Chapter 4901:2-6 Hazardous Materials Carriers Registration

4901:2-6-01 Definitions.

(A) "Applicant" means any carrier that submits to the commission the required application forms necessary to receive a uniform program registration and permit credential.

(B) "Base state" means the state selected by a carrier pursuant to the uniform application.

(C) "Carrier" means any person, engaged in the highway transportation of hazardous materials, in commerce, into, within, or through this state.

(D) "Commission" means the public utilities commission of Ohio.

(E) "Credential" means the document issued by the base state indicating that a carrier has successfully registered and received a permit allowing it to transport hazardous materials in the base state and in reciprocity states.

(F) "Hazardous material" means any of the following:

(1) Hazardous materials of a type or in a quantity that requires the transport vehicle to be placarded pursuant to 49 C.F.R. 172, as effective on the date referenced in paragraph (B) of rule 4901:2-6-02 of the Administrative Code; or

(2) Hazardous wastes.

(G) "Hazardous waste" means any material of a type or in a quantity that requires the shipment to be accompanied by a uniform hazardous waste manifest pursuant to 40 C.F.R. 262, as effective on the date referenced in paragraph (B) of rule 4901:2-6-02 of the Administrative Code.

(H) "Knowingly" means a person acts knowingly if either of the following applies:

(1) The person has actual knowledge of the facts giving rise to a violation.

(2) A reasonable person acting in the circumstances and exercising due care would have such knowledge.

(I) "Reciprocity state" means a jurisdiction with which the commission has entered a reciprocity agreement regarding the uniform registration and uniform permitting of carriers of hazardous materials.

(J) "Registration" means the process by which a motor carrier of hazardous materials is identified by the base state.

(K) "Respondent" means a carrier upon whom an order to show cause or a notice of deficiency has been served.

(L) "Staff" means employees of the transportation department of the commission.

(M) "Uniform application" means the uniform motor carrier registration and permit application form and accompanying documents established under the uniform program.

(N) "Uniform program" means the forms and procedures developed pursuant to "Hazardous Materials Transportation Uniform Safety Act of 1990", United States Code, Title 49, Section 5119, known as the "Alliance for Uniform Hazmat Transportation Procedures" in reports submitted to the U.S. department of transportation in 1993 and 1996, as modified and amended pursuant to 49 U.S.C. 5119(b) , and as effective on the date referenced in paragraph (B) of rule 4901:2-6-02 of the Administrative Code.

(O) "Uniform program permit" or "permit" means the authority granted to qualified carriers to transport hazardous materials, in commerce, into, within, or through this state.

Replaces: 4901:2-6-01

Effective: 07/18/2013
R.C. 119.032 review dates: 07/18/2018
Promulgated Under: 111.15
Statutory Authority: 4905.81 , 4921.15
Rule Amplifies: 4921.15
Prior Effective Dates: 7/10/89, 11/29/90, 7/22/94, 10/13/94, 3/1/03, 9/27/10

4901:2-6-02 Purpose and scope.

This chapter governs procedures for the uniform registration and uniform permitting of carriers of hazardous materials.

(A) The commission may, upon an application or a motion filed by a party, waive any requirement of this chapter, other than a requirement mandated by statue, for good cause shown.

(B) Each citation contained within this chapter that is made to a section of the United States code or to a regulation in the code of federal regulations is intended, and shall serve, to incorporate by reference the particular version of the cited matter that was effective on March 13, 2013.

Effective: 07/18/2013
R.C. 119.032 review dates: 04/18/2013 and 07/18/2018
Promulgated Under: 111.15
Statutory Authority: 4905.81 , 4921.15
Rule Amplifies: 4921.15
Prior Effective Dates: 10/13/94, 9/27/10

4901:2-6-03 Determination of base state.

(A) No carrier may transport hazardous materials, in commerce, into, within, or through this state unless such carrier has registered with, and has received a uniform program permit from, the commission or a reciprocity state.

(B) Each carrier shall register with and apply for a uniform program permit from its base state as determined in accordance with the terms of the uniform application.

(C) A carrier that designates Ohio as its base state pursuant to paragraph (B) of this rule shall register with and obtain a permit from the commission prior to transporting hazardous materials into, within, or through this state.

