Mr. Michael Coletta — Hazardous Materials Safety Interpretation

Page 1U.S. Department of Transportation 1200 New Jersey Ave, SE Washington, D.C. 20590 Pipeline and Hazardous Materials Safety Administration MAR 1 5 2010 Mr. Michael Coletta 444 Lakeview A venue Rockville Centre, NY 11570 Ref. No. 10-0011 Dear Mr. Coletta: This responds to your December 18, 2009 letter requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). Specifically, you ask if you may use a flexible intermediate bulk container (FIBC) to transport non-hazardous household municipal solid waste (MSW). The answer is yes. Non-hazardous MSW is not regulated as a hazardous material under the HMR; thus, the packaging requirements in the HMR do not apply to shipments of nonhazardous MSW. You may wish to check with your state or municipal authorities to ascertain if state or local requirements apply to such shipments. I hope this answers your inquiry. If you need additional assistance, please contact this Office on 202-366-8553.#

Page 2December 18, 2009 Michael Coletta 444 Lakeview Avenue Rockville Centre, New York 11570 Office ofHazardous Materials Standards -§{7J.' Pipeline and Hazardous Materials Safety Administration 2;;172.10 1 East Building, 1200 New Jersey Avenue, SE Attn: PHH-IO, U.S. Department ofTransportation -Aw1ico.b;','1 Washington, DC 200590-0001 ID- Doll RE: Transportation of Municipal Solid Waste (MSW) Non-Hazardous Household. Packaged in a Flexible Intermediate Bulk Container (FIBC) I recently had a telephone conversation with a gentleman at your office who responded to my inquiry I had made to the D.O.T. website. I explained to the gentleman that I wanted to propose and seek D.O.T. approval for the shipping by truck, rail and barge nonhazardous MSW in a FIBC. The FIBC was going to be designed to be leak proof, would contain odor and would be permanently sealed on 5 comers and the 6th side which is the top will be wire tied closed. The FIBC's would be newly manufactured for the proposed use and would not be reused and would be disposed with the waste at the final legal disposal site. The gentleman I spoke to explained that MSW was presently considered non-hazardous and was not regulated by D.O.T., as long as it was handled properly and did not cause and environmental or safety concerns. I was. directed to "interpretations" on the D.O.T. web site files which I could read and confirm, what was stated to me. The proposed use ofthe FIBC for containment ofMSW will provide an acceptable alternative way of shipping from what is presently being used. The FIBC will provide a container that will be leak proof, contain odor and prevent lose debris from causing a potential litter problem. The present method ofshipping MSW is by placing bales on a trailer and covering the bales with a thin mesh tarp, which does not prevent the escape of odor and leaking fluids. The other alternative is the transportation ofMSW in a lose form in a large steel container and is cost prohibitive. The FIBC would allow the safe and environmentally friendly transportation ofMSW in FIBC's by Truck, Rail and Barge. I would like to request a letter of authorization allowing the proposed as described. Your cooperation would be most appreciated. --:g~e... Michael Cole'M'<T----Day Time Telephone 1-516-779-4702#