(a) In the event of a discharge of hazardous waste during transportation, the transporter shall take appropriate immediate action to protect human health and the environment, e.g., notify the local response authorities and dike off the discharge area.

(b) An air, highway or water transporter who has discharged hazardous waste within this territory must:

(1) notify Public Health, DPS, TEMCO, and the ASEPA; and

(2) report in writing as required under 49 CFR section 171.16 to the Director, Office of Hazardous Materials Regulations, Materials Transportation Bureau, Department of Transportation, Washington, DC 20590;

(3) give notice, if required by 49 CFR 171.15, to the National Response Center (800-424-8802 or 202-426-2675), and

(4) take any other action required by the emergency response plan required under section 24.0820 of this chapter.

(c) A transporter must clean up any hazardous waste discharge that occurs during transportation or take such action as may be required or approved by federal or local officials so that the hazardous waste discharge no longer presents a hazard to human health or the environment.

History: Rule 02-01, eff 30 Aug 01.