(D) A carrier, other than a carrier of hazardous wastes, that designates Ohio as its base state pursuant to paragraph (B) of this rule shall file parts I, II and IV of the uniform application with the commission and pay the applicable fees pursuant to rule 4901:2-6-05 of the Administrative Code. Upon an applicant's compliance with this paragraph, the staff shall issue a registration credential and permit to the applicant. If the staff denies issuance of registration credential and permit for failure of the applicant to meet the requirements of this paragraph, the applicant may file a petition and request for hearing with the commission for the issuance of the registration credential and permit.

(E) A carrier of hazardous wastes that designates Ohio as its base state pursuant to paragraph (B) of this rule shall file parts I, II, III, and IV of the uniform application with the commission and pay the applicable fees pursuant to rule 4901:2-6-05 of the Administrative Code. Upon an applicant's compliance with this paragraph, the staff shall issue a registration credential and permit to the applicant. If the staff denies issuance of registration credential and permit for failure of the applicant to meet the requirements of this rule, the applicant may file a petition and request for hearing with the commission for the issuance of the registration credential and permit.

(F) A carrier that designates a reciprocity state as its base state pursuant to paragraph (B) of this rule shall register with and obtain a permit from that state, with the appropriate apportioned per-motor vehicle registration fees paid for this state pursuant to paragraph (B) of rule 4901:2-6-05 of the Administrative Code, prior to transporting hazardous materials into, within, or through this state. If such carrier transports hazardous wastes it shall file part III of the uniform application with and obtain a permit from that state that specifically authorizes the transportation of hazardous wastes before transporting hazardous wastes into, within, or through this state.

(G) A carrier shall maintain a copy of the registration credential in each motor vehicle used to transport hazardous materials. The registration credential and permit are not transferable between carriers. The original registration credential shall be maintained at the carrier's principal place of business, and shall be available for inspection during normal business hours.

Replaces: 4901:2-6-03

Effective: 07/18/2013
R.C. 119.032 review dates: 07/18/2018
Promulgated Under: 111.15
Statutory Authority: 4905.81 , 4921.15
Rule Amplifies: 4921.15
Prior Effective Dates: 10/13/94, 9/27/10

4901:2-6-04 Supplementation of information.

(A) Upon a written request from the staff, an applicant shall provide any additional information necessary for the processing of a uniform application within fifteen days, unless otherwise agreed to by the applicant and the staff.

(B) A carrier that has filed part III of the uniform application shall report to the commission, in writing, any changes to the information provided in the filing within ninety days after the date of such change.

Replaces: 4901:2-6-08

Effective: 07/18/2013
R.C. 119.032 review dates: 07/18/2018
Promulgated Under: 111.15
Statutory Authority: 4905.80
Rule Amplifies: 4905.80
Prior Effective Dates: 7/10/89, 12/15/90, 7/22/94, 10/13/94, 9/21/95, 3/1/03, 9/27/10

4901:2-6-05 Fees.

(A) The processing fee for a uniform application submitted to the commission shall be in the amount provided for in section 4921.19 of the Revised Code.

(B) The apportioned per vehicle registration fee required by the uniform application shall be determined by multiplying the following and then rounding up to the nearest whole number:

(1) The percentage of an applicant's activity in this state, as calculated in accordance with section 4921.19 of the Revised Code; times

(2) The percentage of the applicant's business that is hazardous-materials-related, as calculated in accordance with section 4921.19 of the Revised Code; times

(3) The number of motor vehicles owned or operated by the applicant; times

(4) A per-motor vehicle fee of twenty dollars.

(C) The processing fee for part III of the uniform application shall be in the amount provided for in section 4921.19 of the Revised Code. Should additional investigation by the staff be required to obtain any necessary information not included in part III of the uniform application, the commission may, after notice and an opportunity for a hearing pursuant to Chapter 4901-1 of the Administrative Code, order such applicant to pay an additional fee in the amount provided for in section 4921.19 of the Revised Code.

(D) Each applicant shall submit the applicable fees for each reciprocity state in which the applicant operated in the previous calendar year, in accordance with the terms of the uniform application. The commission shall distribute fees collected on behalf of reciprocity states to the appropriate reciprocity state and pay any fees required by the alliance for uniform hazmat transportation procedures.

Replaces: 4901:2-6-09

Effective: 07/18/2013
R.C. 119.032 review dates: 07/18/2018
Promulgated Under: 111.15
Statutory Authority: 4905.81 , 4921.15
Rule Amplifies: 4921.15 , 4921.19
Prior Effective Dates: 12/15/90, 7/22/94, 9/21/95, 3/1/03, 9/27/10

4901:2-6-06 Term of uniform program registration and uniform program permit.

