Per Federal regulations, 40 CFR 263.12, a transfer facility is an area used to temporarily store containerized hazardous wastes in route to a treatment, storage or disposal facility such as loading docks, parking areas, storage areas, and other similar areas. A transporter may hold waste at a transfer facility without a storage permit as long as the hazardous waste shipment is:
- Being held during the normal course of transportation,
- Being kept in DOT specification containers and,
- Being held for 10 days or less.
However, the 1987 Montana legislature passed legislative amendments specifying additional requirements for transfer facilities operated by hazardous waste transporters. They are:
Transfer facilities meeting the State definition of a Commercial Transfer Facility, as defined by ARM 17.53.301 (2) (d), which states “a transfer facility owned or operated by a commercial for-hire transporter and in which the major purpose of the commercial transfer facility is the collection, storage, and transfer of hazardous waste; that is, over 50% of the materials moved through the commercial transfer facility are hazardous waste, or greater than 100 tons of materials moved through the commercial transfer facility per year are hazardous waste. The term ‘commercial for-hire transporter’ refers to a transporter who conducts transportation activity on a commercial basis, as opposed to a transporter that is the same business entity as the generator.” are subject to public hearing requirements of 75-10-441, MCA at the site proposal stage and annual reporting requirements ARM 17.53.708. Annual reports are due by March 1 of each year and will be submitted on a form obtained from the Montana, Department of Environmental Quality (MDEQ) or from the MDEQ, Hazardous Waste Section, Forms, Reporting website.