Interpretation Response #98-0528 ([Pacific Resource Recovery] [Mr. Bill Rosenthal])

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

Interpretation Response Details

Response Publish Date: 03/19/1998

Company Name: Pacific Resource Recovery

Individual Name: Mr. Bill Rosenthal

Location State: CA Country: US

View the Interpretation Document

Response text:

MAR 19, 1998

Mr. Bill Rosenthal
Pacific Resource Recovery
3150 E. Pico Blvd.
Los Angeles, CA 90023-3683

Dear Mr. Rosenthal:

This is in response to your letter concerning the applicability of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) to a consignee's acceptance of hazardous materials that were improperly packaged, offered for transportation and transported to their intended destination.

Your questions are paraphrased and answered as follows:

Q1. Maya treatment, storage and disposal facility (TSDF) accept hazardous waste packaged in violation of the HMR? The hazardous waste which requires specification packagings is delivered in non-specification packagings. The TSDF is the final destination of the packages of hazardous materials.

A1. The HMR apply to persons who offer for transportation, accept for transportation or transport hazardous materials in commerce. In the scenario you present, if the hazardous materials were delivered to and accepted at the final destination, they are no longer in transportation and the HMR do not apply.

Q2. Are the packages of hazardous material considered out of transportation at the point they are placed on the facility1s loading dock? What is the distinction between the transporter and a facility employee unloading the packagings?

A2. A shipment of packaged hazardous material is considered in transportation until it is received and accepted at its final destination. If the carrier performs the unloading function, the carrier, but not the TSDF, is subject to requirements of the HMR pertaining to packaging or unloading.

Q3. If the facility uses its own transport vehicle to pick up hazardous wastes, must the packagings conform to specifications in the HMR?

A3. Yes. Section 177.801 specifies that no person may accept for transportation or transport by motor vehicle a hazardous material that is not prepared in accordance with the requirements of the HMR.

I hope this information is helpful. If you need additional information, please do not hesitate to contact this office.

Sincerely,

Thomas G. Allan
Senior Transportation
Regulations Specialist

Regulation Sections