(A) The term of the uniform program permit issued to a carrier pursuant to Rule 4901:2-6-03 of the Administrative Code shall be for three years from the date issued unless the carrier fails to renew its annual registration pursuant to paragraph (B) of this rule.

(B) Each carrier that has designated Ohio as its base state pursuant to rule 4901:2-6-03 of the Administrative Code shall renew its registration on an annual basis by filing with the commission parts I and IV of the uniform application (short form), and paying the fees described in paragraphs (A) and (B) of rule 4901:2-6-05 of the Administrative Code. Upon a carrier's compliance with this paragraph, the commission shall issue a registration credential to the carrier. A registration credential is valid for one year from the date issued.

(C) A carrier that has designated a reciprocity state as its base state shall renew its registration with that state on an annual basis, with the appropriate apportioned per-motor vehicle registration fees paid for this state pursuant to paragraph (B) of rule 4901:2-6-05 of the Administrative Code.

Replaces: 4901:2-6-10

Effective: 07/18/2013
R.C. 119.032 review dates: 07/18/2018
Promulgated Under: 111.15
Statutory Authority: 4905.81 , 4921.15
Rule Amplifies: 4921.15
Prior Effective Dates: 11/29/90, 7/22/94, 10/13/94, 3/1/03, 9/27/10

4901:2-6-07 Standards for the suspension or revocation of a uniform program permit.

(A) No carrier may transport hazardous materials, in commerce, into, within, or through this state if the commission, or a reciprocity state, has suspended or revoked the uniform program permit of such carrier. No carrier which has been issued a uniform program permit by a reciprocity state may transport hazardous materials, in commerce, into, within, or through this state if the commission has ordered the suspension of the transportation of hazardous materials into, within, or through this state by such carrier.

(B) The commission may, after notice and an opportunity for hearing pursuant to rule 4901:2-6-08 of the Administrative Code, suspend or revoke the uniform program permit of a carrier, or order the suspension of the transportation of hazardous materials into, within, or through this state by a carrier issued a uniform program permit by a reciprocity state, if the commission determines that:

(1) Such carrier has been issued an "unsatisfactory" safety rating by the United States department of transportation.

(2) Such carrier is under a current out of service order issued by United States department of transportation.

(3) Such carrier has knowingly made a materially false or misleading statement on a uniform application.

(4) Such carrier has engaged in a pattern of violations of the commission's rules or has failed to comply with any order of the commission issued to secure compliance with the commission's rules.

(5) Conditions are present that would render such carrier unable to maintain any certifications required by the uniform application.

Replaces: 4901:2-6-11

Effective: 07/18/2013
R.C. 119.032 review dates: 07/18/2018
Promulgated Under: 111.15
Statutory Authority: 4905.81 , 4921.15
Rule Amplifies: 4921.15
Prior Effective Dates: 11/29/90, 7/22/94, 10/13/94, 3/1/03, 9/27/10

4901:2-6-08 Proceedings related to the suspension or revocation of a uniform program permit.

(A) A proceeding to suspend or revoke the uniform program permit of a carrier, or order the suspension of the transportation of hazardous materials into, within, or through this state by a carrier issued a uniform program permit by a reciprocity state, shall be initiated by the filing of a staff report recommending the actions to be taken by the commission. The staff report shall be served upon the carrier by ordinary or certified United States mail.

(B) Upon the filing of a staff report, the commission shall order the respondent to show cause why the commission should not adopt the staff's recommendations as its order. The order shall require the respondent to file a written answer within fifteen days of the effective date of the order. The order shall be served upon the respondent by ordinary or certified United States mail.

(C) A respondent upon whom an order described in paragraph (B) of this rule has been served must answer the order to show cause within fifteen days of its effective date. This response shall be in writing and shall contain a detailed statement indicating why the actions recommended by staff may be unjustified, mitigating circumstances or subsequent remedial measures undertaken in regards to the issues raised in the staff report, and any other information relevant to the proposed actions.

(D) If a respondent fails to answer the order to show cause, the commission may issue an order adopting the staff's recommendations and/or issue any other orders the commission deems necessary. If an answer is filed by the respondent, the matter shall be assigned for hearing unless the answer of the respondent is deemed to be satisfactory, in which event the order to show cause may be dismissed. Such hearing shall be conducted in accordance with Chapter 4901-1 of the Administrative Code.

