§286-223  Scope.  (a)  The federal rules
establish minimum standards and must be complied with when transporting a
hazardous material by motor carrier in commerce.



(b)  Transport shall be deemed to include any
operation incidental to the whole course of carriage by motor carrier from
shippers point of origin to final destination, including storage incidental to
transportation while under active shipping papers and prior to the hazardous
material reaching the ultimate consignee.



(c)  No person shall transport any hazardous
material outside the confines of the person's facility or other location of
storage or use, or offer or deliver any hazardous materials to a motor carrier
for transportation in commerce, nor shall any motor carrier accept any
hazardous materials for transport, without compliance with the applicable
requirements of the hazardous material rules adopted by the department,
including those relating to packaging of hazardous materials, marking and
labeling of packages, preparation and carriage of shipping papers or manifests,
handling, loading, and unloading packages, placarding of the transporting
vehicle, training of employees, inspection of motor carrier vehicles, and motor
carrier accident and hazardous materials incident reporting.



(d)  No person in the course of transportation
in commerce, shall spill, dump, deposit, or cause the release of a hazardous
material upon a public highway, street, or the surrounding or connecting
property, including but not limited to, storm drains, gutters, harbors,
waterways, canals, lakes, and ocean shorelines, without immediately taking
action to stop the spread of the material or remove the same or cause the same
to be removed.  If such person fails to comply with this subsection, the
governmental agency responsible for the maintenance of the highway, street, or
property on which the material was deposited may remove such materials and
collect, by civil action, if necessary, the actual cost of the removal
operation and repair of damage to the affected facility or property from the
person responsible as stated in this subsection. [L 1989, c 185, pt of §2; am L
1996, c 134, §4; am L 2000, c 86, §4]