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(1) Transfer facility owners and operators shall comply with the emergency preparedness and prevention requirements set forth in 40 CFR 265, subpart C.

(2) Transfer facility owner and operators shall also comply with the following additional emergency planning and response requirements:

(a) At all times during which hazardous wastes are temporarily stored at the transfer facility there must be an emergency coordinator or a trained designee who is on the premises or on call and available to respond to an emergency by reaching the facility within a short period of time. The emergency coordinator shall coordinate all emergency response measures specified in (2)(c).

(b) The transfer facility owner or operator shall post the following information next to the telephone:

(i) the name and telephone number of the emergency coordinator;

(ii) the location of fire extinguishers and spill control material and, if present, fire alarm;

(iii) the telephone number of the local fire department, unless the transfer facility has a direct alarm; and

(iv) the name, address, and EPA identification number of the transfer facility.

(c) The emergency coordinator or the coordinator’s designee shall respond to any emergencies that arise by formulating a contingency plan under the guidelines of 40 CFR 265, subpart D, and by making appropriate responses. Appropriate responses include the following:

(i) In the event of a fire, the emergency coordinator shall call the fire department and/or attempt to extinguish the fire using a fire extinguisher.

(ii) In the event of a spill, the emergency coordinator shall first determine whether the conditions under (2)(c)(iii) apply and, if so, the emergency coordinator shall follow the steps in (2)(c)(iii); then the emergency coordinator shall contain the flow of hazardous waste to the extent possible, and as soon as is practicable, appropriately clean up the hazardous waste and any contaminated materials or soil.

(iii) In the event of a fire, explosion, spill or other release event that could threaten human health or when the emergency coordinator has knowledge that a spill has reached surface water, the emergency coordinator shall immediately notify the national response center (800-424-8802) and the department (using the 24-hour telephone number, (406) 324-4777). The notifications must include the following information:

(A) the name, address, and EPA identification number of the transfer facility;

(B) the date, time, and type of incident (e.g., spill or fire);

(C) the quantity and type of hazardous waste involved in the incident;

(D) the extent of injuries, if any; and

(E) the estimated quantity and disposition of recovered materials, if any.

History: 75-10-405, MCA; IMP, 75-10-405, MCA; NEW, 2001 MAR p. 169, Eff. 1/26/01; AMD, 2011 MAR p. 234, Eff. 2/25/11.

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