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