|(a) In the event of a discharge of hazardous waste during transportation,
the transporter shall notify the commission as soon as possible and not later
than 24 hours after the occurrence, according to the provisions of the Texas
Water Code, §26.039, and the procedures set out in the State Oil and
Hazardous Substances Spill Contingency Plan, and also take appropriate immediate
action to protect human health and the environment (e.g., notify local authorities,
dike the discharge).
(b) If a discharge of hazardous waste occurs during transportation
and a commission official acting within the scope of his official responsibilities
determines that immediate removal of the waste is necessary to protect human
health or the environment, that official may authorize the removal of the
waste by transporters who do not have EPA identification numbers and without
the preparation of a manifest.
(c) An air, rail, highway, or water transporter who has discharged
hazardous waste must also:
(1) give notice, if required by 49 Code of Federal Regulations
(CFR) §171.15, to the National Response Center (800-424-8802 or 202-426-2675);
(2) report in writing as required by 49 CFR §171.16 to
the Director, Office of Hazardous Waste Materials Regulations, Materials Transportation
Bureau, Department of Transportation, Washington, D.C. 20590.
(d) A water (bulk shipment) transporter who has discharged
hazardous waste must give the same notice as required by 33 CFR §153.203
for oil and hazardous substances.
(e) A transporter must clean up any hazardous waste discharge
that occurs during transportation or take such action as required in §327.5
of this title (relating to Actions Required) so that the hazardous waste discharge
no longer presents a hazard to human health or the environment.