nm3clol-public/Gentry_Locke/2024-06-14-Gentry_Locke_FOIA/NS6306-A/README.md

---
type: document
title: NS6306-A
file: ../NS6306-A.pdf
tags:
  - Gentry_Locke
  - 2024-06-14-Gentry_Locke_FOIA
docDate: null
contentType: application/pdf
contentLength: 242789
sha256sum: 8d2531107c593897d2fecf03312015b655c1cf1fd9128a41dbda1f6c999b1756
sha1sum: 2086bd32bf99ab913c116a34ef61f588d152af59
---

NS 6306-A 
CANCELS 

NS 6306 
 

ISSUED BY 
Pricing Services 

NORFOLK SOUTHERN RAILWAY COMPANY 
110 Franklin Road, S.E. 

Roanoke, VA  24042-0047 

 

 

NORFOLK SOUTHERN RAILWAY COMPANY 
VISION: BE THE SAFEST, MOST CUSTOMER-FOCUSED AND SUCCESSFUL  

TRANSPORTATION COMPANY IN THE WORLD 
 

 

 

   

 

TARIFF NS 6306-A 

CANCELS 

TARIFF NS 6306 
 

 

   

 

 

 

 

RULES AND REGULATIONS 

FOR HANDLING 

“MUNICIPAL SOLID WASTE, CONTAMINATED SOIL, HAZARDOUS 
MATERIALS, AND RELATED ARTICLES”   

(See Rule 50) 

 

 

ISSUED  April 15, 2013 EFFECTIVE   April 15, 2013 

 

NS 6306-A
CANCELS
NS 6306

NORFOLK SOUTHERN RAILWAY COMPANY

VISION: BE THE SAFEST, MOST CUSTOMER-FOCUSED AND SUCCESSFUL
TRANSPORTATION COMPANY IN THE WORLD

TARIFF NS 6306-A
CANCELS
TARIFF NS 6306

RULES AND REGULATIONS
FOR HANDLING

“MUNICIPAL SOLID WASTE, CONTAMINATED SOIL, HAZARDOUS
MATERIALS, AND RELATED ARTICLES”

(See Rule 50)

ISSUED April 15, 2013 EFFECTIVE April 15, 2013

ISSUED BY
Pricing Services
NORFOLK SOUTHERN RAILWAY COMPANY
110 Franklin Road, S.E.
Roanoke, VA 24042-0047




TARIFF NS 6306-A 

RULES AND REGULATIONS FOR HAZARDOUS MATERIALS AND RELATED ARTICLES 

 

 

2 

TABLE OF CONTENTS 
 

  SUBJECT        RULE  PAGE      
  
Contaminated Soil or Debris       140   15 
(2819711, 2899991, 4029101, 4029105, 4029106, 4929127, 4929133, 4960197) 
Hazardous Waste        160   19 
    ( 48xxxxx) 
Liability and Indemnity        180   21 
Municipal Solid Waste        100                 2 
    (2819214, 2819273) 
Transportation of Wrapped Bales of Municipal Solid Waste   100     6 
    (4021973) 
No Special Handling        200   22 
Transportation of PCB’s        120   12 
    ( 4845196 ) 
Waste Description         50                 2 
 
 
 
RULE 50  -- WASTE DESCRIPTION 
 

STCC 28-197-xx – RADIOACTIVE MTL, ARTICLES OR ISOTOPES, NEC 
STCC 40-291-01 – SOIL, CHEMICAL WASTE CONTAMINATED, DRY 
STCC 40-291-05 – SOLIDS OR DEBRIS, OT SOIL LOW LEVEL RADIOACTIVE CONTAMINATED, DRY          
STTC 40-291-06 – SOIL, LOW-LEVEL RADIOACTIVE CONTAMINATED, DRY 
STCC 40-291-14 – MUNICIPAL GARBAGE WASTE, SOLID, GROUND 
STCC 40-291-73 – MUNICIPAL OR COMMERCIAL NON-HAZ SOLID WASTE 
STCC 48-xxx-xx  – WASTE HAZARDOUS MATERIAL OR WASTE SUBSTANCES 
STCC 48-451-96 – POLYCHLORINATED BIPHENYLS OR PCB CLASS 9 UN2315 PG II OR III  
STCC 49-291-27 – RADIOACTIVE MATERIAL LIMITED QUANTITY CLASS 7 UN 2910; UN 2912 
STCC 49-291-33 – RADIOACTIVE MATERIAL 
STCC 49-601-97 – ENVIRONMENTALLY HAZARDOUS SUBSTANCE, SOLID, N O S 
 
RULE 100  -- MUNICIPAL SOLID WASTE  (See Rule 50) 
 
 When a Shipper tenders NS a shipment of Municipal Solid Waste the following will apply: 
 
 1. DESCRIPTION OF EXCLUDED HAZARDOUS MATERIALS.  For purposes of this Offering, 
"Municipal Solid Waste" shall exclude all DOT regulated hazardous materials as follows:  
 
       (a) all waste defined or characterized as hazardous waste under the Resource Conservation 
and Recovery Act (RCRA) (42 U.S.C. 6901 et seq.) or the Comprehensive Environmental Response 
Compensation and Liability Act (CERCLA) (42 U.S.C. 9601 et seq.) as each may be amended from time to time, 
all regulations promulgated thereunder; 
 
  (b) all polychlorinated biphenyl (PCB) or PCB contaminated waste; and 
 
  (c) all waste defined or characterized as hazardous, chemical, industrial or special waste by 
either the principal agency of any state of the United States having jurisdiction over hazardous waste transported 
under this Offering or the principal agency or any foreign jurisdiction with respect to hazardous waste generated  

TARIFF NS 6306-A

RULES AND REGULATIONS FOR HAZARDOUS MATERIALS AND RELATED ARTICLES

TABLE OF CONTENTS
SUBJECT RULE PAGE
Contaminated Soil or Debris 140 15
(2819711, 2899991, 4029101, 4029105, 4029106, 4929127, 4929133, 4960197)
Hazardous Waste 160 19
(ABx00«xx)
Liability and Indemnity 180 24
Municipal Solid Waste 100 2
(2819214, 2819273)
Transportation of Wrapped Bales of Municipal Solid Waste 100 6
(4021973)
No Special Handling 200 22
Transportation of PCB's 120 12
(4845196 )
Waste Description 50 2
RULE 50 -- WASTE DESCRIPTION

STCC 28-197-xx — RADIOACTIVE MTL, ARTICLES OR ISOTOPES, NEC
STCC 40-291-01 - SOIL, CHEMICAL WASTE CONTAMINATED, DRY

STCC 40-291-05 - SOLIDS OR DEBRIS, OT SOIL LOW LEVEL RADIOACTIVE CONTAMINATED, DRY
STTC 40-291-06 — SOIL, LOW-LEVEL RADIOACTIVE CONTAMINATED, DRY

STCC 40-291-14 — MUNICIPAL GARBAGE WASTE, SOLID, GROUND

STCC 40-291-73 - MUNICIPAL OR COMMERCIAL NON-HAZ SOLID WASTE

STCC 48-xxx-xx — WASTE HAZARDOUS MATERIAL OR WASTE SUBSTANCES

STCC 48-451-96 ~ POLYCHLORINATED BIPHENYLS OR PCB CLASS 9 UN2315 PG II OR III

STCC 49-291-27 - RADIOACTIVE MATERIAL LIMITED QUANTITY CLASS 7 UN 2910; UN 2912

STCC 49-291-33 - RADIOACTIVE MATERIAL

STCC 49-601-97 ~ ENVIRONMENTALLY HAZARDOUS SUBSTANCE, SOLID, NO S

RULE 100 ~ MUNICIPAL SOLID WASTE (See Rule 50)

When a Shipper tenders NS a shipment of Municipal Solid Waste the following will apply:

1 DESCRIPTION OF EXCLUDED HAZARDOUS MATERIALS. For purposes of this Offering,
"Municipal Solid Waste” shall exclude all DOT regulated hazardous materials as follows:

(a)___all waste defined or characterized as hazardous waste under the Resource Conservation
and Recovery Act (RCRA) (42 U.S.C. 6901 et seq.) or the Comprehensive Environmental Response
Compensation and Liability Act (CERCLA) (42 U.S.C. 9601 et seq.) as each may be amended from time to time,
all regulations promulgated thereunder;

(b) all polychlorinated biphenyl (PCB) or PCB contaminated waste; and
(c) _allwaste defined or characterized as hazardous, chemical, industrial or special waste by

either the principal agency of any state of the United States having jurisdiction over hazardous waste transported
under this Offering or the principal agency or any foreign jurisdiction with respect to hazardous waste generated





TARIFF NS 6306-A 

RULES AND REGULATIONS FOR HAZARDOUS MATERIALS AND RELATED ARTICLES 

 

 

3 

from outside the United States and transported under this Offering; provided, however, that the term "Municipal 
Solid Waste": 
 
   
 
   (i) Shall exclude radioactive wastes; and 
 
   (ii) Shall be construed to have the broader, more encompassing definition where 
there exists a conflict in the definition employed by two or more governmental agencies having concurrent or 
overlapping jurisdiction over Municipal Solid Waste transported under this Offering. 
 
 2. EQUIPMENT SUPPLY AND STANDARDS.  If equipment used for transportation of the 
Commodity is provided by Shipper it shall not display any railroad marks or logos.  Such equipment is subject to 
the prior approval of the NS' Mechanical Department(s).  No mileage or car hire charges will be paid by NS for the 
use of Shipper's equipment.  No loaded or empty car will be accepted by the NS unless the container doors are 
properly closed and secured and container coverings are properly in position and secured, to the satisfaction of 
Norfolk Southern. 
 
 Cars and containers used in this service must be kept clean and steps must be taken by Shipper to insure 
that no odor is given off, and containers do not leak.  Failure to comply will result in NS’ refusal to move the car.  
Shipper recognizes that in order for the shipment of the Commodity to be successful, all necessary steps must be 
taken by Shipper to keep the equipment clean and eliminate as far as possible, any other objectionable aspects of 
the movement of the Commodity. 
 
 Shipper shall be responsible for cleaning the Equipment before its return to NS, as well as any adjacent or 
vicinity property at the origin loading location, destination unloading location, and/or any location en route where 
such Municipal Solid Waste has been loaded and/or unloaded in accordance with applicable federal, state and 
local laws, regulations, and Shipper will provide the NS with written certification if requested. 
 
 Equipment shall comply with all applicable Federal, state and local laws, rules regulations, permits and 
licenses, provided that compliance there with shall in no way relieve any Party from any liabilities otherwise 
assumed.  The laws, rules and regulations referred to above, include Association of American Railroads (AAR) 
Interchange Rules and rules and regulations of the Federal Railroad Administration (FRA).  Gross weight on rail of 
loaded car and container shall not exceed the individual car's stenciled load limit or load limit shown in Universal 
Machine Language Equipment Register (UMLER) which will govern if there is a difference in stenciled value.   As 
well as weight limit on tracks. 
 
  (a) Flatcars:  Must be made available for inspection and acceptance by NS' Mechanical 
Department(s), prior to being placed in service.  When containers used in service under this Offering are equipped 
with end doors, flatcars which are not equipped with end-of-car cushioning, will not be accepted.  Any private rail 
flatcar proposed for use in service in handling this Commodity may, at the sole discretion of NS, require the 
successful completion of additional testing prior to receiving final approval. 
 
  If the car meets all applicable regulations and the provisions of this Rule, approval of the flatcar 
shall not be deemed as a representation by NS that the flat car is suitable for the proposed service or that it can 
be operated safely or without restriction in the proposed service.  Flatcars for container service must be equipped 
with positive locking devices or curb restraints that meet AAR standards. 
 

(b) Containers:  Containers must meet all design and construction criteria outlined in this 
Rule.  Containers supplied by Shipper must be made available for inspection and 
acceptance by NS' Mechanical Department(s), prior to being placed in service. 
 

TARIFF NS 6306-A

RULES AND REGULATIONS FOR HAZARDOUS MATERIALS AND RELATED ARTICLES

from outside the United States and transported under this Offering; provided, however, that the term "Municipal
Solid Waste”:

() Shall exclude radioactive wastes; and

(ii) Shall be construed to have the broader, more encompassing definition where
there exists a conflict in the definition employed by two or more governmental agencies having concurrent or
‘overlapping jurisdiction over Municipal Solid Waste transported under this Offering,

2. EQUIPMENT SUPPLY AND STANDARDS. If equipment used for transportation of the
Commodity is provided by Shipper it shall not display any railroad marks or logos. Such equipment is subject to
the prior approval of the NS' Mechanical Department(s). No mileage or car hire charges will be paid by NS for the
use of Shipper's equipment. No loaded or empty car will be accepted by the NS unless the container doors are
properly closed and secured and container coverings are properly in position and secured, to the satisfaction of
Norfolk Southem

Cars and containers used in this service must be kept clean and steps must be taken by Shipper to insure
that no odor is given off, and containers do not leak. Failure to comply will result in NS" refusal to move the car.
Shipper recognizes that in order for the shipment of the Commodity to be successful, all necessary steps must be
taken by Shipper to keep the equipment clean and eliminate as far as possible, any other objectionable aspects of
the movement of the Commodity.

Shipper shall be responsible for cleaning the Equipment before its retum to NS, as well as any adjacent or
vicinity property at the origin loading location, destination unloading location, and/or any location en route where
such Municipal Solid Waste has been loaded and/or unloaded in accordance with applicable federal, state and
local laws, regulations, and Shipper will provide the NS with written certification if requested.

