§ 13-1166. Reporting of Incidents Involving Hazardous Materials or Hazardous Wastes.

(a) Carriers directly subject to federal jurisdiction pursuant to 49 CFR Part 171 shall comply with the detailed written incident reporting requirements contained in 49 CFR 171.16.

(b) Carriers not directly subject to federal jurisdiction shall report incidents involving hazardous materials or hazardous wastes during transportation,loading or unloading, or temporary storage on carrier premises as follows:

(1) Reports Required. A written report is required of incidents that result in:

(A) Any spill or discharge of hazardous materials or hazardous wastes from any package container, or tanker

(B) Fatality, injury, or hospitalization of any person due to fire, explosion of, or exposure to any hazardous material or hazardous wastes.

(C) Continuing danger to life, health or natural resources at the scene of the incident.

(D) Estimated property damage exceeding $50,000.

(2) Report Content and Routing. The written report shall, within 30 days of the date of incident discovery, be submitted to the Department of the California Highway Patrol, Commercial Vehicle Section, Post Office Box 942898, Sacramento, CA 94298-0001. The report shall include time and date of occurrence, injuries, property damage, continuing danger to life at the scene of the incident, identification of the commodity and its classification, and other pertinent details. The report may be prepared utilizing DOT Form F5800.1 (Rev. 6/89), Hazardous Materials Incident Report.

(3) Report Retention. A copy of each hazardous materials or hazardous waste spill report shall be retained by the carrier for at least six months, and shall be subject to inspection by duly authorized employees of the department.

(4) Exceptions. The requirements of subsection (b) do not apply to incidents involving the spill or discharge of materials:

(A) Transported under the following proper shipping names:

(i) Consumer commodity

(ii) Battery, electric storage , wet, filled with acid or alkali

(iii) Paint and paint related material when shipped in packagings of five gallons or less.

(B) Prepared and transported as a limited quantity shipment in accordance with this article.

(5) The exceptions to incident reporting provided in paragraph (4) of this subsection do not apply to:

(A) Materials in Packing Group I other than consumer commodities.

(B) Incidents involving the transportation of hazardous waste, or:

(C) Incidents where any of the following occur as a direct result of hazardous materials release or threatened release:

(i) A person is killed; or

(ii) A person receives injuries requiring his or her hospitalization; or

(iii) Estimated carrier or other property damage exceeds $50,000; or

(iv) An evacuation of the general public occurs lasting one or more hours; or

(v) One or more major transportation arteries or facilities are closed or shut down for one hour or more.

(c) The DOT Hazardous Materials Incident Report form F5800.1 (Rev. 6/89), a guide for completing the report and text of the reporting requirements are available at the following internet sites respectively: http://hazmat.dot.gov/5800.pdf, http://hazmat.dot.gov/5800guid.pdf, and http://hazmat.dot.gov/spills.htm#171.16. Alternatively, the form F5800.1 and the guide document for assisting in the completion of DOT Form F5800.1 may be obtained from the Office of Hazardous Materials Transportation, DHM-51, U.S. Department of Transportation, Washington, DC 20590-0001.

HISTORY

1. Amendment filed 7-8-81; effective thirtieth day thereafter (Register 81, No. 28).

2. Change without regulatory effect of subsection (b) (Register 86, No. 48).

3. Amendment of subsections (b) and (d)(3) filed 11-30-88; operative 12-30-88 (Register 88, No. 51).

4. Amendment of subsection (b) filed 9-27-90; operative 10-27-90 (Register 90, No. 45).

5. Editorial correction restoring subsections (c) and (d) (Register 92, No. 12).

6. Amendment of subsections (b) and (d) filed 3-6-95; operative 4-5-95 (Register 95, No. 10).

7. New subsection (a) and subsection relettering, and amendment of newly designated subsections (b), (b)(1), (b)(2), (b)(4) and (b)(4)(B) filed 8-14-96; operative 9-13-96 (Register 96, No. 33).

8. Amendment of section and Note filed 10-5-99; operative 11-4-99 (Register 99, No. 41).

Note

Note: Authority cited: Section 34501, Vehicle Code. Reference: Section 34501, Vehicle Code.