26.13.10.18

.18 Small Quantity Handlers of Universal Waste — Shipments.

A. Off-Site Shipments.

(1) A small quantity handler of universal waste may not send or take universal waste to a place other than:

(a) Another universal waste handler;

(b) A destination facility; or

(c) A destination outside of the United States.

(2) If a small quantity handler of universal waste self-transports universal waste off-site, the handler becomes a universal waste transporter for those self-transportation activities and shall comply with the transporter requirements of Regulation .22 of this chapter while transporting the universal waste.

(3) If a universal waste being offered for off-site transportation meets the definition of hazardous materials under 49 CFR 171—180, a small quantity handler of universal waste shall package, label, mark, and placard the shipment, and prepare the proper shipping papers in accordance with the applicable U.S. Department of Transportation regulations under 49 CFR 172—180.

(4) Before sending a shipment of universal waste to another universal waste handler, the originating handler shall verify that the receiving handler agrees to receive the shipment.

(5) If a small quantity handler of universal waste sends a shipment of universal waste to another handler or to a destination facility and the shipment is rejected by the receiving handler or destination facility, the originating handler shall either:

(a) Receive the waste back when notified that the shipment has been rejected; or

(b) Agree with the receiving handler on a destination facility to which the shipment will be sent.

(6) Rejecting Shipments of Universal Waste.

(a) A small quantity handler of universal waste may reject a shipment containing universal waste, or a portion of a shipment containing universal waste that the handler has received from another handler.

(b) If a handler rejects a shipment or a portion of a shipment, the handler shall contact the originating handler to notify the originating handler of the rejection and to discuss reshipment of the load.

(c) A small quantity handler of universal waste who rejects a shipment of universal waste shall:

(i) Send the shipment back to the originating handler; or

(ii) If agreed to by both the originating and receiving handler, send the shipment to a destination facility.

(7) If a small quantity handler of universal waste receives a shipment containing hazardous waste that is not a universal waste, and the handler does not have a permit to accept that hazardous waste, the handler shall immediately:

(a) Notify the Department of the illegal shipment;

(b) Provide the Department with the name, address, and phone number of the originating shipper; and

(c) Obtain instructions for managing the hazardous waste from the Department and manage the waste in accordance with those instructions.

(8) If a small quantity handler of universal waste receives a shipment of nonhazardous, nonuniversal waste, the handler may manage the waste in any way that is in compliance with applicable federal, State, and local solid waste regulations.

B. Tracking Universal Waste Shipments. A small quantity handler of universal waste is not required to keep records of shipments of universal waste.

C. Exports. A small quantity handler of universal waste that sends universal waste to a destination outside the United States:

(1) Other than to those countries of the Organization for Economic Cooperation and Development (OECD) specified in COMAR 26.13.03.07-5C(1), shall:

(a) Comply with the requirements applicable to a primary exporter in COMAR 26.13.03.07-1A, 26.13.03.07-2C(2)(a)—(e), 26.13.03.07-2C(4), and 26.13.03.07-2D;

(b) Export the universal waste only upon consent of the receiving country and in conformance with the EPA Acknowledgement of Consent, as defined in 40 CFR Part 262, Subpart E; and

(c) Provide a copy of the EPA Acknowledgment of Consent for the shipment to the transporter of the shipment for export.

(2) That is one of the OECD member countries specified in COMAR 26.13.03.07-5C(1) shall comply with the requirements of 40 CFR Part 262, Subpart H.