Equipment shall comply with all applicable Federal, state and local laws, rules regulations, permits and
licenses, provided that compliance there with shall in no way relieve any Party from any liabilities otherwise
assumed. The laws, rules and regulations referred to above, include Association of American Railroads (AAR)
Interchange Rules and rules and regulations of the Federal Railroad Administration (FRA). Gross weight on rail of
loaded car and container shall not exceed the individual car's stenciled load limit or load limit shown in Universal
Machine Language Equipment Register (UMLER) which will govern if there is a difference in stenciled value. As
well as weight limit on tracks.

(a) _Flatcars: Must be made available for inspection and acceptance by NS' Mechanical
Department(s), prior to being placed in service. When containers used in service under this Offering are equipped
with end doors, flatcars which are not equipped with end-of-car cushioning, will not be accepted. Any private rail
flatcar proposed for use in service in handling this Commodity may, at the sole discretion of NS, require the
successful completion of additional testing prior to receiving final approval.

If the car meets all applicable regulations and the provisions of this Rule, approval of the flatcar
shall not be deemed as a representation by NS that the flat car is suitable for the proposed service or that it can
be operated safely or without restriction in the proposed service. Flatcars for container service must be equipped
with positive locking devices or curb restraints that meet AAR standards.

(6) Containers: Containers must meet all design and construction criteria outlined in this
Rule. Containers supplied by Shipper must be made available for inspection and
acceptance by NS' Mechanical Department(s), prior to being placed in service.





TARIFF NS 6306-A 

RULES AND REGULATIONS FOR HAZARDOUS MATERIALS AND RELATED ARTICLES 

 

 

4 

Customer agrees that in order to ensure that containers withstand normal railroad 
operations, NS’s Mechanical Department recommends containers placed in service 
under this rule be equipped with end-of-car cushioning.  If Shipper chooses not to so 
equip containers, then Shipper, notwithstanding any other provision of this rule, shall 
release NS from, and indemnify NS for, any damage to containers or flatcars incurred in 
normal railroad operations.  Shipper also agrees to indemnify and hold harmless NS for 
any and all loss, liability claims, fees or costs arising from, related to, or associated with 
such container’s failure and subsequent cleanup.   

 
 3. DAMAGE TO SHIPPER CARS & CONTAINERS.  In the event of damage to Shipper cars and/or 
containers caused by NS, NS will, in a timely manner and at its sole expense, arrange for movement of the cars 
and/or containers to the Shipper terminal designated by Shipper and reimbursement for reasonable repair cost.  
In the event that Shipper's cars and/or containers are damaged beyond repair by NS, NS shall pay to Shipper the 
book value, or the depreciated value as determined by Rule 107 of the AAR Field Manual, which ever is lower.  
However, if damage is caused by the negligence of Shipper or of its agents or contractors, (e.g., improper loading 
or weight distribution or Shipper's car or container equipment failure), Shipper will reimburse NS for NS' costs and 
expenses of moving damaged cars and/or containers to a site designated by Shipper and Shipper will scrap or 
repair the cars and/or containers.  The total amount of repairs will not exceed the current value of the cars and/or 
containers, as determined by Rule 107.  Acceptance of repaired cars and/or containers for subsequent use 
pursuant to this Offering will be subject to the approval of NS' Mechanical Department. 
  
 4. LIMITATION OF LIABILITY.  
   

(a) Movements under this Rule 100 shall be zero-liability with regard to loss or damage to the 
Commodity(ies) unless otherwise agreed to in writing by NS.  NS shall have no liability 
whatsoever for any loss or damage to the Commodity(ies).  In the event that Shipper 
desires a rate under this Rule 100 with full common carrier liability for loss or damage to 
the Commodity(ies), Shipper shall request the same from NS, which shall provide such a 
rate. 

 
(b) Due to the nature and value of the Commodity(ies) and in consideration for the rates 

provided to Shipper, Shipper agrees that, regardless of the nature of the cause of action  
( whether in contract, tort or otherwise), NS shall have no liability to Shipper for 
consequential, incidental, indirect, special or other such economic damages (including but 
not limited to loss of business, cost of capital, business interruption expenses and fines, 
lost profits, alternative and/or premium  transportation costs and cost of additional leased 
cars) arising out of or incident to any failure by NS to provide timely service, including, but 
not limited to, any failure by NS to pick-up, deliver or move with reasonable dispatch the 
Commodity(ies) or any cars moving or intended to move the Commodity(ies), 
notwithstanding that NS knew or might reasonably have known of the possibility of such 
damages. 

 
 5. LOADING AND UNLOADING. 
 
  (a) Shipper shall be solely responsible for the proper loading and unloading of rail cars and 
containers, and will comply with the loading rules of the Association of American Railroads and applicable Federal 
and state laws and regulations regarding the handling of solid waste.  Shipper must not load a rail car in excess of 
its stenciled gross vehicle weight.  Shipments moving under the provisions of this Offering will not be weighed, 
except that NS may, at its option, weigh carload shipments to verify that the cars have not been overloaded.  
Overloaded shipments are subject to the terms, provisions, and charges as provided in CR 9542-series 
publication (Overload Car Rules & Charges) or successor publication.  If requested by NS, for a sample period of 

TARIFF NS 6306-A

RULES AND REGULATIONS FOR HAZARDOUS MATERIALS AND RELATED ARTICLES

Customer agrees that in order to ensure that containers withstand normal railroad
operations, NS’s Mechanical Department recommends containers placed in service
Under this rule be equipped with end-of-car cushioning. If Shipper chooses not to so
equip containers, then Shipper, notwithstanding any other provision of this rule, shall
release NS from, and indemnify NS for, any damage to containers or flatears incurred in
normal railroad operations. Shipper also agrees to indemnify and hold harmless NS for
any and all loss, liability claims, fees or costs arising from, related to, or associated with
such container's failure and subsequent cleanup.

3. DAMAGE TO SHIPPER CARS & CONTAINERS. In the event of damage to Shipper cars and/or
containers caused by NS, NS will, ina timely manner and at its sole expense, arrange for movement of the cars
and/or containers to the Shipper terminal designated by Shipper and reimbursement for reasonable repair cost.
In the event that Shipper’s cars and/or containers are damaged beyond repair by NS, NS shall pay to Shipper the
book value, or the depreciated value as determined by Rule 107 of the AAR Field Manual, which ever is lower.
However, if damage is caused by the negligence of Shipper or of its agents or contractors, (e.g., improper loading
‘or weight distribution or Shipper's car or container equipment failure), Shipper will reimburse NS for NS' costs and
‘expenses of moving damaged cars and/or containers to a site designated by Shipper and Shipper will scrap or
repair the cars and/or containers. The total amount of repairs will not exceed the current value of the cars and/or
containers, as determined by Rule 107. Acceptance of repaired cars and/or containers for subsequent use
pursuant to this Offering will be subject to the approval of NS' Mechanical Department.

4 LIMITATION OF LIABILITY.

(2) Movements under this Rule 100 shall be zero-liability with regard to loss or damage to the
Commodity(ies) unless otherwise agreed to in writing by NS. NS shall have no liability
whatsoever for any loss or damage to the Commodity(ies). In the event that Shipper
desires a rate under this Rule 100 with full common carrier liability for loss or damage to
the Commodity(ies), Shipper shalll request the same from NS, which shall provide such a
rate.

(b) Due to the nature and value of the Commodity(ies) and in consideration for the rates
provided to Shipper, Shipper agrees that, regardless of the nature of the cause of action
(whether in contract, tort or otherwise), NS shall have no liability to Shipper for
consequential, incidental, indirect, special or other such economic damages (including but
not limited to loss of business, cost of capital, business interruption expenses and fines,
lost profits, altemative and/or premium transportation costs and cost of additional leased
cars) arising out of or incident to any failure by NS to provide timely service, including, but
not limited to, any failure by NS to pick-up, deliver or move with reasonable dispatch the
Commodity(ies) or any cars moving or intended to move the Commodity(ies),
notwithstanding that NS knew or might reasonably have known of the possibility of such
damages.

5. LOADING AND UNLOADING.

(a) __ Shipper shall be solely responsible for the proper loading and unloading of rail cars and
containers, and will comply with the loading rules of the Association of American Railroads and applicable Federal
and state laws and regulations regarding the handling of solid waste. Shipper must not load a rail car in excess of
its stenciled gross vehicle weight. Shipments moving under the provisions of this Offering will not be weighed,
‘except that NS may, at its option, weigh carload shipments to verify that the cars have not been overloaded.
Overloaded shipments are subject to the terms, provisions, and charges as provided in CR 9542-series

ation (Overload Car Rules & Charges) or successor publication. If requested by NS, for a sample period of





TARIFF NS 6306-A 

RULES AND REGULATIONS FOR HAZARDOUS MATERIALS AND RELATED ARTICLES 

 

 

5 

time, Shipper shall provide origin weights to NS.  Shipper and NS or its agent, will negotiate a mutually agreeable 
Shipper's Average Weight Agreement. 
 
  The Shipper's responsibility shall include obtaining any necessary permits, authorities or 
permissions required to affect any required unloading of overweight loads and subsequent handling of the 
material unloaded, as well as maintaining the general order of the operation by providing adequate supervision to 
supervise the operation.  Any reloaded material moved to Destination shall continue to be subject to the 
provisions of this Offering. 
 

(b) Notwithstanding the provisions of the NS Conditions of Carriage to the contrary, Shipper 
shall indemnify and hold harmless NS or actual owners of Equipment used in the 
transportation of the Commodities from and against any and all liability for loss or 
damage (including but not limited to loss or damage to personal property, personal injury 
and/or death, attorney's fees arising therefrom, or special and consequential damages) 
resulting from future use of Equipment to the extent such loss, damage, personal injury 
or death resulted from Shipper's failure or negligence in inspecting and/or 
decontaminating Equipment prior to release to NS. 

 
  (c) Shipper shall cease loading cars at Origin if for any reason cars are not accepted for 
unloading within 48 hours of notice of constructive placement. 
 
  (d) Shipper shall have the responsibility to obtain and comply with all applicable federal, 
state and local laws, rules, regulations, permits and licenses required to transfer municipal Solid Waste between 
modes of transportation.  Shipper shall be responsible for paying for all costs associated with obtaining and 
complying with said requirements, and agrees to indemnify NS for any and all costs, claims, suits, damages and 
fees that may arise from the failure to obtain or comply with such requirements. 
 
 6. IDENTIFICATION OF ALTERNATIVE DESTINATION.  Shipper shall designate both the Primary 
Destination and an alternate destination for the shipments.  All the requirements in this Rule shall apply to the 
Primary Destination and Alternative Destination.  The designation of an Alternative Destination and the 
satisfaction of the requirements for such a destination, must be satisfied before any traffic can begin moving 
hereunder. 
 
 7. NON ACCEPTANCE OF CAR FOR UNLOADING. 
 
  (a) Notwithstanding any contrary provisions of this Rule, if Shipper, or any party selected by 
Shipper, fails for any reason including, but not limited to, the sufficiency of track capacity at the landfill 
Destination, to accept actual placement at a designated delivery point, which point shall not be located on NS' 
property, or to provide for removal of such car from NS' property, within 48 hours after the giving of notice of 
constructive placement at Destination, Shipper shall immediately give NS shipment instructions for the car.  
Shipper shall be solely responsible for selecting any alternate destination or disposal site, and the parties agree 
that NS did not select the alternative disposal site for any shipment moved.  If Shipper fails to provide directions 
for handling the car to an Alternative Destination, within said 48 hours, NS may at its sole option return the car to 
Origin or to the alternate backup landfill.  Moreover, Shipper shall provide a letter which states that said return 
movement has received any and all necessary permits and legal approvals to transport and dispose of 
Commodity returned to original Origin by such return movement. 
 
  (b) NS will also have the right to refuse to accept any loaded car at Origin or interchange for 
transportation until all loaded cars at Destination are accepted and moved to a point not on NS' property. 
 
  (c) Shipper shall cease loading cars at Origin if any judicial, administrative or enforcement 
action is commenced, which would prohibit, seek to prohibit, or unduly impede, the proposed operation or the 
transportation contemplated hereunder.  Shipper shall also cease loading cars at Origin if for any reason cars are 
not accepted for unloading within 48 hours of notice of constructive placement. 
 

TARIFF NS 6306-A

RULES AND REGULATIONS FOR HAZARDOUS MATERIALS AND RELATED ARTICLES

time, Shipper shall provide origin weights to NS. Shipper and NS or its agent, will negotiate a mutually agreeable
Shipper’s Average Weight Agreement.

The Shipper's responsibilty shall include obtaining any necessary permits, authorities or
permissions required to affect any required unloading of overweight loads and subsequent handling of the
material unloaded, as well as maintaining the general order of the operation by providing adequate supervision to
supervise the operation. Any reloaded material moved to Destination shall continue to be subject to the
provisions of this Offering,

(b) Notwithstanding the provisions of the NS Conditions of Carriage to the contrary, Shipper
shall indemnify and hold harmless NS or actual owners of Equipment used in the
transportation of the Commodities from and against any and all liability for loss or
damage (including but not limited to loss or damage to personal property, personal injury
and/or death, attomey's fees arising therefrom, or special and consequential damages)
resulting from future use of Equipment to the extent such loss, damage, personal injury
or death resulted from Shipper's failure or negligence in inspecting and/or
decontaminating Equipment prior to release to NS.

(c)___ Shipper shall cease loading cars at Origin if for any reason cars are not accepted for
unloading within 48 hours of notice of constructive placement.

(4) __ Shipper shall have the responsibility to obtain and comply with all applicable federal,
state and local laws, rules, regulations, permits and licenses required to transfer municipal Solid Waste between
modes of transportation. Shipper shall be responsible for paying for all costs associated with obtaining and
‘complying with said requirements, and agrees to indemnify NS for any and all costs, claims, suits, damages and
fees that may arise from the failure to obtain or comply with such requirements.

