The reason why the trucks are getting away with no Hazmat placards is because of a complicated loophole in the law. It's really complicated. DOT HAZMAT Law: 49 USC § 5103, leaves the definition open to the Sec. of Transportation:
"A hazardous material, as defined by the Secretary, is any particular quantity or form of a material that may pose an unreasonable risk to health and safety or property during transportation in commerce. This includes materials that are explosive, radioactive, infectious, flammable, toxic, oxidizing, or corrosive."
The Sec. publishes a table at 49 CFR § 172.101, but landfill leachate is not listed.
This is probably because the toxicity of chemicals are all based on studies like the LD50. But Landfill Leachate is not a single thing. It is a complex mixture of Acids/Bases, VOCs, industrial solvents, organo-chlorines, hydrocarbons, BTEX, pesticides, salts, radioactive materials, biological agents -- you name it! So the DOT cannot determine toxicity of something if the chemical composition changes all the time. It's whatever the landfill took in this week/month/year. Could be anything.
But trust me-- Reverse Osmosis Concentrate from Seneca Meadows IS POISON if you drank it, and an inhalation hazard.
And there are several other definitions to look at, defined by EPA not DOT:
Hazardous wastes and hazardous substances are designated by the U.S. Environmental Protection Agency (EPA). Hazardous wastes are designated under the EPA's Resource Conservation and Recovery Act, while hazardous substances are designated by the Clean Water Act (CWA) and the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). The Hazardous Materials Transportation Act (HMTA) regulates all essential modes of transportation due to the dangers hazardous materials can present during shipment by ground, air, sea, or any other mode of transportation, such as through a pipeline.
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"A hazardous material, as defined by the Secretary, is any particular quantity or form of a material that may pose an unreasonable risk to health and safety or property during transportation in commerce. This includes materials that are explosive, radioactive, infectious, flammable, toxic, oxidizing, or corrosive."
The Sec. publishes a table at 49 CFR § 172.101, but landfill leachate is not listed.
This is probably because the toxicity of chemicals are all based on studies like the LD50. But Landfill Leachate is not a single thing. It is a complex mixture of Acids/Bases, VOCs, industrial solvents, organo-chlorines, hydrocarbons, BTEX, pesticides, salts, radioactive materials, biological agents -- you name it! So the DOT cannot determine toxicity of something if the chemical composition changes all the time. It's whatever the landfill took in this week/month/year. Could be anything.
But trust me-- Reverse Osmosis Concentrate from Seneca Meadows IS POISON if you drank it, and an inhalation hazard.
And there are several other definitions to look at, defined by EPA not DOT:
Hazardous wastes and hazardous substances are designated by the U.S. Environmental Protection Agency (EPA). Hazardous wastes are designated under the EPA's Resource Conservation and Recovery Act, while hazardous substances are designated by the Clean Water Act (CWA) and the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). The Hazardous Materials Transportation Act (HMTA) regulates all essential modes of transportation due to the dangers hazardous materials can present during shipment by ground, air, sea, or any other mode of transportation, such as through a pipeline.
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May you, and all beings
be happy and free from suffering :)
-- ancient Buddhist Prayer (Metta)
May you, and all beings
be happy and free from suffering :)
-- ancient Buddhist Prayer (Metta)
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