North Carolina Administrative Code › Title 01 - ADMINISTRATION › Chapter 43 - SURPLUS PROPERTY › Subchapter A - STATE SURPLUS PROPERTY AGENCY › Section .0200 - STATE SURPLUS PROPERTY › Section 43A .0202 - COMPRESSED GASES, FLAMMABLE, NUCLEAR, CHEMICAL, BIOLOGICAL, RADIOACTIVE, AND OTHER HAZARDOUS MATERIALS

Current through Register Vol. 39, No. 2, July 15, 2024
(a)
				  The State Surplus Property Agency does not accept equipment or containers that
				  contain compressed gases, or flammable, nuclear, chemical, biological,
				  radioactive or other hazardous materials. Any container or equipment that has
				  contained any of these materials must be rendered and declared safe by the
				  owning agency, and a statement to this effect included in the item description
				  when a disposal or sale of the item is requested. Any container or equipment
				  that has been rendered and certified safe shall have labeling removed that
				  would indicate that the container or equipment is contaminated or contains any
				  of these items.
(b) All laws and
				  regulations must be followed and proper disposal documentation recorded with
				  various regulatory federal, state and local agencies for the transport, sale or
				  disposal of items described in Paragraph (a) of this Rule.
(c) Laboratory equipment may be sold with
				  regulated or non-regulated amounts of materials described in Paragraph (a) of
				  this Rule. When hazardous materials are contained in a piece of equipment, all
				  pertinent information related to types, amounts and any regulatory requirements
				  shall be included in the item description when entered into the SSP System. If
				  the equipment contains amounts that are not regulated by any federal, state, or
				  local agency, the description of the equipment shall include the statement
				  "Non-Regulated." These items shall be sold at the agencies location and not
				  transported to the State Surplus Property Agency. The owning agency shall
				  ensure all applicable laws and regulations are followed in the transport, sale
				  or disposal of such items. If a potential buyer is required to be registered
				  with any regulatory agency prior to taking possession of the equipment, the
				  selling agency shall include all requirements in the description of the item
				  and review and approve any required documentation presented by the successful
				  bidder within 48 hours of the opening of the bids.
(d) Each agency shall contact its safety
				  office and ensure that all federal, state and local regulations have been
				  followed prior to the transport or disposal of items described in Paragraph (a)
				  of this Rule.
(e) This Rule does
				  not apply to equipment, watercraft, aircraft or vehicles that may contain
				  gasoline, diesel fuel, liquefied propane, liquefied natural gas or other fuels
				  when it is contained within a fuel tank or fuel cell approved by the
				  manufacturer of the equipment, watercraft, aircraft or vehicle.
Authority
					 G.S.
					 143-64.01;
					 143-64.04;
Eff. April
					 1, 2009;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. March 6,
					 2018.