6. _ IDENTIFICATION OF ALTERNATIVE DESTINATION. Shipper shall designate both the Primary
Destination and an alternate destination for the shipments. All the requirements in this Rule shall apply to the
Primary Destination and Alternative Destination. The designation of an Altemative Destination and the
satisfaction of the requirements for such a destination, must be satisfied before any traffic can begin moving
hereunder.

7. NON ACCEPTANCE OF CAR FOR UNLOADING.

(a) Notwithstanding any contrary provisions of this Rule, if Shipper, or any party selected by
Shipper, fails for any reason including, but not limited to, the sufficiency of track capacity at the landfill
Destination, to accept actual placement at a designated delivery point, which point shall not be located on NS"
property, or to provide for removal of such car from NS" property, within 48 hours after the giving of notice of
constructive placement at Destination, Shipper shall immediately give NS shipment instructions for the car.
Shipper shall be solely responsible for selecting any alternate destination or disposal site, and the parties agree
that NS did not select the alternative disposal site for any shipment moved. If Shipper fails to provide directions
for handling the car to an Alternative Destination, within said 48 hours, NS may at its sole option retum the car to
Origin or to the alternate backup landfill. Moreover, Shipper shall provide a letter which states that said return
movement has received any and all necessary permits and legal approvals to transport and dispose of
Commodity returned to original Origin by such retum movement.

(b) NS will also have the right to refuse to accept any loaded car at Origin or interchange for
transportation until all loaded cars at Destination are accepted and moved to a point not on NS" property.

(c) Shipper shall cease loading cars at Origin if any judicial, administrative or enforcement
action is commenced, which would prohibit, seek to prohibit, or unduly impede, the proposed operation or the
transportation contemplated hereunder. Shipper shall also cease loading cars at Origin if for any reason cars are
not accepted for unloading within 48 hours of notice of constructive placement.





TARIFF NS 6306-A 

RULES AND REGULATIONS FOR HAZARDOUS MATERIALS AND RELATED ARTICLES 

 

 

6 

  (d) If, in NS' sole judgement, based on NS' track safety standards for industry tracks, the 
private industry tracks that are to be used to complete delivery are deemed to be unsafe for rail operations, 
loaded cars will not be placed on such tracks and such cars shall be declared as not accepted at Destination and 
shall be subject to paragraphs (a), (b) and (c) of this Section. 
 
 8. TRANSPORTATION OF WRAPPED BALES OF MUNICIPAL SOLID WASTE (40 291 73) 
 
  The following specifications describe the transportation of airtight, watertight, wrapped bales of 
Municipal Solid Waste, hereinafter, the “Bales”.  The specifications set forth minimum requirements only. 
 
  (a) Industry represents that the loading facility at Origin has the necessary environmental 
permits for the handling, storing and transloading the Bales.  Industry also represents that the handling, storing 
and transloading of the Bales at Origin and Destination are confined to the indoors or in accordance with facility 
permit requirements. 
 
  (b)   Minimum Bale Requirements.  Bales must be tightly wrapped on all sides without any 
gaps or ballooning.  Bales shall have a minimum of two (2) layers of wrapping material and 25% overlap to 
prevent emissions of odor and/or leachate.  The wrapping material for the stretch-wrap method shall be made of a 
low-density polyethylene (LDPE) material.  The wrapping tube for the shrink-wrap method shall be made of a 
high-density polyethylene (HDPE) material.  The wrapping material must be tear and puncture resistant to prevent 
ripping, tearing and/or chaffing, which may be caused by normal rail transportation movements.  The bailing twine 
or strap must be bound in a manner that will not damage the wrapping material.  Wire is not acceptable.  Industry 
shall not use loading and unloading equipment that will rip, tear and/or shred the wrapping material of the Bales.  
Upon notice from NS, Bales must be sprayed with an odor reducing and/or suppressing enzyme. 
 
  (c) Railcar requirements.  Industry may supply a dedicated fleet of Railcars subject to prior 
approval of NS Mechanical.  Stretch-wrapped and/or shrink-wrapped Bales may be loaded in NS approved 
Containers pursuant to this Rule 100.  Boxcars are not acceptable for transporting Bales.  Gondolas are 
acceptable for transporting stretch-wrapped and/or shrink-wrapped Bales.  Load design pattern must be approved 
by NS Damage Prevention.  Gondolas must meet the following criteria, at a minimum: 
 

(1) The interior of the gondola shall have a flat bottom with straight sides.  Any necessary 
interior cross-bracing will be located so as not to obstruct loading or unloading of 
wrapped Bales. 

(2) If gondolas are tarped, tarpaulins or other types of coverings are used, the coverings 
must be of adequate construction to resist tearing or other forms of degradation 
brought about by such things as, but not limited to, wind, vibration, movement, and 
abrasion. Tarpaulins must provide a watertight seal over the gondolas which prevents 
water from entering the gondolas.  Tarpaulins or other coverings must not be secured 
to or otherwise obstruct ladders, handholds, grab irons, hand brakes, safety 
walkways, railings, or other safety appliances. 

  
  (d)   Cleaning And Maintenance.  Industry shall be responsible for the necessary cleaning of 
each Railcar before its release to NS, as well as necessary cleaning of any adjacent or vicinity property at Origin, 
Destination and/or any location en route where such Bales have been loaded and/or unloaded in accordance with 
applicable Federal, state and local laws and regulations.  Industry shall be responsible for the spraying of an odor-
reducing enzyme into the Railcar as necessary to insure that no odors are emitted from the Railcar.  Industry shall 
repair and maintain all Railcars used in the transportation of the Bales in accordance with the provisions of the 
AAR Interchange Rules, as amended or superseded.  Railcars shall be cleaned on the inside after each unloading 
processes to assure all waste is removed and outside periodically to prevent buildup of waste residue that could 
cause odors and/or attract vermin or rodents.  Railcars shall undergo a thorough cleaning at least once per year.  
NS may inspect, at its sole expense, loaded and/or empty Railcars at the Origin and/or Destination to verify that 
Railcars and/or Bales are in conformance with this Rule. 
 

TARIFF NS 6306-A

RULES AND REGULATIONS FOR HAZARDOUS MATERIALS AND RELATED ARTICLES

(4) __ If, in NS" sole judgement, based on NS' track safety standards for industry tracks, the
private industry tracks that are to be used to complete delivery are deemed to be unsafe for rail operations,
loaded cars will not be placed on such tracks and such cars shall be declared as not accepted at Destination and
shall be subject to paragraphs (a), (b) and (0) of this Section.

8 TRANSPORTATION OF WRAPPED BALES OF MUNICIPAL SOLID WASTE (40 291 73)

The following specifications describe the transportation of airtight, watertight, wrapped bales of
Municipal Solid Waste, hereinafter, the "Bales". The specifications set forth minimum requirements only.

(a) Industry represents that the loading facility at Origin has the necessary environmental
permits for the handling, storing and transloading the Bales. Industry also represents that the handling, storing
and transloading of the Bales at Origin and Destination are confined to the indoors or in accordance with facility
permit requirements.

(b) __ Minimum Bale Requirements. Bales must be tightly wrapped on all sides without any
gaps or ballooning. Bales shall have a minimum of two (2) layers of wrapping material and 25% overlap to
Prevent emissions of odor and/or leachate. The wrapping material for the stretch-wrap method shall be made of a
low-density polyethylene (LDPE) material. The wrapping tube for the shrink-wrap method shalll be made of a
high-density polyethylene (HDPE) material. The wrapping material must be tear and puncture resistant to prevent
ripping, tearing and/or chaffing, which may be caused by normal rail transportation movements. The bailing twine
or strap must be bound in a manner that will not damage the wrapping material. Wire is not acceptable. Industry
shall not use loading and unloading equipment that will rip, tear and/or shred the wrapping material of the Bales.
Upon notice from NS, Bales must be sprayed with an odor reducing and/or suppressing enzyme.

(c)__ Railcar requirements. Industry may supply a dedicated fleet of Railcars subject to prior
approval of NS Mechanical. Stretch-wrapped and/or shrink-wrapped Bales may be loaded in NS approved
Containers pursuant to this Rule 100. Boxcars are not acceptable for transporting Bales. Gondolas are
acceptable for transporting stretch-wrapped and/or shrink-wrapped Bales. Load design pattem must be approved
by NS Damage Prevention. Gondolas must meet the following criteria, at a minimum:

(1) The interior of the gondola shall have a flat bottom with straight sides. Any necessary
interior cross-bracing will be located so as not to obstruct loading or unloading of
wrapped Bales,

(2) If gondolas are tarped, tarpaulins or other types of coverings are used, the coverings
must be of adequate construction to resist tearing or other forms of degradation
brought about by such things as, but not limited to, wind, vibration, movement, and
abrasion. Tarpaulins must provide a watertight seal over the gondolas which prevents
water from entering the gondolas. Tarpaulins or other coverings must not be secured
to or otherwise obstruct ladders, handholds, grab irons, hand brakes, safety
walkways, railings, or other safety appliances.

(4) Cleaning And Maintenance. Industry shall be responsible for the necessary cleaning of
‘each Railcar before its release to NS, as well as necessary cleaning of any adjacent or vicinity property at Origin,
Destination and/or any location en route where such Bales have been loaded and/or unloaded in accordance with
applicable Federal, state and local laws and regulations. Industry shall be responsible for the spraying of an odor-
reducing enzyme into the Railcar as necessary to insure that no odors are emitted from the Railcar. Industry shall
repair and maintain all Railcars used in the transportation of the Bales in accordance with the provisions of the
‘AAR Interchange Rules, as amended or superseded. Railcars shall be cleaned on the inside after each unloading
processes to assure all waste is removed and outside periodically to prevent buildup of waste residue that could
‘cause odors and/or attract vermin or rodents. Railcars shall undergo a thorough cleaning at least once per year.
NS may inspect, at its sole expense, loaded and/or empty Railcars at the Origin and/or Destination to verify that
Railcars and/or Bales are in conformance with this Rule





TARIFF NS 6306-A 

RULES AND REGULATIONS FOR HAZARDOUS MATERIALS AND RELATED ARTICLES 

 

 

7 

  (e)   Rejection, Suspension and/or Termination of Non-Complying Shipments.  NS has the 
exclusive right to reject any loaded or empty Railcars that do not comply with the provisions of this Rule, and to 
immediately suspend shipments of Bales upon receipt of a notice of violation of any applicable ordinance, 
regulations or law.  NS will notify Industry of the notice of violation.  While the suspension is in effect, Industry will 
have fifteen (15) days to remedy the violation.  If the violation has not been resolved in a manner that is 
acceptable to issuer of the notice of violation and/or NS, NS has the exclusive right to cease future shipments of 
the Bales and immediately terminate the applicable Rate Publication.  NS has the exclusive right to reject the 
tender of, or suspend and return to industry, any loaded or empty Railcar that in, NS’s sole opinion is emitting foul 
odors, leaking, infested by vermin or rodents or is generally unclean.  NS may further require Industry to clean 
such Railcar to the extent that such odor, leakage, infestation or uncleanliness has been eliminated or reduced to 
a level that is acceptable to NS prior to acceptance of such Railcar for additional shipments pursuant to this Rule.  
Industry must identify the contact person to handle and/or correct all notice of violations, complaints and/or 
cleanup.  
 
 9. LIMIT OF NS' OBLIGATION.  NS shall have no obligation with regard to disposition of waste 
tendered to it for transportation other than to deliver it to Shipper, or to a landfill operator or other person selected 
by Shipper, at a Destination site named in the applicable tariff, quote or circular, named in a schedule, or an 
alternate destination site selected by Shipper. 
 
 10. SELECTION OF DISPOSAL LOCATION.  All sites selected by Shipper as Primary Destination or 
Alternative Destination disposal sites for the shipments made hereunder were selected by Shipper alone and 
Shipper hereby certifies that NS has not participated in, nor taken any active interest in the site selection for the 
storage or disposal of the materials transported hereunder. 
 
 11. FEDERAL, STATE AND LOCAL LAWS, PERMITS AND THIRD PARTY AGREEMENTS.  
Shipper shall comply with all applicable federal, state and local laws, ordinances, and regulations, including, but 
not limited to, all laws pertaining to the transportation, transfer, delivery, treatment, dumping, storage and disposal 
of solid and municipal wastes. 
 
 Prior to any transportation hereunder, Shipper shall obtain, and shall maintain in effect at all times, any 
and all necessary permits or licenses for the transportation, transfer, delivery, treatment, dumping, storage and 
disposal of waste subject to this Rule, and shall furnish copies of all necessary permits and licenses to NS.  Prior 
to any transportation hereunder, Shipper shall obtain from the responsible State and local regulatory authorities 
for each and every State and/or locality in which the subject Commodity is originated, transferred between modes, 
and disposed, written confirmation, or other documentation deemed sufficient by NS to meet this requirement, that 
all elements of the transportation and disposal of the Commodity, including, but not limited to, transportation, 
transfer, delivery, treatment, dumping, storage and disposal, meet all legal requirements. 
 
 Shipper shall be responsible for compliance with all new or changed laws and regulations which apply to it 
and affect the proposed operation.  Shipper shall immediately advise NS of any new or changed law or regulation, 
or any change in its permits or licenses, which may affect the operation. 
 
 To the extent that any of Shipper's obligations hereunder, would require that it reach agreements with 
third parties, including but not limited to the landfill at Primary or Alternative Destination, a receiver, or any other 
third party reasonably necessary to assure that the movement of Commodity is in compliance with this Rule, 
Shipper agrees to obtain and implement legally enforceable agreements with said third parties prior to the 
movement of Commodity.  Such agreements would include, but are not limited to, the establishment of a private 
industry track agreement which among other requirements sets safety standards for industry tracks. 
 
 12. DOCUMENTATION, ACCEPTANCE AND TENDER OF WASTE.  Municipal Solid Waste 
transported under this Rule shall be as described in Rule 50.  Such Municipal Solid Waste shall be accompanied 
by all required shipping documents and shall be properly marked, labeled and placarded as required by applicable 
federal, state and local laws and regulations. 
 

