Chapter 672-10 TRANSPORTATION OF HAZARDOUS MATERIALS

Rule 672-10-.01 Definitions

The following words used in this chapter shall have the following meanings unless the context thereof indicates another meaning:

(a)	Act: Transportation of Hazardous Materials Act, Act 487, Georgia Laws of 1979, p. 789.

(b)	Exclusive Use Vehicle: A vehicle designed or used exclusively for transporting hazardous materials or any vehicle during a trip which, due to requirements based on the nature of a particular load, is allowed to transport only that material.

(c)	Hazardous Material: All radioactive materials, liquified natural gas (LNG), and polychlorinated biphenal (PCB).

(d)	49 CFR: Title 49 of the United States Code of Federal Regulations.

Rule 672-10-.02 Permit Requirements and Letters of Intent

(1)

Permits are required for all loads of liquified natural gas (LNG), all loads of polychlorinated biphenal (PCB), and all loads of radioactive materials which are transported on an exclusive use vehicle, or are spent fuels, or have a Transportation Index in excess of 50, or which are "Large Quantities" as defined in 49 CFR, those being more than 20 curies of Transport Groups I and II, more than 200 curies of Transport Groups III and IV, more than 5,000 curies of Transport Group V, more than 50,000 curies of Transport Groups VI and VII, or more than 5,000 curies of any "Special Form" material.

(2)

Movers of hazardous materials not requiring a permit as specified in (1) above shall initially, and annually thereafter, declare in writing to the Georgia Department of Transportation their intent to transport or continue to transport hazardous materials within the State, furnishing the following information:

(a)	Name and address of the mover;

(b)	Name, address, and phone number of the individual in responsible charge of the movements;

(c)	The estimated number of trips and the types and quantities of hazardous materials to be transported per trip.

Rule 672-10-.03 General Restrictions on Issuance of Permits

(1)	No single trip permit shall be issued authorizing in excess of five (5) travel days for the movement specified.

(2)	No permit shall be required for movements of weaponry or other classified loads when being moved by the U.S. Department of Energy, on government owned vehicles, when under the direction of and escorted by said Department of Energy personnel.

Rule 672-10-.04 General Conditions Applying to All Permits

In addition to compliance with any other conditions imposed on the issuance of a particular permit, any person receiving a permit from the Department thereby certifies that he will comply or has complied (as applicable herein) with the following conditions governing the operation of the permitted vehicle or load. A violation of any of the following conditions may be considered as evidence supporting action to suspend or revoke or deny a permit:

(a)	General. In addition to any specific requirements set forth in the Act or these Rules, all hazardous materials shall be packaged, marked, labeled, handled, loaded, unloaded, stored, detained, transported, placarded, and monitored in compliance with 49 CFR.

(b)

Federal and state laws and regulations. Compliance shall be maintained with applicable laws and regulations of the United States and the State of Georgia including, but not limited to, those of the U.S. Department of Transportation, the U.S. Interstate Commerce Commission, the Public Service Commission of Georgia, the Department of Revenue of Georgia, and Georgia Code. Title 95A.

(c)	Route of Travel. The permitted vehicle or load shall not be operated over any public road in the State other than those described or allowed in the permit.

(d)

Atlanta Restrictions. No permit shall be valid for travel into or through the area bounded by Interstate 285, which is the bypass around the City of Atlanta, unless the vehicle is making a pickup or delivery within the area. The driver must be prepared to show proof of such pickup or delivery. In addition, when a pickup or delivery is to be made within this area, no travel shall be authorized between the hours of 7 a.m. and 9 a.m. or 4 p.m. and 6 p.m. on Monday through Friday. Parking on the Interstate or Limited Access Highway Rights-of-Way will not be permissible for permitted vehicles which are waiting for the authorized times of entry.

(e)

Non transferability. Any person receiving a permit from the Department agrees not to allow the permit to be used by any vehicle which is not owned or leased by such person. In addition, every such permit shall be carried in the vehicle to which it refers, and only the original permit shall be valid.

(f)

Liability Insurance and Other Security. Public Liability and property damage insurance shall be maintained during the existence of the permit in at least the following amounts: Bodily injury, $100,000 per person; $300,000 per occurrence; and property damage, $50,000. The person requesting a permit shall furnish, along with his application, a certificate of Insurance which shall show the insurance carrier, the policy number, the amounts of coverage, and the effective dates of the coverage. He will also take the actions necessary, to ensure that his insurance carrier shall furnish the Department notices of any changes in his insurance coverage at least ten (10) days prior to their effective dates. Nothing contained herein shall be construed so as to make the Department liable for any damage caused by a permitted vehicle or load. The person receiving the permit thereby promises to hold the Department harmless from such claims and to recompense the department or a political subdivision for any expenditures made to repair damages caused by the permitted vehicle or load.

