Current through Register Vol. 41, No. 3, September 23, 2024
A. All transportation of solid waste or
regulated medical waste on state waters shall be in containers meeting the
specifications and standards specified in this section.
B. Each container must meet the following:
1. Each container shall be watertight and
shall be designed, constructed, loaded, operated, secured and maintained so as
to prevent the escape of wastes, liquids, and odors and to prevent the loss or
spillage of wastes in the event of an accident.
2. Each container shall be stacked no higher
on barges than allowable under federal law, and shall be secured to the barges
to prevent accidents during transportation, loading and unloading.
3. Each container shall be completely
enclosed, rigid, and constructed of nonpermeable material.
4. Each container shall meet all applicable
U.S. Department of Transportation specifications.
5. Waste that is rocks, brick, cement block,
uncontaminated dirt, broken concrete or road pavement and contains no paper,
vegetative waste, wallboard or wood waste may be contained in covered barges
without other containerization and the barge itself shall be considered the
container if the following requirements are met:
a. The barge shall fully comply with all
other requirements of this section,
9VAC20-170-70, except subdivisions
D1, D2 and D3 a, and subsection E of this section.
b. The waste shall be free of municipal
waste, sludge, hazardous waste, regulated medical waste, radiological waste,
putrescible waste, ash, waste that gives off gases or objectionable odors,
petroleum products, industrial chemicals, industrial waste, or any waste that
causes a nuisance.
C. Each container shall be identified on a
manifest in accordance with
9VAC20-170-100 and be accompanied
by a current certificate from the owner of the container that it has been
tested and found to be watertight in accordance with the requirements of this
part.
D. Each container shall be
certified for special service by a delegated approval authority approved by the
U.S. Coast Guard in accordance with 49 CFR Parts 450 through 453 as having met
the requirements for the approval of prototype containers described in Sections
1.5 and 1.17.2 of the Rules for Certification of Cargo Containers, 1998,
American Bureau of Shipping, including a special container prototype test as
follows: a minimum internal head of three inches of water shall be applied to
all sides, seams, bottom and top of the container for at least 15 minutes on
each side, seam, bottom and top, during which the container shall remain free
from the escape of water. Delegated approval authority certification shall
include, at least, the following items.
1.
Each container shall be certified and bear a plate (CSC plate) showing
certification of compliance with the International Convention for Safe
Containers standards for ocean shipping containers (1972 (CSC), 1996
Edition).
2. Each container shall
be certified as meeting the American Bureau of Shipping's general
specifications (see Section 6 of the Rules for Certification of Cargo
Containers, 1987, American Bureau of Shipping), including weathertightness for
general service. Each container shall have affixed to it in a visible and
accessible location a decal including the ABS general service emblem, special
service emblem, a notice and date of certification, and the names, addresses
and telephone numbers of the person performing the test and the owner of the
container.
3. Each container shall
be certified as having passed the following test when it is placed in service
and at least once every six months thereafter while it remains in service:
a. Each container shall have a minimum
internal head of 24 inches of water applied to the container in an upright
position for at least 15 minutes during which the container shall remain free
from the escape of water. All wastewater and contaminated water resulting from
this test procedure shall be disposed of in compliance with the applicable
regulations of the State Water Control Board.
b. Each container shall be visually inspected
for damage on all sides, plus the top and bottom and must have no visible
holes, gaps or structural damage affecting its integrity or
performance.
E. Each container shall have affixed to it in
a visible and accessible location:
(i) a
decal including the ABS general service emblem, a notice and date of
certification, and the name and address and telephone numbers of the person
performing the test and the owner of the container,
(ii) a CSC plate showing compliance with the
International Convention for Safe Container Standards as prescribed in this
section,
(iii) the delegated
approval authority certification for compliance with the provisions set forth
in subsection D of this section, including a notice and date of certification
and the names, addresses and telephone numbers of the persons performing the
task and the owner of the container, and
(iv) a special service emblem.
F. Owners of all containers shall
keep a record of testing of each container for, at least, the preceding three
years and provide copies of those records to persons who lease or handle the
container. Such records shall be available to the department for inspection at
the receiving facility.
G.
Following each unloading of solid waste from a container, each container shall
be visually inspected, as practical, at the solid waste management facility
immediately upon unloading for damage on all sides, plus top and bottom, and
shall have no visible holes, gaps, or structural damage affecting its integrity
or performance.
H. Notwithstanding
the foregoing, during transportation, holding and storage operations or in the
event of an accident, the (i) entry of liquids into a container; (ii) escape,
loss or spillage of wastes or liquids from a container; or (iii) escape of
odors from a container shall be a violation of this chapter.
Statutory Authority
§ 10.1-1454.1 of the Code of Virginia.