TARIFF NS 6306-A

RULES AND REGULATIONS FOR HAZARDOUS MATERIALS AND RELATED ARTICLES

(e) __ Rejection, Suspension and/or Termination of Non-Complying Shipments. NS has the
exclusive right to reject any loaded or empty Railcars that do not comply with the provisions of this Rule, and to
immediately suspend shipments of Bales upon receipt of a notice of violation of any applicable ordinance,
regulations or law. NS will notify Industry of the notice of violation. While the suspension is in effect, Industry will
have fifteen (15) days to remedy the violation. If the violation has not been resolved in a manner that is
acceptable to issuer of the notice of violation and/or NS, NS has the exclusive right to cease future shipments of
the Bales and immediately terminate the applicable Rate Publication. NS has the exclusive right to reject the
tender of, or suspend and return to industry, any loaded or empty Railcar that in, NS's sole opinion is emitting foul
‘odors, leaking, infested by vermin or rodents or is generally unclean. NS may further require Industry to clean
‘such Railcar to the extent that such odor, leakage, infestation or uncleanliness has been eliminated or reduced to
a level that is acceptable to NS prior to acceptance of such Railcar for additional shipments pursuant to this Rule.
Industry must identify the contact person to handle and/or correct all notice of violations, complaints and/or
cleanup.

9. ___ LIMIT OF NS' OBLIGATION. NS shall have no obligation with regard to disposition of waste
tendered to it for transportation other than to deliver it to Shipper, or to a landfill operator or other person selected
by Shipper, at a Destination site named in the applicable tariff, quote or circular, named in a schedule, or an
altemate destination site selected by Shipper.

10. SELECTION OF DISPOSAL LOCATION. Alll sites selected by Shipper as Primary Destination or
Alternative Destination disposal sites for the shipments made hereunder were selected by Shipper alone and
Shipper hereby certifies that NS has not participated in, nor taken any active interest in the site selection for the
storage or disposal of the materials transported hereunder.

11. FEDERAL, STATE AND LOCAL LAWS, PERMITS AND THIRD PARTY AGREEMENTS.
Shipper shall comply with all applicable federal, state and local laws, ordinances, and regulations, including, but
ot limited to, all laws pertaining to the transportation, transfer, delivery, treatment, dumping, storage and disposal
of solid and municipal wastes.

Prior to any transportation hereunder, Shipper shall obtain, and shall maintain in effect at all times, any
and all necessary permits or licenses for the transportation, transfer, delivery, treatment, dumping, storage and
disposal of waste subject to this Rule, and shall furnish copies of all necessary permits and licenses to NS. Prior
to any transportation hereunder, Shipper shall obtain from the responsible State and local regulatory authorities
for each and every State and/or locality in which the subject Commodity is originated, transferred between modes,
and disposed, written confirmation, or other documentation deemed sufficient by NS to meet this requirement, that
all elements of the transportation and disposal of the Commodity, including, but not limited to, transportation,
transfer, delivery, treatment, dumping, storage and disposal, meet all legal requirements.

Shipper shall be responsible for compliance with all new or changed laws and regulations which apply to it
and affect the proposed operation. Shipper shalll immediately advise NS of any new or changed law or regulation,
‘or any change in its permits or licenses, which may affect the operation.

To the extent that any of Shipper's obligations hereunder, would require that it reach agreements with
third parties, including but not limited to the landfill at Primary or Altemative Destination, a receiver, or any other
third party reasonably necessary to assure that the movement of Commodity is in compliance with this Rule,
Shipper agrees to obtain and implement legally enforceable agreements with said third parties prior to the
movement of Commodity. Such agreements would include, but are not limited to, the establishment of a private
industry track agreement which among other requirements sets safety standards for industry tracks.

12. DOCUMENTATION, ACCEPTANCE AND TENDER OF WASTE. Municipal Solid Waste
transported under this Rule shall be as described in Rule 50. Such Municipal Solid Waste shall be accompanied
by all required shipping documents and shall be properly marked, labeled and placarded as required by applicable
federal, state and local laws and regulations.





TARIFF NS 6306-A 

RULES AND REGULATIONS FOR HAZARDOUS MATERIALS AND RELATED ARTICLES 

 

 

8 

 If requested by NS, Shipper shall provide NS with a copy of any waste analysis report that is required to 
be submitted to any federal or state agency or to the operator of any destination landfill. 
  
 13. IMPROPER TENDER.  Notwithstanding the other provisions of this Rule, if Shipper, knowingly or 
unknowingly, tenders or ships any hazardous material or hazardous waste, as defined herein, Shipper shall save, 
indemnify, defend and hold harmless NS and its directors, officers and employees from and against any and all 
claim, loss, damages (including special and consequential damages, or damages caused by sudden accidental 
pollution), suit, liability and expense arising out of the transportation, transfer, delivery, treatment, dumping, 
storage or disposal of such hazardous materials, including but not limited to any and all cleanup or 
decontamination costs, any environmental fines of penalties, and any liability pursuant to Section 107(a) and (b) 
of CERLCA and any amendments thereto, and for any similar liability pursuant to state or local laws which may 
hold NS liable for any release of hazardous waste or materials, regardless of NS' negligence, and provided that 
NS reasonably cooperates with Shipper in the handling of such material after it is discovered to be hazardous. 
 
 Shipper shall indemnify and hold NS harmless from any and all costs, fines, penalties, claims or other 
expense incurred by NS (including attorney's fees and other legal or investigative expenses) resulting from any 
order or directive of any governmental body or agency or any court prohibiting, regulating, restricting or requiring 
movement of a loaded car of the Commodities, or prohibiting, regulating or restricting delivery of the Commodity 
at Destination or at any alternate destination or at Origin if the Commodity is returned to Origin pursuant to 
Section 7 hereof. Such costs shall include transportation costs (including applicable charges for any 
transportation service performed by NS), dumping, storage, transfer, delivery, treatment or other costs, both direct 
and indirect, incurred as a result of any such order or directive. 
 
 14. INSURANCE. 

 
  (a) Shipper agrees to keep in force either commercial or comprehensive general liability 
insurance with minimum policy limits not less than $10 million combined single limit per occurrence for bodily 
injury and property damage.  Such policy shall be endorsed to cover the liability assumed under this Rule, and 
shall not deny coverage for operations conducted within fifty (50) feet of any railroad hazard.  Shipper agrees to 
have its insurance policies covering its handling and storage of product to be contractually endorsed to relate to 
the indemnification provisions of this Rule. 
 
  (b) Shipper shall name NS as an additional insured under all such policies and shall furnish 
evidence certifying the existence of such insurance prior to NS' performance of transportation hereunder.  Said 
evidence of insurance shall contain a provision to the effect that thirty (30) days' advance written notice will be 
given to NS of any material change in, or cancellation of, such insurance by the insurance carrier. 

 
  (c)  NS and Shipper agree that the coverages and limits set forth herein and provided for by 
Shipper's insurance in no way limits its liability under the terms of this Rule. 
 
 15. INCIDENTS AND CREDITS. 
 
  (a) In the event of an incident during transportation over NS' lines under this Offering 
involving a "hazardous waste discharge" (as that phrase is defined in 40 C.F.R. Section 260.10 (a) (13)), or 
"release" of a "hazardous substance" in "reportable quantities” (as those terms are defined by CERCLA, any 
regulations promulgated pursuant thereto, and Section 311 of the Clean Water Act), each Party shall take 
immediate action as is required under 40 C. F.R. Part 263, Subpart C (Sections 263.30 and 263.31), and 40 
C.F.R, Parts 264 and 265, Subpart D (Sections 264.56 and 265.56), and any other applicable federal or state 
laws, rules or regulations, including the notification of the proper federal and state authorities. 
 
  (b) NS shall have in effect emergency procedures in the event of a “hazardous waste 
discharge" or a "release" of Municipal Solid Waste occurring during transportation.  Such emergency procedures 

TARIFF NS 6306-A

RULES AND REGULATIONS FOR HAZARDOUS MATERIALS AND RELATED ARTICLES

If requested by NS, Shipper shall provide NS with a copy of any waste analysis report that is required to
be submitted to any federal or state agency or to the operator of any destination landfill.

13. IMPROPER TENDER. Notwithstanding the other provisions of this Rule, if Shipper, knowingly or
unknowingly, tenders or ships any hazardous material or hazardous waste, as defined herein, Shipper shall save,
indemnify, defend and hold harmless NS and its directors, officers and employees from and against any and all
claim, loss, damages (including special and consequential damages, or damages caused by sudden accidental
pollution), suit, liability and expense arising out of the transportation, transfer, delivery, treatment, dumping,
storage or disposal of such hazardous materials, including but not limited to any and all cleanup or
decontamination costs, any environmental fines of penalties, and any liability pursuant to Section 107(a) and (b)
‘of CERLCA and any amendments thereto, and for any similar liability pursuant to state or local laws which may
hold NS liable for any release of hazardous waste or materials, regardless of NS’ negligence, and provided that
NS reasonably cooperates with Shipper in the handling of such material after itis discovered to be hazardous.

Shipper shall indemnify and hold NS harmless from any and all costs, fines, penalties, claims or other
‘expense incurred by NS (including attorney's fees and other legal or investigative expenses) resulting from any
order or directive of any govemmental body or agency or any court prohibiting, regulating, restricting or requiring
movement of a loaded car of the Commodities, or prohibiting, regulating or restricting delivery of the Commodity
at Destination or at any alternate destination or at Origin if the Commodity is returned to Origin pursuant to
Section 7 hereof. Such costs shall include transportation costs (including applicable charges for any
transportation service performed by NS), dumping, storage, transfer, delivery, treatment or other costs, both direct
and indirect, incurred as a result of any such order or directive.

14. INSURANCE,

(a) _ Shipper agrees to keep in force either commercial or comprehensive general li
insurance with minimum policy limits not less than $10 million combined single limit per occurrence for bodily
injury and property damage. Such policy shall be endorsed to cover the liability assumed under this Rule, and
shall not deny coverage for operations conducted within fifty (50) feet of any railroad hazard. Shipper agrees to
have its insurance policies covering its handling and storage of product to be contractually endorsed to relate to
the indemnification provisions of this Rule.

(b) Shipper shall name NS as an additional insured under all such policies and shall furnish
evidence certifying the existence of such insurance prior to NS' performance of transportation hereunder. Said
‘evidence of insurance shall contain a provision to the effect that thirty (30) days’ advance written notice will be
given to NS of any material change in, or cancellation of, such insurance by the insurance carrier.

(c) NS and Shipper agree that the coverages and limits set forth herein and provided for by
Shipper's insurance in no way limits its liability under the terms of this Rule.

15. INCIDENTS AND CREDITS.

(a) _ Inthe event of an incident during transportation over NS' lines under this Offering
involving a "hazardous waste discharge" (as that phrase is defined in 40 C.F.R. Section 260.10 (a) (13)), or
"release" of a "hazardous substance" in “reportable quantities’ (as those terms are defined by CERCLA, any
regulations promulgated pursuant thereto, and Section 311 of the Clean Water Act), each Party shall take
immediate action as is required under 40 C. F.R. Part 263, Subpart C (Sections 263.30 and 263.31), and 40
C.F.R, Parts 264 and 265, Subpart D (Sections 264.56 and 265.56), and any other applicable federal or state
laws, rules or regulations, including the notification of the proper federal and state authorities.

(b) _NS shall have in effect emergency procedures in the event of a “hazardous waste
discharge" or a "release" of Municipal Solid Waste occurring during transportation. Such emergency procedures





TARIFF NS 6306-A 

RULES AND REGULATIONS FOR HAZARDOUS MATERIALS AND RELATED ARTICLES 

 

 

9 

shall conform with all applicable legal and regulatory requirements and provide for the control and cleanup of the 
discharge so that any hazard to human health or the environment can be expeditiously eliminated.  In the event of 
a "hazardous waste discharge" or "release" of Municipal Solid Waste occurring on Shipper property, Shipper shall 
invoke its own emergency plan to control and clean up the discharge. 
 
  (c) Regardless of where a "hazardous waste discharge" or a "release'' occurs, both parties 
shall cooperate fully to the extent reasonably necessary to expeditiously and prudently abate or eliminate any 
hazard; provided , however, that nothing contained in this paragraph shall alter Shipper' s responsibilities and 
obligations nor NS’ responsibilities and obligations pursuant to this Rule. 
 
  (d) In any such incident where the expenses of cleanup are the obligation of NS under the 
terms of this Rule, Shipper shall, upon request of NS and to the extent it is authorized by law and regulation; 
 
   (1) accept for disposal Municipal Solid Waste being disposed of by NS as a result of 
the cleanup (“NS' Cleanup Waste"), subject to the parties' mutual agreement on the cost of disposal for additional 
waste beyond the original waste; and (such mutual agreement shall not be unreasonably withheld) 
 
   (2) credit against NS' disposal costs for NS’ Cleanup Waste any monies already 
collected by Shipper from other parties for the original disposal of the Municipal Solid Waste involved in the 
incident. 
 
  (e) In any such incident where the expenses of cleanup are the obligation of Shipper under 
the terms of this Rule, NS shall, upon request of Shipper and to the extent it is authorized by law and regulation: 

 
   (1) transport Municipal Solid Waste being disposed of by Shipper as a result of the 
cleanup (“Shipper’s Cleanup Waste”); and 
 
   (2) credit against Shipper’s transportation costs for Shipper’s Cleanup Waste any 
monies already paid by Shipper to NS for the original transportation of the Municipal Solid Waste involved in the 
incident. 
 
