Sections

Section Subject
172.101 Purpose and use of hazardous materials table
173.240 Bulk packaging for certain low hazard solid materials