Current through Register Vol. 35, No. 18, September 24, 2024
A. Commercial haulers shall:
(1) collect and transport waste so as to
prevent environmental, safety, and public health or welfare hazards and
nuisances;
(2) utilize equipment
that is designed, constructed and operated so as to be leak-proof and
protective of human health and safety and the environment;
(3) cover or enclose the waste to prevent
littering during transportation;
(4) keep collection and transportation
equipment in a clean condition through the use of sufficient washings and
cleanouts;
(5) only transport waste
to a facility that is permitted or registered under 20.9.2 - 20.9.10 NMAC or
that is authorized by another government; provided that this is not to be
construed to limit initial sorting of solid waste on site;
(6) immediately clean up any solid waste
spilled during collection or hauling operations;
(7) conspicuously label all solid waste
collection vehicles with the company, municipality, or county department
name;
(8) conspicuously label all
solid waste collection vehicles with the environment department registration
number;
(9) take reasonable
measures to assure that unauthorized wastes are not accepted; and
(10) if hauling special waste, carry a
contingency plan and clean-up kit as approved pursuant to Paragraphs (3) and
(4) of Subsection B of 20.9.3.31 NMAC.
B. Commercial haulers shall provide prior
notification to the department, in writing, of any major changes in collection
operations or disposal facility being used. A major change includes an addition
of a type of waste, a change in ownership, a change in location and a change in
the disposal facility being used. In the case of emergency, where prior notice
cannot be given, written notice shall be given within 48 hours after the
change.
C. All infectious waste
commercial haulers shall comply with the following transportation requirements:
(1) infectious waste shall not be transported
in the same vehicle with other waste unless the infectious waste is contained
in a separate, fully enclosed leak-proof container within the vehicle
compartment, unless all of the waste has been treated as infectious waste in
accordance with 20.9.8.13 NMAC;
(2)
employers of persons loading or unloading containers of infectious waste shall
assure that employees wear appropriate personal protective equipment and shall
conform with
29 CFR
1910.132 and shall have available for
inspection a certification that the required workplace hazard assessment has
been performed;
(3) surfaces of
transport vehicles contaminated by infectious waste shall be
decontaminated;
(4) vehicles
transporting infectious waste shall be identified on each side of the vehicle
with the name or trademark of the commercial hauler, the environment department
registration number, and a biohazard symbol;
(5) each vehicle or container used for
shipping infectious waste shall be so designed and constructed, and its
contents limited so that under conditions normally incident to transportation,
there shall be no releases of infectious waste to the environment;
(6) any vehicle or container used for
shipping infectious waste shall be free from leaks, and all discharge openings
shall be securely closed during transportation;
(7) no person shall transport infectious
waste into the state for treatment, storage, or disposal unless the waste is
packaged, contained, labeled and transported in the manner required by
20.9.8.13 NMAC;
(8) all generator
storage containers shall be labeled with the generator's name, the city of
origin, and date of collection;
(9)
periods of storage and transportation of infectious waste by commercial haulers
shall be limited to seven days prior to disposal or treatment unless the waste
is refrigerated at or below 45 degrees fahrenheit; the total period of storage
and transportation shall not exceed 45 days unless specifically approved by the
secretary; and
(10) all accidents,
spills, releases, or other similar incidents with the potential to adversely
impact public health or welfare or the environment shall be immediately
reported to the New Mexico emergency response center.
D. Commercial haulers shall maintain an
operating record documenting activities for at least the preceding three year
period. The operating record shall include:
(1) type and weight or volume of solid waste
hauled;
(2) state, county, and
municipality in which the solid waste originated; and
(3) solid waste facilities
utilized.