  (f) If the Shipper, knowingly or unknowingly, tenders or ships any hazardous material, as 
defined herein, the Shipper assumes the responsibility and liability for the cost and expense arising out of the 
transportation. transfer, delivery, treatment, dumping, storage, or disposal of such hazardous materials, including 
but not limited to any and all cleanup or decontamination coats and any environmental fines or penalties pursuant 
to Section 107 (a) and (b) of CERCLA and amendments thereto, and for any similar liability pursuant to state or 
local laws which may hold the transporter of hazardous waste liable for any release of hazardous waste or 
materials. 
 
 16. GENERAL REQUIREMENTS – INTERMODAL CONTAINERS. 

 
   (a) The following specifications describe an Intermodal, watertight container to be used for 
the transport of Municipal Solid Waste (MSW), sludges that do not contain any free liquid, soils and ash. 
 
  NOTE:  This specification sets forth minimum requirements only.  It is the responsibility of the 
Customer to provide containers which the manufacturer has designed and build to meet the use, and wear and 
tear associated with the particular application, solid waste handling, and railroad use. 

 
  (b) The container must have a Certified Test Report from the American Bureau of Shipping, 
(ABS) or other independent verification agency, that meets all the applicable requirements of the Association of 
American Railroads, (AAR), AAR M930-90, AAR Marine (Appendix A) and Container Safety Certification (CSC) 

TARIFF NS 6306-A

RULES AND REGULATIONS FOR HAZARDOUS MATERIALS AND RELATED ARTICLES

shall conform with all applicable legal and regulatory requirements and provide for the control and cleanup of the
discharge so that any hazard to human health or the environment can be expeditiously eliminated. In the event of
a “hazardous waste discharge" or "release" of Municipal Solid Waste occurring on Shipper property, Shipper shall
invoke its own emergency plan to control and clean up the discharge.

(c) __ Regardless of where a "hazardous waste discharge" or a "release" occurs, both parties
shall cooperate fully to the extent reasonably necessary to expeditiously and prudently abate or eliminate any
hazard; provided , however, that nothing contained in this paragraph shall alter Shipper’ s responsibilities and
obligations nor NS' responsibilities and obligations pursuant to this Rule.

(4) Inany such incident where the expenses of cleanup are the obligation of NS under the
terms of this Rule, Shipper shall, upon request of NS and to the extent it is authorized by law and regulation;

(1) accept for disposal Municipal Solid Waste being disposed of by NS as a result of
the cleanup ("NS' Cleanup Waste"), subject to the parties’ mutual agreement on the cost of disposal for additional
waste beyond the original waste; and (such mutual agreement shall not be unreasonably withheld)

(2) credit against NS' disposal costs for NS’ Cleanup Waste any monies already
collected by Shipper from other parties for the original disposal of the Municipal Solid Waste involved in the
incident.

(e) _ Inany such incident where the expenses of cleanup are the obligation of Shipper under
the terms of this Rule, NS shall, upon request of Shipper and to the extent it is authorized by law and regulation

(1) transport Municipal Solid Waste being disposed of by Shipper as a result of the
cleanup ("Shipper's Cleanup Waste’); and

(2) credit against Shipper's transportation costs for Shipper's Cleanup Waste any
monies already paid by Shipper to NS for the original transportation of the Municipal Solid Waste involved in the
incident.

(f) If the Shipper, knowingly or unknowingly, tenders or ships any hazardous material, as
defined herein, the Shipper assumes the responsibility and liability for the cost and expense arising out of the
transportation. transfer, delivery, treatment, dumping, storage, or disposal of such hazardous materials, including
but not limited to any and all cleanup or decontamination coats and any environmental fines or penalties pursuant
to Section 107 (a) and (b) of CERCLA and amendments thereto, and for any similar liability pursuant to state or
local laws which may hold the transporter of hazardous waste liable for any release of hazardous waste or
materials.

16. GENERAL REQUIREMENTS — INTERMODAL CONTAINERS.

(a) __ The following specifications describe an Intermodal, watertight container to be used for
the transport of Municipal Solid Waste (MSW), sludges that do not contain any free liquid, soils and ash.

NOTE: This specification sets forth minimum requirements only. Itis the responsibility of the
Customer to provide containers which the manufacturer has designed and build to meet the use, and wear and
tear associated with the particular application, solid waste handling, and railroad use

(b) The container must have a Certified Test Report from the American Bureau of Shipping,
(ABS) or other independent verification agency, that meets all the applicable requirements of the Association of
American Railroads, (AAR), AAR M930-90, AAR Marine (Appendix A) and Container Safety Certification (CSC)





TARIFF NS 6306-A 

RULES AND REGULATIONS FOR HAZARDOUS MATERIALS AND RELATED ARTICLES 

 

 

10 

under ABS "Rules for Certification of Cargo Containers".  Certified test reports must be received by NS before use 
in the service covered by the Rule (the “Service”). 
 
   (c) A complete set of engineering drawings and specifications with supporting engineering 
data that meets AAR and CSC under ABS rules must be submitted to the railroad with Approval Documentation 
from ABS Engineering Department prior to use in Service. 
 
   (d) The container provided by Customer for Service must be a container which the 
manufacturer has performed all required AAR and CSC tests under ABS rules.  All tests must have been 
supervised and certified by the American Bureau of Shipping (ABS).  Design and testing shall have been 
performed for the gross weight rating at which the container will be used. 
 
   (e) The container provided by Customer for Service must be a container which the 
manufacturer has had independent certification of manufacturing processes from ABS during the entire 
production run.  Production certificates from ABS must be provided to NS prior to use of the container in Service. 
 
   (f) The container provided by Customer for Service must be a container which the 
manufacturer has obtained a CSC safety approval number and an ABS approval number which will be provided to 
NS prior to the use of container in Service. 
 
   (g) The container provided by Customer for Service must be re-certified on an annual basis 
to be in compliance with all of the terms of this Rule, and specifically the requirement to not leak or allow release 
of any odor from commodity. 
 
 17. DIMENSIONS – INTERMODAL CONTAINERS. 
 
   (a) DIMENSIONS:  Container dimensions may vary according to the Customer's system 
requirements.  Nominal standard dimensions used in rail transportation are: length - 20' to 48', width - 8' or 8' 6", 
height - 4' to 9' -6".  Due to the nature of the solid waste business, other sizes may be more efficient maximizing 
payload and loading / unloading situations.  Customer should review container dimensions with NS to assure the 
complete system compatibility.  Dimensional tolerances shall be as per ABS requirements for Certification of 
Cargo Containers. 
 
   (b) CORNERS:  The containers shall be fitted with eight (8) ISO corner castings and shall be 
located to meet AAR standards and tolerances for a container of the size required. There shall be no protrusion of 
any kind, including hardware, doors, lids, etc., past the outer envelope of the corner castings. 
 
   (c) LOAD TRANSFERS:  Load transfer areas on the floor must be provided as per ABS 
requirements. 
 
 18. MINIMUM CONSTRUCTION REQUIREMENTS – INTERMODAL CONTAINERS. 
 

 NOTE:  This specification sets forth minimum requirements only.  It is the responsibility of the 
Customer to provide containers which the manufacturer has designed and build to meet the use, 
and wear and tear associated with this application and solid waste handling equipment in general. 

 
   (a) Floor shall be designed to handle the design loads of the system and meet ABS loading 
tests. 
 
   (b) Fork pockets shall be installed for unloaded use only, and shall meet AAR design 
requirements; 81" centers, 14" wide minimum, 41/2" high minimum. 
 

TARIFF NS 6306-A

RULES AND REGULATIONS FOR HAZARDOUS MATERIALS AND RELATED ARTICLES

under ABS "Rules for Certification of Cargo Containers". Certified test reports must be received by NS before use
in the service covered by the Rule (the “Service’)

(©) Acomplete set of engineering drawings and specifications with supporting engineering
data that meets AAR and CSC under ABS rules must be submitted to the railroad with Approval Documentation
from ABS Engineering Department prior to use in Service.

(4) __ The container provided by Customer for Service must be a container which the
manufacturer has performed all required AAR and CSC tests under ABS rules. Alll tests must have been
supervised and certified by the American Bureau of Shipping (ABS). Design and testing shall have been
performed for the gross weight rating at which the container will be used.

(e) _ The container provided by Customer for Service must be a container which the
manufacturer has had independent certification of manufacturing processes from ABS during the entire
production run. Production certificates from ABS must be provided to NS prior to use of the container in Service.

(f) The container provided by Customer for Service must be a container which the
manufacturer has obtained a CSC safety approval number and an ABS approval number which will be provided to
NS prior to the use of container in Service.

(a) ___ The container provided by Customer for Service must be re-certified on an annual basis
to be in compliance with all of the terms of this Rule, and specifically the requirement to not leak or allow release
of any odor from commodity.

17. DIMENSIONS ~ INTERMODAL CONTAINERS.

(a) DIMENSIONS: Container dimensions may vary according to the Customer's system
requirements. Nominal standard dimensions used in rail transportation are: length - 20' to 48’, width - 8’ or 8' 6",
height - 4' to 9' -6". Due to the nature of the solid waste business, other sizes may be more efficient maximizing
Payload and loading / unloading situations. Customer should review container dimensions with NS to assure the
‘complete system compatibility. Dimensional tolerances shall be as per ABS requirements for Certification of
Cargo Containers.

(b)_ CORNERS: The containers shall be fitted with eight (8) ISO comer castings and shall be
located to meet AAR standards and tolerances for a container of the size required. There shall be no protrusion of
any kind, including hardware, doors, lids, etc., past the outer envelope of the corner castings.

(©) LOAD TRANSFERS: Load transfer areas on the floor must be provided as per ABS
requirements.

18. MINIMUM CONSTRUCTION REQUIREMENTS — INTERMODAL CONTAINERS.

NOTE: This specification sets forth minimum requirements only. Itis the responsibility of the
Customer to provide containers which the manufacturer has designed and build to meet the use,
and wear and tear associated with this application and solid waste handling equipment in general.

(a) Floor shall be designed to handle the design loads of the system and meet ABS loading
tests.

(b) Fork pockets shall be installed for unloaded use only, and shall meet AAR design
requirements; 81" centers, 14" wide minimum, 41/2" high minimum.

10




TARIFF NS 6306-A 

RULES AND REGULATIONS FOR HAZARDOUS MATERIALS AND RELATED ARTICLES 

 

 

11 

   (c) Sidewall design must have smooth interior walls. All side posts shall be full welded to 
side sheets.  Bottom of side sheet and bottom of formed tubes shall be full welded. 
 
   (d) All four (4) corners shall have vertical structural welded tubing, between and supporting 
the top and bottom comer castings.  These tubes shall be designed structurally to meet stacking requirements for 
stacking loaded containers. 
 
   (e) A venting system shall be installed in the container to prevent implosion of the container 
during unloading.  Vents can be manually opened and closed, or, passive, always open. Containers will not be air 
tight with passive venting system. 
 
   (f) Top of container may be welded roof or open top with acceptable cover, not including 
tarp. If containers are tarped, tarpaulins or other types of coverings are used, the coverings must be of adequate 
construction to resist tearing or other forms of degradation brought about by such things as, but not limited to, 
wind, vibration, movement, and abrasion. Tarpaulins must provide a watertight seal over the containers which 
prevents water from entering the container.  Tarpaulins or other coverings must not be secured to or otherwise 

obstruct ladders, handholds, grab irons, hand brakes, safety walkways, railings, or other safety appliances.  For 
welded roof containers, the welded roof shall be a minimum of 14 gauge corrosion resistant steel sheet, full 
welded and weather tight.  Containers with welded roof must have a fire port welded in top side on driver's side. 
 
   (g) Door shall be one (1) piece construction.  Liquids present in the loads to be hauled are 
considered to be a CONTAMINATED WASTE.  Therefore it is imperative to have a proven watertight seal system 
to keep liquids inside the container.  A proven design of a neoprene gasket shall be provided between the door 
and doorjamb mating face to guarantee a watertight seal so that no liquids from the waste material can leak out of 
the containers. Gasket membrane of durable material and easily replaceable.  Manufacturer shall provide design 
details, sample, and evidence of successful field usage to owner for approval. 
 
   (h) Bulkhead shall be designed to resist pressure from loading operations.  It shall have 
vertical structural stiffeners, welded to the bulkhead sheet to resist pressure from loading operations. 
 
 19. WATERTIGHT – INTERMODAL CONTAINERS. 
 
   (a) Every container must be fully welded on all floor and side wall joints and seams on the 
inside. 
 
   (b) The container shall be watertight welded and prior to use in Service be tested under strict 
quality control procedures. 
 
   (c) Every container must be filled with a minimum of 20" of water for MSW Containers, and 
filled to the top for sludge containers, and let stand for a minimum of thirty (30) minutes and inspected for 
watertight integrity.  This process, if necessary, must be repeated until the container is inspected and found to 
have no leaks.  The door gasket must be inspected thoroughly during this procedure.  Prior to use in Service, a 
water test certificate shall be provided for each container stating the water test procedure and signed by the 
quality control manager and plant manager. 
 
 20. VERTICAL LIFTING FROM THE TOP – INTERMODAL CONTAINERS. 
 
   (a) Each and every container casting and corner post weldment assembly must have been 
tested and certified by the manufacturer that it has been tested to meet AAR, CSC, ABS requirements to assure 
casting structural capacity. 
 
 21. PREPARATION, BLASTING AND PAINTING – INTERMODAL CONTAINERS. 
 

TARIFF NS 6306-A

RULES AND REGULATIONS FOR HAZARDOUS MATERIALS AND RELATED ARTICLES

(c) _ Sidewall design must have smooth interior walls. Alll side posts shall be full welded to
side sheets. Bottom of side sheet and bottom of formed tubes shall be full welded.

(4) __Allfour (4) comers shall have vertical structural welded tubing, between and supporting
the top and bottom comer castings. These tubes shall be designed structurally to meet stacking requirements for
stacking loaded containers.

