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Chapter 446-50 WAC

 Last Update: 12/22/93

Transportation of hazardous materials

WAC Sections

446-50-010 Authority.
446-50-020 Purpose.
446-50-030 Definitions.
446-50-050 Inspection.
446-50-060 Inspection forms.
446-50-070 Intrastate quarterly inspection.
446-50-080 Transportation requirements.
DISPOSITIONS OF SECTIONS FORMERLY CODIFIED IN THIS CHAPTER
446-50-040 Procedure upon entering the state. [Statutory Authority: RCW 46.48.190. 80-01-009 (Order 79-4), § 446-50-040, filed 12/11/79.]  Repealed by 94-01-180, filed 12/22/93, effective 1/22/94.  Statutory Authority: RCW 46.48.190.

446-50-010
Authority.

  Chapter 46.48 RCW authorizes the Washington state patrol acting by and through its chief after conferring with the committee created by RCW 46.48.190 to adopt regulations concerning the safe transportation of hazardous materials, hazardous waste, and radioactive waste materials upon the public highways of this state. Chapter 46.32 RCW permits the inspection of vehicles traveling on the highways of this state.



[Statutory Authority: RCW 46.48.190. 81-03-008 (Order 80-2), § 446-50-010, filed 1/8/81; 80-01-009 (Order 79-4), § 446-50-010, filed 12/11/79.]

446-50-020
Purpose.

  These rules are intended to protect persons and property from unreasonable risk of harm or damage due to incidents or accidents resulting from the transportation of hazardous materials and hazardous waste and to insure that the vehicle equipment of all carriers of radioactive waste materials are inspected by the Washington state patrol.



[Statutory Authority: RCW 46.48.190. 81-03-008 (Order 80-2), § 446-50-020, filed 1/8/81; 80-01-009 (Order 79-4), § 446-50-020, filed 12/11/79.]

446-50-030
Definitions.

  (1) Port of entry - means any place where members of the Washington state patrol or any state official are stationed to check the movement of vehicles into the state of Washington.

     (2) Certification inspection - means an inspection form furnished by the chief of the Washington state patrol for the purpose of defining the proper items of equipment to be inspected.

     (3) Radioactive waste materials - means any material or combination of materials as provided for in Title 49, Code of Federal Regulations, Part 172.101 Hazardous Materials Table.

     (4) Hazardous material carrier - means any vehicle transporting any hazardous material provided for in Title 49, Code of Federal Regulations, Part 172.101 Hazardous Materials Table.

     (5) Radioactive waste materials disposal site - means a location that has been designated by the federal and state government where radioactive waste material can be deposited for the purpose of disposal.



[Statutory Authority: RCW 46.48.190. 80-01-009 (Order 79-4), § 446-50-030, filed 12/11/79.]

446-50-050
Inspection.

  All carriers of radioactive waste materials within the state shall submit to a comprehensive safety equipment inspection conducted by members of the Washington state patrol. These equipment inspections shall be conducted under the authority of RCW 46.48.170 through 46.48.190.



[Statutory Authority: RCW 46.48.190. 80-01-009 (Order 79-4), § 446-50-050, filed 12/11/79.]

446-50-060
Inspection forms.

  No interstate carrier of radioactive waste material will be allowed to enter any radioactive waste materials disposal site without displaying a certificate of inspection form issued by a member of the Washington state patrol, for that particular load. The chief of the Washington state patrol shall prepare and furnish such certificate of inspection forms and any other forms deemed necessary to assure compliance.



[Statutory Authority: RCW 46.48.190. 80-01-009 (Order 79-4), § 446-50-060, filed 12/11/79.]

446-50-070
Intrastate quarterly inspection.

  Intrastate radioactive waste material carriers will be required to contact the Washington state patrol and submit to an inspection on a quarterly basis. Upon being contacted by the radioactive waste material carriers the Washington state patrol will conduct a thorough equipment inspection of that intrastate carrier at a designated location. Upon completion of the inspection the carrier will be issued an inspection sticker that will be valid for ninety days. A current and valid inspection sticker will be required for entry into the radioactive waste material site.



[Statutory Authority: RCW 46.48.190. 80-01-009 (Order 79-4), § 446-50-070, filed 12/11/79.]

446-50-080
Transportation requirements.

  (1) The Washington state patrol acting by and through the chief of the Washington state patrol after conferring with the committee created by RCW 46.48.190 hereby adopts the following parts of Title 49 Code of Federal Regulations, as they exist during 1985, subject to any appendices and amendments in the future: 170 (Reserved), 171 General information, regulations, and definitions, 172 Hazardous materials table and hazardous materials communications regulations, 173 Shippers -- General requirements for shipments and packaging, 177 Carriage on public highway, 178 Shipping container specifications, 180-189 (Reserved). Title 49 CFR, parts 100 through 199, relates to safety in the transportation of hazardous materials upon the public highways. This regulation is intended to apply only to the transportation of hazardous materials by highway in Washington, to the handling and storage operations incident to such transportation, and to the highway portion of an intermodal shipment of hazardous materials.

     (2) Copies of Title 49 CFR, parts 100 through 199, now in force are on file at the code reviser's office, Olympia[,] and at the Washington state patrol headquarters, commercial vehicle enforcement section, Olympia. Additional copies may be available for review at Washington state patrol district headquarters offices, public libraries, Washington utilities and transportation [(commission offices and at the United States Department of Transportation)], bureau of motor carrier safety office, Olympia. Copies of the CFR may be purchased through the Superintendent of Documents, United States Government Printing Office, Washington, D.C. 20402.



[Statutory Authority: RCW 46.48.170 - 46.48.190. 85-20-070 (Order 85-1), § 446-50-080, filed 9/30/85. Statutory Authority: RCW 46.48.170. 84-05-010 (Order 82-3), § 446-50-080, filed 2/7/84; 83-03-008 (Order 82-3), § 446-50-080, filed 1/11/83; 82-07-100 (Order 82-2), § 446-50-080, filed 3/24/82. Statutory Authority: RCW 46.48.190. 81-03-008 (Order 80-2), § 446-50-080, filed 1/8/81; 80-01-009 (Order 79-4), § 446-50-080, filed 12/11/79.]


Notes:

     Reviser's note:  RCW 34.05.395 requires the use of underlining and deletion marks to indicate amendments to existing rules, and deems ineffectual changes not filed by the agency in this manner. The bracketed material in the above section does not appear to conform to the statutory requirement.