PART XII. TRANSPORTATION OF HAZARDOUS MATERIALS,

HAZARDOUS WASTE, INFECTIOUS SUBSTANCES, AND MEDICAL WASTE

Part heading amended by L 1996, c 134, §1.

Environmental response law, see chapter 128D.

Hazardous waste management, see chapter 342J.

§286-221 Definitions. As used in this part, unless the context otherwise requires:

"Extremely hazardous substance" means for transportation purposes, chemicals transported in commerce that could cause serious health effects following short-term exposure from accidental releases and which are listed in Part 355 of Title 40 of the Code of Federal Regulations.

"Hazardous material" means a substance or material, including a hazardous substance, which has been determined by the United States Secretary of Transportation to be capable of posing an unreasonable risk to health, safety, and property when transported in commerce, and which has been so designated.

"Hazardous materials incident" means an occurrence or likely occurrence or potential of a spill, release, leakage, dumping, or loss of control of an extremely hazardous substance, hazardous substance, hazardous material, hazardous waste, infectious substance, or medical waste during the course of transportation in commerce including loading, unloading, or temporary storage.

"Hazardous substance" means for transportation purposes, shipments of particular quantities of hazardous substances that are significant enough to be a substantial threat to public health and the environment, and which are listed in Part 172 of Title 49 of the Code of Federal Regulations.

"Hazardous waste" means any material designated in Part 261 of Title 40 of the Code of Federal Regulations and which are subject to the hazardous waste manifest requirements of Part 262 of Title 40, Code of Federal Regulations.

"Infectious substance" means a viable microorganism, or its toxin, which causes or may cause disease in humans and animals.

"Medical waste" means for transportation purposes, shipments of medical waste material generated in the diagnosis, treatment, or immunization of human beings and animals, in research pertaining thereto, in the production or testing of biologicals, or which are further described as regulated medical waste in Part 173 of Title 49, Code of Federal Regulations.

"Transportation-related release" means a release of a hazardous material, hazardous substance, extremely hazardous substance, hazardous waste, infectious substance, or medical waste that occurs during the course of transportation in commerce including storage incidental to transportation while under active shipping papers or manifests and which has not reached the ultimate consignee. [L 1989, c 185, pt of §2; am L 1996, c 134, §2]