(e) _ Aventing system shall be installed in the container to prevent implosion of the container
during unloading. Vents can be manually opened and closed, or, passive, always open. Containers will not be air
tight with passive venting system.

(f) Top of container may be welded roof or open top with acceptable cover, not including
tarp. If containers are tarped, tarpaulins or other types of coverings are used, the coverings must be of adequate
construction to resist tearing or other forms of degradation brought about by such things as, but not limited to,
wind, vibration, movement, and abrasion. Tarpaulins must provide a watertight seal over the containers which
prevents water from entering the container. Tarpaulins or other coverings must not be secured to or otherwise
‘obstruct ladders, handholds, grab irons, hand brakes, safety walkways, railings, or other safety appliances. For
welded roof containers, the welded roof shall be a minimum of 14 gauge corrosion resistant steel sheet, full
welded and weather tight. Containers with welded roof must have a fire port welded in top side on driver's side.

(a)___ Door shall be one (1) piece construction. Liquids present in the loads to be hauled are
considered to be a CONTAMINATED WASTE. Therefore it is imperative to have a proven watertight seal system
to keep liquids inside the container. A proven design of a neoprene gasket shall be provided between the door
‘and doorjamb mating face to guarantee a watertight seal so that no liquids from the waste material can leak out of
the containers. Gasket membrane of durable material and easily replaceable. Manufacturer shall provide design
details, sample, and evidence of successful field usage to owner for approval.

(h) Bulkhead shall be designed to resist pressure from loading operations. It shall have
vertical structural stiffeners, welded to the bulkhead sheet to resist pressure from loading operations.

19. WATERTIGHT ~ INTERMODAL CONTAINERS,

(a) Every container must be fully welded on all floor and side wall joints and seams on the
inside.

(b) The container shall be watertight welded and prior to use in Service be tested under strict
quality control procedures.

(©) Every container must be filled with a minimum of 20” of water for MSW Containers, and
filled to the top for sludge containers, and let stand for a minimum of thirty (30) minutes and inspected for
watertight integrity. This process, if necessary, must be repeated until the container is inspected and found to
have no leaks. The door gasket must be inspected thoroughly during this procedure. Prior to use in Service, a
water test certificate shall be provided for each container stating the water test procedure and signed by the
quality control manager and plant manager.

20. VERTICAL LIFTING FROM THE TOP — INTERMODAL CONTAINERS,

(2) Each and every container casting and comer post weldment assembly must have been
tested and certified by the manufacturer that it has been tested to meet AAR, CSC, ABS requirements to assure
casting structural capacity.

21 PREPARATION, BLASTING AND PAINTING — INTERMODAL CONTAINERS.

1"




TARIFF NS 6306-A 

RULES AND REGULATIONS FOR HAZARDOUS MATERIALS AND RELATED ARTICLES 

 

 

12 

   (a) PREPARATION:  Container shall be completely scraped and ground so that all sharp 
edges have been ground smooth.  All exterior and interior surfaces must be thoroughly cleaned. 
 
   (b) PAINT:  Container shall have had all exterior and interior surfaces primed with one (1) 
coat of rust inhibitive primer.  Exterior sides and roof shall have received one (1) coat of enamel. 
 
   (c) PAINT COLOR: To be selected by Customer. 

TARIFF NS 6306-A

RULES AND REGULATIONS FOR HAZARDOUS MATERIALS AND RELATED ARTICLES

(a) __ PREPARATION: Container shall be completely scraped and ground so that all sharp
‘edges have been ground smooth. All exterior and interior surfaces must be thoroughly cleaned

(b) __ PAINT: Container shall have had all exterior and interior surfaces primed with one (1)
coat of rust inhibitive primer. Exterior sides and roof shall have received one (1) coat of enamel.

(©) PAINT COLOR: To be selected by Customer.

12




TARIFF NS 6306-A 

RULES AND REGULATIONS FOR HAZARDOUS MATERIALS AND RELATED ARTICLES 

 

 

13 

 
 22. LABELING – INTERMODAL CONTAINERS. 
 

(a) Containers shall have letters and numerical decals 6" high to meet AAR requirement and 
installed on all four (4) sides, and two (2) on the roof.  Number sequence to be provided 
by Customer. 

 
   (b) Containers shall have AAR aluminum placard installed. 
 
   (c) Containers shall have CSC aluminum placard with CSC approval number installed. 
 
   (d) Containers shall have ABS aluminum placard installed. 
 
   (e) Containers shall have ABS decal installed. 
 
 23. MAINTENANCE CLEANING – INTERMODAL CONTAINERS. 
 
   (a) Customer shall be responsible for providing a strict preventative maintenance program on 
all containers. This shall include inspection of all welds, gaskets, binders and lids if applicable.  All deficiencies 
shall be noted and promptly repaired. 
 
   (b) When loading the container, the Customer must add a product such as N.C.M. 900 or SL 
1000 plus or better to control odor. 
 

 (c) Every container shall be cleaned after every unloading process to assure all waste 
material is removed.  Containers shall be washed inside and outside periodically to prevent build up of waste 
material that could cause odors and/or attract vermin or rodents. 

 
RULE 120 -- TRANSPORTATION OF PCBs 
 
 When a Shipper tenders NS a shipment of PCBs (See Rule 50 for description), the following shall apply: 
 
 1. LOADING AND UNLOADING. 
 
  (a)  Shipper shall have the sole responsibility, at its own expense, for properly packaging, 
labeling, marking, blocking, bracing, placarding, loading, and unloading the Commodity into and out of equipment 
to be transported.  Shipper shall comply with the loading rules of the Association of American Railroads and 
applicable federal and state loading rules or other loading rules as modified to meet the needs of Shipper subject 
to approval of NS’ Environmental Protection Department as well as applicable federal and state requirements 
regarding the handling of the Commodity.  
 
  (b) Shipper shall further be responsible for insuring that the load limits of any equipment 
used for transporting the Commodity under this Offering are not exceeded.  In the event it is discovered that 
equipment has been overloaded, NS may set out such equipment at a location convenient to NS and shall notify 
Shipper by telephone, confirmed in writing, of the location of the overloaded equipment.  NS, may either (1) 
contact Shipper in which event Shipper shall have 48 hours to remove excess weight; or (2) move the overloaded 
equipment back to Origin for removal of the excess weight.  In any event, Shipper shall be responsible for 
performing and bearing all costs for the movement of the overloaded railcar and removal of excess weight.  NS 
will move the affected equipment to Destination in such manner and time as is practicable after NS receives 
notice from Shipper that excess weight has been removed. 
  (c) With regard to Shipper owned or leased equipment Shipper shall be responsible for 
loading and unloading of all equipment and for inspecting all equipment after unloading the Commodity therefrom.  
Shipper shall be responsible for ensuring exterior of equipment is free of any Commodity upon completion of 
loading and unloading as well as any adjacent or vicinity property at the Origin loading location, and/or any 

TARIFF NS 6306-A

RULES AND REGULATIONS FOR HAZARDOUS MATERIALS AND RELATED ARTICLES

22 LABELING — INTERMODAL CONTAINERS.

(a) Containers shall have letters and numerical decals 6” high to meet AAR requirement and
installed on all four (4) sides, and two (2) on the roof. Number sequence to be provided
by Customer.

(6) Containers shall have AAR aluminum placard installed.

(©) Containers shall have CSC aluminum placard with CSC approval number installed.

(4) Containers shall have ABS aluminum placard installed.

(e) Containers shall have ABS decal installed

23. MAINTENANCE CLEANING — INTERMODAL CONTAINERS.
(a) Customer shall be responsible for providing a strict preventative maintenance program on
all containers. This shall include inspection of all welds, gaskets, binders and lids if applicable. All deficiencies.
shall be noted and promptly repaired.

(b) When loading the container, the Customer must add a product such as N.C.M. 900 or SL
1000 plus or better to control odor.

(c) _ Every container shall be cleaned after every unloading process to assure all waste
material is removed. Containers shall be washed inside and outside periodically to prevent build up of waste
material that could cause odors and/or attract vermin or rodents.

RULE 120 ~- TRANSPORTATION OF PCBs
When a Shipper tenders NS a shipment of PCBs (See Rule 50 for description), the following shall apply:
1 LOADING AND UNLOADING.

(a) Shipper shall have the sole responsibility, at its own expense, for properly packaging,
labeling, marking, blocking, bracing, placarding, loading, and unloading the Commodity into and out of equipment
to be transported. Shipper shall comply with the loading rules of the Association of American Railroads and
applicable federal and state loading rules or other loading rules as modified to meet the needs of Shipper subject
to approval of NS' Environmental Protection Department as well as applicable federal and state requirements
regarding the handling of the Commodity.

(b) Shipper shall further be responsible for insuring that the load limits of any equipment
Used for transporting the Commodity under this Offering are not exceeded. In the event itis discovered that
‘equipment has been overloaded, NS may set out such equipment at a location convenient to NS and shall notify
Shipper by telephone, confirmed in writing, of the location of the overloaded equipment. NS, may either (1)
‘contact Shipper in which event Shipper shall have 48 hours to remove excess weight; or (2) move the overloaded
‘equipment back to Origin for removal of the excess weight. In any event, Shipper shall be responsible for
performing and bearing all costs for the movement of the overloaded railcar and removal of excess weight. NS
will move the affected equipment to Destination in such manner and time as is practicable after NS receives
notice from Shipper that excess weight has been removed.

(c) With regard to Shipper owned or leased equipment Shipper shall be responsible for
loading and unloading of all equipment and for inspecting all equipment after unloading the Commodity therefrom.
Shipper shall be responsible for ensuring exterior of equipment is free of any Commodity upon completion of
loading and unloading as well as any adjacent or vicinity property at the Origin loading location, and/or any

13




TARIFF NS 6306-A 

RULES AND REGULATIONS FOR HAZARDOUS MATERIALS AND RELATED ARTICLES 

 

 

14 

location en route where such Commodity has been loaded and/or unloaded in accordance with applicable 
requirements of federal, state and local laws and regulations including, without limitation, DOT regulations at 49 
C.F.R. Section 174.57.  Shipper shall have the right to arrange for such responsibilities to be carried out by third 
parties; PROVIDED HOWEVER, that Shipper shall remain obligated to NS under the provisions contained in this 
Rule in such cases. 
 
  (d) Notwithstanding the provisions of the following INDEMNIFICATION paragraph, Shipper 
shall indemnify and hold harmless NS or the actual owners of equipment used for this transportation from and 
against any and all liability for loss or damage (including but not limited to loss or damage to personal property, 
personal injury and/or death, attorney’s fees arising therefrom, or special and consequential damages) resulting 
from future use of equipment to the extent such loss, damage, personal injury or death resulted from Shipper’s 
failure or negligence in inspecting and/or decontaminating equipment prior to release to NS. 
 
 2. DISPOSITION OF COMMODITY. 
 
  (a) Shipper warrants that it has arranged for disposition of the Commodity in accordance with 
all applicable laws, including, but not limited to, the Comprehensive Environmental Response, Compensation and 
Liability Act of 1980 (CERCLA), as amended; the Resources Conservation Recovery Act (RCRA), as amended, 
the Hazardous Materials Transportation Act (HMTA), and the Toxic Substances Control Act, as amended and 
regulations issued under such Federal laws and comparable state statutes (“Laws”). 
 
  (b) Shipper warrants that the facility it has selected for disposition of the Commodity is a 
permitted waste disposal facility under all applicable Laws.  It is understood that Shipper, in its sole discretion, has 
selected the facility. 
 
 3. DOCUMENTATION OF COMMODITY. 
 
 Only the Commodity described at the beginning of this Rule shall be offered for transport and be 
transported.  Shipper shall prepare all required shipping documents under applicable laws and further warrants 
that all shipments of Commodity shall be properly marked, labeled and placarded in compliance with applicable 
federal, state and local laws and regulations.  Where applicable, the Commodity shall also be accompanied by 
hazardous waste manifests as required by applicable federal, state and local laws and regulations.  In particular, 
but without limiting the generality of the foregoing, the following federal hazardous waste manifest, recordkeeping 
and reporting requirements shall apply: 
 
  (a) 40 C.F.R. Part 262 Subparts B and D, to be the obligation of Shipper; 
 
  (b) 40 C.F.R. Part 263 Part B, to be the obligations of NS, as its interests may appear; 
 
  (c) 40 C.F.R. 264 Subpart E or Part 265 Subpart E, as the case may be, to be the obligation 
of Shipper; 
 
  (d) 49 C.F.R. S. 172.205, to be the obligations of Shipper, or NS, as their respective interests 
may appear; and 
 
  (e) 49 C.F.R. Part 174, to be the obligations of Shipper or NS, as their respective interests 
may appear; and 
 
  (f) With regard to polychlorinated biphenyls (PCBs), 40 C.F.R. Part 761 Subparts C, J and K 
to be the obligation of Shipper or NS as their respective interests may appear. 
 

TARIFF NS 6306-A

RULES AND REGULATIONS FOR HAZARDOUS MATERIALS AND RELATED ARTICLES

location en route where such Commodity has been loaded and/or unloaded in accordance with applicable
requirements of federal, state and local laws and regulations including, without limitation, DOT regulations at 49
C.F.R. Section 174.57. Shipper shall have the right to arrange for such responsibilities to be carried out by third
parties; PROVIDED HOWEVER, that Shipper shall remain obligated to NS under the provisions contained in this
Rule in such cases.

(4) Notwithstanding the provisions of the following INDEMNIFICATION paragraph, Shipper
shall indemnify and hold harmless NS or the actual owners of equipment used for this transportation from and
against any and all liability for loss or damage (including but not limited to loss or damage to personal property,
personal injury and/or death, attorney's fees arising therefrom, or special and consequential damages) resulting
from future use of equipment to the extent such loss, damage, personal injury or death resulted from Shipper’s
failure or negligence in inspecting and/or decontaminating equipment prior to release to NS.