Replaces: 4901:2-6-12

Effective: 07/18/2013
R.C. 119.032 review dates: 07/18/2018
Promulgated Under: 111.15
Statutory Authority: 4905.81 , 4921.15
Rule Amplifies: 4921.15
Prior Effective Dates: 10/13/94, 9/27/10

4901:2-6-09 Notices of deficiency and alternative dispute resolution.

(A) The staff may issue a "notice of deficiency" to a respondent before it files a staff report pursuant to rule 4901:2-6-08 of the Administrative Code. The notice shall indicate the nature of the deficiencies prompting the notice, instructions regarding the manner in which the respondent may serve a response upon the staff, and a statement of the actions that the commission may take if the respondent fails to remedy the deficiencies raised in the notice. The notice shall be served upon the respondent by ordinary United States mail, facsimile transmission, or electronic mail if the respondent to be served has consented to receive service by electronic mail.

(B) A respondent upon whom a "notice of deficiency" has been served may serve a response upon the staff within thirty days of service of the notice. The response shall be in writing and shall contain a detailed statement indicating why the issuance of the notice may be unjustified, mitigating circumstances or subsequent remedial measures undertaken in regards to the issues raised in the notice, and any other information relevant to the issues raised in the notice. The response shall be served upon the staff by ordinary United States mail, facsimile transmission, or electronic mail.

(C) If the response filed under paragraph (B) of this rule demonstrates to the satisfaction of the staff that the causes for the issuance of the "notice of deficiency" have been remedied, the staff shall rescind the notice and notify the respondent in writing.

(D) No offers of settlement or statements made during discussions of settlement in regards to a "notice of deficiency," or a response to any such notice served upon the staff, shall be admissible in any subsequent evidentiary hearing regarding the subject matter of such a notice or response.

(E) The purpose of this rule is to provide an alternative dispute resolution process. A determination by the staff to issue or not to issue a "notice of deficiency" shall not in any way prejudice the right of the commission to suspend or revoke the uniform program permit of a carrier, or order the suspension of the transportation of hazardous materials into, within, or through this state by a carrier issued a uniform program permit by a reciprocity state.

Replaces: 4901:2-6-13

Effective: 07/18/2013
R.C. 119.032 review dates: 07/18/2018
Promulgated Under: 111.15
Statutory Authority: 4905.81 , 4921.15
Rule Amplifies: 4921.15
Prior Effective Dates: 10/13/94, 9/27/10

4901:2-6-10 [Rescinded]Term of uniform program registration and uniform program permit.

Effective: 07/18/2013
R.C. 119.032 review dates: 04/18/2013
Promulgated Under: 111.15
Statutory Authority: 4905.80
Rule Amplifies: 4905.80
Prior Effective Dates: 11/29/90, 7/22/94, 10/13/94, 3/1/03, 9/27/10

4901:2-6-11 [Rescinded]Standards for the suspension, revocation or denial of a uniform program permit.

Effective: 07/18/2013
R.C. 119.032 review dates: 04/18/2013
Promulgated Under: 111.15
Statutory Authority: 4905.80
Rule Amplifies: 4905.80
Prior Effective Dates: 11/29/90, 7/22/94, 10/13/94, 3/1/03, 9/27/10

4901:2-6-12 [Rescinded]Proceedings related to the suspension, revocation or denial of a uniform program permit.

Effective: 07/18/2013
R.C. 119.032 review dates: 04/18/2013
Promulgated Under: 111.15
Statutory Authority: 4905.80
Rule Amplifies: 4905.80
Prior Effective Dates: 10/13/94, 9/27/10

4901:2-6-13 [Rescinded]Notices of intent to suspend, revoke or deny.

Effective: 07/18/2013
R.C. 119.032 review dates: 04/18/2013
Promulgated Under: 111.15
Statutory Authority: 4905.80
Rule Amplifies: 4905.80
Prior Effective Dates: 10/13/94, 9/27/10

4901:2-6-14 [Rescinded]Prohibitions.

Effective: 07/18/2013
R.C. 119.032 review dates: 04/18/2013
Promulgated Under: 111.15
Statutory Authority: 4905.80
Rule Amplifies: 4905.80
Prior Effective Dates: 10/13/94, 9/27/10