City of Surprise, Water Services Department — Hazardous Materials Safety Interpretation

Page 1U.S. Department of Transportation 400 Seventh Street, S.W. Washington, D.C. 20590 Hazardous Materials Safety Pipeline and Administration NOV 15 2006 Ms. Christine Nuñez Environmental Manager Reference No.: 06-0225 12425 W. Bell Road, Suite D-100 City of Surprise, Water Services Department Surprise, AZ. 85374-9002 Dear Ms. Nuñez: This reponds to your letter concerning the applicability of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) to government agencies and government contractors. You ask if the City of Surprise is subject to the HMR if it hires a contractor to perform all shipper or carrier functions. The HMR apply to the transportation of hazardous materials in commerce. The HMR do not apply to the transportation of a hazardous material in a motor vehicle, aircraft, or vessel governmental purposes because such transportation is not considered to be "in commerce" operated by a Federal, state, or local government employee solely for noncommercial (see § 171.1(d)(5)). Thus, if City of Surprise employees prepare and transport hazardous waste for disposal, that transportation is not subject to the HMR. Persons performing pre-transportation or transportation functions under contract with a Federal, state, or local government entity are subject to the HMR. Thus, if the City of load, and transport hazardous waste on its behalf, the contractor must comply with all Surprise contracts with a third party to class, package, prepare shipping documentation, applicable HMR requirements. The HMR do not require hazardous materials shippers and carriers to obtain a permit to a person who offers for transportation or transports one or more of the hazardous materials transport hazardous materials. However, in accordance with 49 CFR Part 107, Subpart G, listed in 49 CFR 107.601 must register and pay a registration fee. You are correct that a government agency is not required to register. I trust this satisfies your request. Sincerely, Hotte thieh 107.601 Hattie L. Mitchell Chief, Regulatory Review and Reinvention 1711(25) Office of Hazardous Materials Standards 173.22 060225#

Page 2Corbin Page 1 of 1 $107.601 INFOCNTR <PHMSA> 8173:22 From: Christine Nunez (Christine: Nunez@ surprisaz com Registration Shipper's Sent: Friday, October 06, 2006 1:18 PM To: INFOCNTR <PHMSA> Responsibility Attachments: Christine Nuñez.vcf 06-0225 I called and spoke with a representative from your organization on the telephone have researched. but I am looking for a written interpretation of what I thought I heard and what I I work for a local government agency (the City of Surprise in Arizona) and I have a small quantity of hazardous material to be hauled off and disposed of - I would like to hire a third party to characterize it, quantify it, package it and ship it. My question is: As a local government (a City or a Department of the City) are we required to apply or get permitted to ship (offer) this hazardous waste? Based on my research here is what I came up with: If we do not have radioactive, explosives, extremely toxic, or over 3500 pounds, we do not require placarding then we do not have to apply to offer this waste - additionally as a local government agency we are exempt. Also, if we hire a third party they have to do it all - characterize, package, load, ship, and dispose the we do not have any requirements upon us - not that we should not have knowledge and training for safety purposes but legally we are not required to do anything else but hire the third party to do it all. AND If any City employee takes part in this activity then they have to know the regulations and requirements (have hazwaste training). And lastly, we have the ability to load it, ship it and haul it off to a disposal location and we as a local government are exempt from the regs. With the stipulation that it is our staff, our vehicles, and our waste. Please provide something in writing that confirms or denies these assumptions. Christine Nuñez Environmental Manager City of Surprise, Water Services Department 12425 W. Bell Rd, Suite D-100 Surprise, Arizona 85374-9002 Mobile: (480) 220-3865 Phone: (623) 594-5830 Fax: (623) 583-2892 christine.nunez@surpriseaz.com 10/6/2006#