2. DISPOSITION OF COMMODITY.

(a)___ Shipper warrants that it has arranged for disposition of the Commodity in accordance with
all applicable laws, including, but not limited to, the Comprehensive Environmental Response, Compensation and
Liability Act of 1980 (CERCLA), as amended; the Resources Conservation Recovery Act (RCRA), as amended,
the Hazardous Materials Transportation Act (MTA), and the Toxic Substances Control Act, as amended and
regulations issued under such Federal laws and comparable state statutes ("Laws’).

(b) Shipper warrants that the facility it has selected for disposition of the Commodity is a
permitted waste disposal facility under all applicable Laws. It is understood that Shipper, in its sole discr
selected the facility.

has

3. DOCUMENTATION OF COMMODITY.

Only the Commodity described at the beginning of this Rule shall be offered for transport and be
transported. Shipper shall prepare all required shipping documents under applicable laws and further warrants
that all shipments of Commodity shall be properly marked, labeled and placarded in compliance with applicable
federal, state and local laws and regulations. Where applicable, the Commodity shall also be accompanied by
hazardous waste manifests as required by applicable federal, state and local laws and regulations. In particular,
but without limiting the generality of the foregoing, the following federal hazardous waste manifest, recordkeeping
and reporting requirements shall apply:

(a) 40 C.F.R. Part 262 Subparts B and D, to be the obligation of Shipper;
(b) 40. C.F.R. Part 263 Part B, to be the obligations of NS, as its interests may appear;

(©) 40 C.F.R. 264 Subpart E or Part 265 Subpart E, as the case may be, to be the obligation
of Shipper,

(4) 49. C.F.R. S. 172.208, to be the obligations of Shipper, or NS, as their respective interests
may appear; and

(ce) 49.C.F.R. Part 174, to be the obligations of Shipper or NS, as their respective interests
may appear; and

(f) With regard to polychlorinated biphenyls (PCBs), 40 C.F.R. Part 761 Subparts C, J and K
to be the obligation of Shipper or NS as their respective interests may appear.

14




TARIFF NS 6306-A 

RULES AND REGULATIONS FOR HAZARDOUS MATERIALS AND RELATED ARTICLES 

 

 

15 

 In addition to manifests and other documentation, with each request for transportation services, Shipper 
shall provide NS with accurate and descriptive chemical and physical data on the character of the Commodity to 
be transported prior to actual shipment. 
 
 4. NONCONFORMING WASTE. 
 
 Customer shall not store, load or unload Commodity or Nonconforming Waste on NS property.  Any 
waste commodity tendered to NS under this Offering which is refused at Destination as not conforming to the 
description on the manifest or other shipping documents (“Nonconforming Waste”) shall be returned to Origin at 
the same rate as the inbound shipment and subject to all other provisions of this Rule. 
 
 5. INCIDENTS AND CREDITS. 
 
 In the event of a spill, leak, discharge or other release (“Release”) of Commodity (“Released Commodity”) 
as defined by applicable Laws during transportation: 
 
  (a) NS will make appropriate notification of the Release and will take appropriate immediate 
action to protect human health and the environment, as determined by NS. 
 
  (b)  Shipper shall be “generator” of the Commodity, of any Released Commodity, and of any 
materials contaminated by Released Commodity, as "generator" is defined in applicable Laws.  Under no 
circumstances whatsoever shall NS be, or be designated, a “generator” of these substances.  
 
  (c)  Shipper or its agent shall select a permitted disposal facility and make all arrangements 
for disposition at such disposal facility of any Commodity, Released Commodity, or material contaminated by 
Released Commodity which are removed from the site of the Release. 
 
  (d) Shipper or its agent shall make all arrangements for transportation and shall sign all 
manifests necessary to transport to a permitted disposal facility any Commodity, Released Commodity, or 
materials contaminated by Released Commodity which are removed from the site of the Release.   
Should NS be requested to transport such material such transportation shall be subject to the provisions of this 
Rule. 
 
  (e) In any such incident where the expenses of cleanup are the obligation of Railroad under 
the terms of this Rule, Shipper shall, upon request of NS and to the extent it is authorized by law and regulation: 
 
   (1) accept for disposal waste being disposed of by NS as a result of the cleanup 
(NS’ Cleanup Waste), subject to the parties’ mutual agreement on the cost of disposal for additional Waste 
beyond the original Waste, which agreement shall not be unreasonably withheld; 
 
   (2) credit against NS’ disposal costs for NS’ Cleanup Waste any monies already 
collectible by Shipper from other parties for the original disposal of the Waste involved in the incident. 
 
  (f) In any such incident where the expenses of cleanup are the obligation of Shipper under 
the terms of this Rule, NS shall, upon request of Shipper and to the extent it is authorized by law and regulation: 
 
   (1) transport waste being disposed of by Shipper as a result of the cleanup 
(“Customer’s Cleanup Waste”); and 
 
   (2) credit against Shipper’s transportation costs for Customer’s Cleanup Waste any 
monies already payable by Shipper to NS for the original transportation of the Waste involved in the incident. 
 

TARIFF NS 6306-A

RULES AND REGULATIONS FOR HAZARDOUS MATERIALS AND RELATED ARTICLES

In addition to manifests and other documentation, with each request for transportation services, Shipper
shall provide NS with accurate and descriptive chemical and physical data on the character of the Commodity to
be transported prior to actual shipment.

4. NONCONFORMING WASTE.

Customer shall not store, load or unload Commodity or Nonconforming Waste on NS property. Any
waste commodity tendered to NS under this Offering which is refused at Destination as not conforming to the
description on the manifest or other shipping documents ("Nonconforming Waste") shall be returned to Origin at
the same rate as the inbound shipment and subject to all other provisions of this Rule.

5. _ INCIDENTS AND CREDITS.

In the event of a spill, leak, discharge or other release (“Release”) of Commodity (‘Released Commodity")
as defined by applicable Laws during transportation:

(a) NS will make appropriate notification of the Release and will take appropriate immediate
action to protect human health and the environment, as determined by NS.

(b) Shipper shall be “generator’ of the Commodity, of any Released Commodity, and of any
materials contaminated by Released Commodity, as "generator" is defined in applicable Laws. Under no
circumstances whatsoever shall NS be, or be designated, a “generator” of these substances.

(c) __ Shipper or its agent shall select a permitted disposal facility and make all arrangements
for disposition at such disposal facility of any Commodity, Released Commodity, or material contaminated by
Released Commodity which are removed from the site of the Release.

(4) Shipper or its agent shall make all arrangements for transportation and shall sign all
ssts necessary to transport to a pemitted disposal facility any Commodity, Released Commodity, or
materials contaminated by Released Commodity which are removed from the site of the Release.

Should NS be requested to transport such material such transportation shall be subject to the provisions of this
Rule.

(e) _ Inany such incident where the expenses of cleanup are the obligation of Railroad under
the terms of this Rule, Shipper shall, upon request of NS and to the extent it is authorized by law and regulation:

(1) accept for disposal waste being disposed of by NS as a result of the cleanup
(NS' Cleanup Waste), subject to the parties’ mutual agreement on the cost of disposal for additional Waste
beyond the original Waste, which agreement shall not be unreasonably withheld;

(2) credit against NS' disposal costs for NS’ Cleanup Waste any monies already
collectible by Shipper from other parties for the original disposal of the Waste involved in the incident.

(f) __ Inany such incident where the expenses of cleanup are the obligation of Shipper under
the terms of this Rule, NS shall, upon request of Shipper and to the extent it is authorized by law and regulation:

(1) __ transport waste being disposed of by Shipper as a result of the cleanup
(‘Customer's Cleanup Waste"); and

(2) credit against Shipper's transportation costs for Customer's Cleanup Waste any
's already payable by Shipper to NS for the original transportation of the Waste involved in the incident.

15




TARIFF NS 6306-A 

RULES AND REGULATIONS FOR HAZARDOUS MATERIALS AND RELATED ARTICLES 

 

 

16 

 6. INSURANCE. 

 
  (a) Shipper agrees to keep in force either commercial or comprehensive general liability 
insurance with minimum policy limits not less than $15 million combined single limit per occurrence for bodily 
injury and property damage.  Such policy shall be endorsed to cover the liability assumed under this Rule, and 
shall not deny coverage for operations conducted within fifty (50) feet of any railroad hazard.  Shipper agrees to 
have its insurance policies covering its handling and storage of product to be contractually endorsed to relate to 
the indemnification provisions of this Rule. 
 
  (b) Shipper shall name NS as an additional insured under all such policies and shall furnish 
evidence certifying the existence of such insurance prior to NS' performance of transportation hereunder.  Said 
evidence of insurance shall contain a provision to the effect that thirty (30) days' advance written notice will be 
given to NS of any material change in, or cancellation of, such insurance by the insurance carrier. 

 
(c) NS and Shipper agree that the coverages and limits set forth herein and provided for by 

Shipper's insurance in no way limits its liability under the terms of this Rule. 
 

RULE 140 -- CONTAMINATED SOIL  (See Rule 50) 
 
 When a Shipper tenders NS a shipment of soil, which is contaminated with hazardous and non-hazardous 
waste products and associated debris, or solid waste (Waste Products), as more particularly described below, the 
following conditions shall apply: 
 
 1. DEFINITION OF WASTE PRODUCTS. 
 
  (a) NON-REGULATED MATERIAL -- Wastes that do not meet the definition of any DOT 
hazard class will be shipped as non-regulated material.  These wastes will not meet the EPA definitions of 
hazardous waste, or hazardous substances and will have a specific activity of less than 2000 pCi/g.  STCC:40-
291-01 
 

  (b) HAZARD CLASS 9, ENVIRONMENTALLY HAZARDOUS SUBSTANCE – Wastes that 
are regulated by the DOT solely because they contain a reportable quantity of material and limited qualities of 
radioactive material, that also contain a reportable quantity of material will be classed as environmentally 
hazardous substances.  The wastes will not meet the STCC 49-601-97 which converts to 40-291-06. 
 
  (c) HAZARD CLASS 7, RADIOACTIVE MATERIAL – Wastes that are not identified as an 
EPA hazardous waste and that contain radioactivity at concentrations in excess of 2000 pCi/gm will be shipped as 
limited quantity material, Hazard Class 7.  UN 2910; UN 2912 
STCC 49-291-27 which converts to 28-197-11 
STCC 49-291-33 which converts to 28-197-11 

 
 2. INTERMODAL TRAFFIC.   
 
 In the event the shipment of hazardous waste products classified as hazardous under the then applicable 
regulations of the U.S. Department of Transportation involves trailer on flat car or container on flat car equipment, 
a permit for transportation of hazardous waste products must first be secured from Vice President - Operations, 
Intermodal Transportation Services, Norfolk Southern Railway Company, Three Commercial Place, Norfolk, VA.  
Intermodal shipments can only be transported in trailer and container equipment owned or leased by Shipper.  
Unless NS agrees to subcontract for these services, Shipper shall make its own drayage arrangements for 
intermodal shipments moving under this Offering.  Shipper guarantees the performance of the motor carrier(s) 
used in any associated drayage service and shall indemnify NS for any liability to the extent arising out of any 

TARIFF NS 6306-A

RULES AND REGULATIONS FOR HAZARDOUS MATERIALS AND RELATED ARTICLES

6. INSURANCE.

(a) _ Shipper agrees to keep in force either commercial or comprehensive general liability
insurance with minimum policy limits not less than $15 million combined single limit per occurrence for bodily
injury and property damage. Such policy shall be endorsed to cover the liability assumed under this Rule, and
shall not deny coverage for operations conducted within fifty (50) feet of any railroad hazard. Shipper agrees to
have its insurance policies covering its handling and storage of product to be contractually endorsed to relate to
the indemnification provisions of this Rule.

(b) Shipper shall name NS as an additional insured under all such policies and shall furnish
‘evidence certifying the existence of such insurance prior to NS" performance of transportation hereunder. Said
‘evidence of insurance shall contain a provision to the effect that thirty (30) days’ advance written notice will be
given to NS of any material change in, or cancellation of, such insurance by the insurance carrier.

(c) NS and Shipper agree that the coverages and limits set forth herein and provided for by
Shippers insurance in no way limits its liability under the terms of this Rule.

RULE 140 ~ CONTAMINATED SOIL (See Rule 50)

When a Shipper tenders NS a shipment of soil, which is contaminated with hazardous and non-hazardous
waste products and associated debris, or solid waste (Waste Products), as more particularly described below, the
following conditions shall apply:

1 DEFINITION OF WASTE PRODUCTS.

(a) NON-REGULATED MATERIAL — Wastes that do not meet the definition of any DOT
hazard class will be shipped as non-regulated material. These wastes will not meet the EPA definitions of
hazardous waste, or hazardous substances and will have a specific activity of less than 2000 pCilg. STCC:40-
291-01

(b) __ HAZARD CLASS 9, ENVIRONMENTALLY HAZARDOUS SUBSTANCE — Wastes that
are regulated by the DOT solely because they contain a reportable quantity of material and limited qualities of
radioactive material, that also contain a reportable quantity of material will be classed as environmentally
hazardous substances. The wastes will not meet the STCC 49-601-97 which converts to 40-291-06.

