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

(b)  Transport shall be deemed to include anyoperation incidental to the whole course of carriage by motor carrier fromshippers point of origin to final destination, including storage incidental totransportation while under active shipping papers and prior to the hazardousmaterial reaching the ultimate consignee.

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

(d)  No person in the course of transportationin commerce, shall spill, dump, deposit, or cause the release of a hazardousmaterial upon a public highway, street, or the surrounding or connectingproperty, including but not limited to, storm drains, gutters, harbors,waterways, canals, lakes, and ocean shorelines, without immediately takingaction to stop the spread of the material or remove the same or cause the sameto be removed.  If such person fails to comply with this subsection, thegovernmental agency responsible for the maintenance of the highway, street, orproperty on which the material was deposited may remove such materials andcollect, by civil action, if necessary, the actual cost of the removaloperation and repair of damage to the affected facility or property from theperson responsible as stated in this subsection. [L 1989, c 185, pt of §2; am L1996, c 134, §4; am L 2000, c 86, §4]