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NORTH CAROLINA STATUTES AND CODES

§ 130A-295.05. Hazardous waste transfer facilities.

§ 130A‑295.05. Hazardous waste transfer facilities.

(a)        The owner oroperator of a hazardous waste transfer facility in North Carolina shallregister the facility with the Department and shall obtain a hazardous wastetransfer facility identification number for the facility. In order to obtain ahazardous waste transfer facility identification number for the facility, theowner or operator of the facility shall provide all of the followinginformation to the Department at the time of registration:

(1)        The location of thehazardous waste transfer facility.

(2)        The name of theowner of the property on which the hazardous waste transfer facility islocated.

(b)        Except duringtransportation emergencies as determined by the Department, the temporarystorage, consolidation, or commingling of hazardous waste may occur only at ahazardous waste transfer facility that has been issued a facilityidentification number by the Department.

(c)        A hazardous wastetransporter and the owner or operator of a hazardous waste transfer facilityshall conduct all operations at any hazardous waste transfer facility incompliance with the requirements of 40 Code of Federal Regulations Part 263 (1July 2006), 49 U.S.C. § 5101, et seq., and any laws, regulations, or rulesenacted or adopted pursuant to these federal laws. Except as preempted under 49U.S.C. § 5125, a hazardous waste transporter and the owner or operator of ahazardous waste transfer facility shall also conduct all operations at anyhazardous waste transfer facility in compliance with all applicable State lawsor rules.

(d)        A hazardous wastetransporter shall notify the Department, on a form prescribed by theDepartment, of every hazardous waste transfer facility in North Carolina thatthe transporter uses. A hazardous waste transporter shall retain all recordsthat are required to be maintained for at least three years.

(e)        The owner oroperator of a hazardous waste transfer facility shall notify the Department, ona form prescribed by the Department, of every hazardous waste transporter thatmakes use of the facility. The owner or operator of a hazardous waste transferfacility shall retain all records that are required to be maintained for atleast three years. (2007‑107,s. 1.8(c).)

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