(g)

Cost Recovery. In the event of any incident involving any hazardous materials, regardless of type, quantity, or form, in transport or in storage in this State which causes or threatens to cause a hazardous materials discharge or undue radiation or any other type exposure to any individual, the State may recover from any shipper, carrier, or any other responsible person, costs incurred by the State for activities related to the prevention, abatement, and mitigation of the consequences of such an incident.

(h)	Oversize and overweight conditions. The provisions of these rules in no way exempt the movements of hazardous materials from the requirements for securing oversize and overweight permits when applicable.

Rule 672-10-.05 Special Conditions Applying to Certain Movement

In addition to the conditions set forth in Rule 672-10-.04,"Conditions Applying to All Permits", above, the following special conditions shall apply to the movements of the vehicles or loads specified below:

(a)

Prior notification shall be required for all loads that must have a permit in accordance with Rule 672-10-.02 except loads of PCB being transported in a totally enclosed manner as defined in 40 CFR 761.20 of the United States Code of Federal Regulations. Prior notification shall consist of the driver calling the Department at the number shown on the permit upon beginning any movement within the State, or upon entering the State with any such vehicle or load, and supplying the following information:

1.	Company name;

2.	Permit number;

3.	Load type and amount;

4.	Origin of move--time and place with regard to Georgia;

5.	Destination of move--time and place with regard to Georgia;

6.

Route of travel preferred.

Upon furnishing the information, the driver will be given approval of his route request, or a different route if necessary, and a Georgia DOT Authorization Code, which shall authorize the driver to begin his movement. Upon completion of a movement within the State, or upon leaving the State with any such vehicle or load, the driver shall again call the Department, give his authorization code, and inform the Department that his movement has been completed. If at any time an incident, accident, or breakdown occurs the driver shall immediately call the Department, give his authorization code, and supply all facts concerning the time, location, and nature of the occurrence.

(b)

Movers of quantities of hazardous materials which are not required to secure a permit by Rule 672-10-.02(1), and movers of quantities of hazardous materials which are required to have a permit but are not required by the permit to give prior notification, shall, on an annual basis, submit a written report to the Georgia Department of Transportation specifying for the previous twelve month period the actual number of trips made and the types and quantities of hazardous materials transported per trip. The annual report shall be submitted no later than 30 days following the expiration of an annual letter of intent to transport hazardous materials or the expiration of an annual permit.

(c)	Any shipper or carrier of hazardous materials shall make his records concerning such shipments available to the Department for inspection upon request.

Rule 672-10-.06 Letters of Intent, Applications, and Permit Fees

(1)	Letters of Intent to move hazardous materials, applications for permits, and permit fees shall be addressed to the Office of Permits and Enforcement, State Department of Transportation, 940 Virginia Avenue, Building One, Hapeville, Georgia 30354 (telephone--area code 404-656-5428).

(2)	Letters of Intent. There is no fee required for the submittal of, or subsequent movement made within the authority of a letter of intent.

(3)

Permit Fees. The fees for permits shall be $100.00 for annual permits and $25.00 for a single trip permit. Such fee shall accompany the permit application, or be taken from an escrow account and may be made by cash, company check, money order, or by certified or cashiers check. Personal checks will not be accepted. Checks and money orders shall be made payable to the Department of Transportation, State of Georgia.

(4)

Permit Procedures:

(a)

Single trip permit, application for. An application for a single trip permit may be made by telephone, by letter, or in person, giving the applicable information required, which shall include the name of the person in the organization who is the primary point of contact for information or action with regard to any movement or emergency situation, and other items of vehicle, load, and emergency action information. The permit fee shall be transmitted to the Office of Permits and Enforcement, State Department of Transportation, prior to the issuance of the permit. The Office of Permits and Enforcement, as requested in the application, may use any of the following methods to transmit a single trip permit to the applicant;

1.	Facsimile transmission;

2.

Mail;

3.	Western Union Telegram;

4.	Presentation in person.

(b)

Annual Permit. An application for an annual permit shall be made in writing on the prescribed application form (

Figure #1

).* The application shall be signed and notarized. Upon approval of the application and payment of the required fee, the Office of Permits and Enforcement shall issue the permit by mail or present It to the applicant in person, as requested by the applicant. Any person submitting an application for a "Hazardous Materials" permit shall include as an attachment to the application, an Emergency Action Plan which shall include as a minimum; the phone number and name of the person and alternate in their organization who is the primary point of contact for information or action with regard to any movement or emergency situation; an estimate of the number of trips and types and quantities of hazardous materials to be transported per trip on the permit issued; general information as to the origins, destinations, and route which would be preferred for travel; and a history of actual movements for the preceding three month period.

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