(c) HAZARD CLASS 7, RADIOACTIVE MATERIAL ~ Wastes that are not identified as an
EPA hazardous waste and that contain radioactivity at concentrations in excess of 2000 pCi/gm will be shipped as
limited quantity material, Hazard Class 7. UN 2910; UN 2912
STCC 49-291-27 which converts to 28-197-11
STCC 49-291-33 which converts to 28-197-11

2. INTERMODAL TRAFFIC.

In the event the shipment of hazardous waste products classified as hazardous under the then applicable
regulations of the U.S. Department of Transportation involves trailer on flat car or container on flat car equipment,
‘a permit for transportation of hazardous waste products must first be secured from Vice President - Operations,
Intermodal Transportation Services, Norfolk Southern Railway Company, Three Commercial Place, Norfolk, VA.
Intermodal shipments can only be transported in trailer and container equipment owned or leased by Shipper.
Unless NS agrees to subcontract for these services, Shipper shall make its own drayage arrangements for
intermodal shipments moving under this Offering. Shipper guarantees the performance of the motor carrier(s)
used in any associated drayage service and shall indemnify NS for any liability to the extent arising out of any

16




TARIFF NS 6306-A 

RULES AND REGULATIONS FOR HAZARDOUS MATERIALS AND RELATED ARTICLES 

 

 

17 

motor carrier's act or omission, or violation of any law or regulation, which results in a release onto NS or adjacent 
property of any Waste Products that are being transported. 
 
 3. ACCEPTANCE AND TENDER OF SHIPMENTS 
 
 Shipper agrees that it will tender to NS Waste Products as identified on hazardous waste manifests or 
modified waybills or other similar documents from time to time given by Shipper to NS for purposes of 
transportation service from Origins to Destinations.  NS agrees to accept such shipments if tendered in 
accordance with the terms of this Rule and the law.  At all times during transportation service, Shipper or 
Shipper's principal will retain title to and ownership of the Waste Product as between Shipper and NS. 
 
 4. DOCUMENTATION OF WASTES. 
 
 Each Waste Product shipment shall be tendered to NS under standard Uniform Bill of Lading and 
accompanied by all required shipping documents and shall be properly marked, labeled and placarded as 
required by applicable federal, state and local laws and regulations.  Any hazardous waste product shall also be 
accompanied by hazardous waste manifests or modified waybills as required by applicable federal, state and 
local laws and regulations.  In particular, but without limiting the generality of the foregoing, the following federal 
hazardous waste manifest, record keeping and reporting requirements now in effect or as may be amended shall 
apply: 
 
  (a)  40 C.F.R. Part 262, Subparts B and D, to be the obligation of Shipper; 
 
  (b)  40 C.F.R. Part 263, Subpart B, to be the obligation of the NS, as its interests may appear; 
 
  (c)  40 C.F.R. Part 264, Subpart E or Part 265, Subpart E, as the case may be, to be the 
obligation of Shipper; 
 
 
  (d)  49 C.F.R. §172.205, to be the obligation of Shipper or NS, as their respective interests 
may appear; 
 
  (e)  49 C.F.R. Part 174, to be the obligation of Shipper or NS, as their respective interests 
may appear; and 
 
  (f)  To the extent not excluded, and to the extent applicable, with regard to polychlorinated 
biphenyls (PCBs), 40 C.F.R. Part 761, Subparts C and J, to be the obligation of Shipper. 
 
 5. SELECTION OF FACILITIES AND SITES 
 
  (a)  Shipper and/or its Principal shall select the treatment/storage or disposal facilities to 
which shipments of Waste Products are to be transported (hereinafter referred to as "Designated Facilities"). 
 
  (b)  If Shipper is the owner and/or operator of the Designated Facility, Shipper warrants that it 
has and will maintain in effect all applicable federal, state or local permits and licenses required to operate said 
Designated Facility and that, when delivery is to a Designated Facility not owned or operated by Shipper, Shipper 
will warrant that it has selected such Designated Facility based on the fact that it has in effect all applicable 
federal, state or local permits and licenses required for operation. 

TARIFF NS 6306-A

RULES AND REGULATIONS FOR HAZARDOUS MATERIALS AND RELATED ARTICLES

motor carrier's act or omission, or violation of any law or regulation, which results in a release onto NS or adjacent
property of any Waste Products that are being transported.

3. ACCEPTANCE AND TENDER OF SHIPMENTS

Shipper agrees that it will tender to NS Waste Products as identified on hazardous waste manifests or
modified waybills or other similar documents from time to time given by Shipper to NS for purposes of
transportation service from Origins to Destinations. NS agrees to accept such shipments if tendered in
accordance with the terms of this Rule and the law. At all times during transportation service, Shipper or
Shipper’s principal will retain title to and ownership of the Waste Product as between Shipper and NS.

4. DOCUMENTATION OF WASTES,

Each Waste Product shipment shall be tendered to NS under standard Uniform Bill of Lading and
accompanied by all required shipping documents and shall be properly marked, labeled and placarded as
required by applicable federal, state and local laws and regulations. Any hazardous waste product shall also be
‘accompanied by hazardous waste manifests or modified waybills as required by applicable federal, state and
local laws and regulations. In particular, but without limiting the generality of the foregoing, the following federal
hazardous waste manifest, record keeping and reporting requirements now in effect or as may be amended shall

apply:
(a) 40.C.F.R. Part 262, Subparts B and D, to be the obligation of Shipper;
(b) 40. C.F.R. Part 263, Subpart B, to be the obligation of the NS, as its interests may appear,

(c) 40 C.F.R. Part 264, Subpart E or Part 265, Subpart E, as the case may be, to be the
obligation of Shipper;

(4) 49. C.F.R. §172.205, to be the obligation of Shipper or NS, as their respective interests
may appear,

(ce) 49C.F.R. Part 174, to be the obligation of Shipper or NS, as their respective interests
may appear, and

(f) _ To the extent not excluded, and to the extent applicable, with regard to polychlorinated
biphenyls (PCBs), 40 C.F.R. Part 761, Subparts C and J, to be the obligation of Shipper.

5. SELECTION OF FACILITIES AND SITES

(a) __ Shipper and/or its Principal shall select the treatment/storage or disposal facilities to
which shipments of Waste Products are to be transported (hereinafter referred to as "Designated Facilities").

(b) __ If Shipper is the owner and/or operator of the Designated Facility, Shipper warrants that it
has and will maintain in effect all applicable federal, state or local permits and licenses required to operate said
Designated Facility and that, when delivery is to a Designated Facility not owned or operated by Shipper, Shipper
will warrant that it has selected such Designated Facility based on the fact that it has in effect all applicable
federal, state or local permits and licenses required for operation

7




TARIFF NS 6306-A 

RULES AND REGULATIONS FOR HAZARDOUS MATERIALS AND RELATED ARTICLES 

 

 

18 

 
 6. STORAGE OF SHIPPER'S WASTE PRODUCTS. 
 
 It is understood that there will be no storage of hazardous waste products shipments on NS.  It is 
further understood that NS is not in the business of storing hazardous waste on its property and has no EPA or 
state hazardous waste storage permit to do so. 
 
 7. EQUIPMENT -  If customer loads and ships waste products as described in this Contract in 
equipment or in a manner which Railroad, in its sole discretion, deems to be inadequate, railroad may terminate 
this contract immediately upon written notice. 
 
  (a)  NS will provide the services and personnel necessary to perform transportation service 
hereunder.  No equipment can be used unless it has been specifically authorized by NS. 
 
  (b)  If applicable, all private Rail Equipment owned or leased by Shipper shall be in 
serviceable and interchangeable condition for the safe transport of product over rail lines as well as meet the 
requirements set forth by the Association of American Railroads. 
 
 (c) All equipment used to transport Waste Products shall comply with all applicable federal, 
state and local laws, rules, regulations, permits and licenses, provided that compliance therewith shall in no way 
relieve any party from any liabilities otherwise assumed.  It shall be the responsibility of the party providing the 
equipment in any case to assure such compliance. 

 
(d)  Shipper agrees, notwithstanding any other provision of this rule, to release NS from, and, 

indemnify NS for, any damage to equipment incurred in normal railroad operations.  Shipper also agrees to 
indemnify and hold harmless NS for any and all loss, liability claims, fees or costs arising from, related to, or 
associated with such equipment failure and subsequent cleanup. 

  
 8. LOADING AND UNLOADING AND DECONTAMINATION. 
 
  (a)  Shipper shall have the sole responsibility, at its own expense, for properly packaging, 
labeling, marking, blocking, bracing, placarding, loading, and unloading Waste Products into or out of rail 
equipment to be transported in accordance with all applicable DOT regulations. In addition to any special 
equipment and loading restrictions imposed by NS, Shipper shall comply with the loading rules of the Association 
of American Railroads, applicable federal and state loading rules, as well as applicable federal and state 
requirements regarding the handling of hazardous waste product.  Transportation of Waste Products shall be 
performed in a dedicated fleet.  All discharge openings must be securely closed for and during transportation, and 
the equipment and transport vehicles must be free from leaks.  All trailers and containers will be protected during 
shipments of hazardous or non hazardous waste products by a lining of suitable compatible material of sufficient 
thickness to contain the Waste Products being shipped, and there will be no double stacking of drums in trailers 
or containers.  Double stacking of tri-wall palletized boxes containing only solid material (debris and rags) and no 
free liquids that have been loaded and restrained in trailers or containers in accordance with the Association of 
American Railroads' Bureau of Explosive Pamphlet 6C are allowed.  
 
  (b) Shipper shall further be responsible for ensuring that the load limits of cars used for 
transporting Waste Products are not exceeded.  In the event it is discovered that equipment has been overloaded, 
NS may set out such equipment at a location convenient to NS and shall notify Shipper by telephone of the 
location of the overloaded equipment.  NS, subject to applicable regulatory requirements, may at its sole 
discretion elect to move the overloaded equipment back to origin, on to destination, or to an alternate location off 
NS property for purposes of Shipper's removal of excess lading.  Such movements shall be accomplished under 
provisions of any special restrictions, including special train service, deemed necessary by NS for safe 
transportation.  In any event, Shipper shall be solely responsible for performing and bearing all costs for 

TARIFF NS 6306-A

RULES AND REGULATIONS FOR HAZARDOUS MATERIALS AND RELATED ARTICLES

6. STORAGE OF SHIPPER'S WASTE PRODUCTS.

Itis understood that there will be no storage of hazardous waste products shipments on NS. It is
further understood that NS is not in the business of storing hazardous waste on its property and has no EPA or
state hazardous waste storage permit to do so.

7. _ EQUIPMENT - If customer loads and ships waste products as described in this Contract in
‘equipment or in a manner which Railroad, in its sole discretion, deems to be inadequate, railroad may terminate
this contract immediately upon written notice.

(2) NSwill provide the services and personnel necessary to perform transportation service
hereunder. No equipment can be used unless it has been specifically authorized by NS.

(b) If applicable, all private Rail Equipment owned or leased by Shipper shall be in
serviceable and interchangeable condition for the safe transport of product over rail lines as well as meet the
requirements set forth by the Association of American Railroads.

(c) All equipment used to transport Waste Products shall comply with all applicable federal,
state and local laws, rules, regulations, permits and licenses, provided that compliance therewith shall in no way
relieve any party from any liabilities otherwise assumed. It shall be the responsibility of the party providing the
‘equipment in any case to assure such compliance.

(4) Shipper agrees, notwithstanding any other provision of this rule, to release NS from, and,
indemnify NS for, any damage to equipment incurred in normal railroad operations. Shipper also agrees to
indemnify and hold harmless NS for any and all loss, liability claims, fees or costs arising from, related to, or
associated with such equipment failure and subsequent cleanup.

8. LOADING AND UNLOADING AND DECONTAMINATION

(2) Shipper shall have the sole responsibility, at its own expense, for properly packaging,
labeling, marking, blocking, bracing, placarding, loading, and unloading Waste Products into or out of rail
‘equipment to be transported in accordance with all applicable DOT regulations. In addition to any special
‘equipment and loading restrictions imposed by NS, Shipper shall comply with the loading rules of the Association
‘of American Railroads, applicable federal and state loading rules, as well as applicable federal and state
requirements regarding the handling of hazardous waste product. Transportation of Waste Products shall be
performed in a dedicated fleet. All discharge openings must be securely closed for and during transportation, and
the equipment and transport vehicles must be free from leaks. All trailers and containers will be protected during
shipments of hazardous or non hazardous waste products by a lining of suitable compatible material of sufficient
thickness to contain the Waste Products being shipped, and there will be no double stacking of drums in trailers
‘or containers. Double stacking of tri-wall palletized boxes containing only solid material (debris and rags) and no
free liquids that have been loaded and restrained in trailers or containers in accordance with the Association of
American Railroads’ Bureau of Explosive Pamphlet 6C are allowed.

(b) Shipper shall further be responsible for ensuring that the load limits of cars used for
transporting Waste Products are not exceeded. In the event it is discovered that equipment has been overloaded,
NS may set out such equipment at a location convenient to NS and shall notify Shipper by telephone of the
location of the overloaded equipment. NS, subject to applicable regulatory requirements, may at its sole
discretion elect to move the overloaded equipment back to origin, on to destination, or to an alternate location off
NS property for purposes of Shipper's removal of excess lading. Such movements shall be accomplished under
provisions of any special restrictions, including special train service, deemed necessary by NS for safe
transportation. In any event, Shipper shall be solely responsible for performing and bearing all costs for

18




TARIFF NS 6306-A 

RULES AND REGULATIONS FOR HAZARDOUS MATERIALS AND RELATED ARTICLES 

 

 

19 

movement of the overloaded rail car, including the cost of any special train service, and removal of excess weight.  
NS will move the affected equipment to Destination in such manner and time as is practicable after NS receives 
notice from Shipper that excess weight has been removed. 
 
  (c) After unloading at destination, in the event the equipment is contaminated by the waste, 
Shipper shall be responsible for ensuring that the receiver at its expense cleans, treats and decontaminates the 
equipment before its return to NS (or delivering Railroad) so that, when the rail equipment is released by receiver, 
it is completely unloaded and is not contaminated by any residue of the lading previously carried.  Return of the 
equipment to rail service constitutes certification by Shipper that the equipment is ready to return to and use in 
general freight service.  Shipper shall also be responsible for payment of additional transportation charges for NS 
to switch or move rail equipment to third parties or to other-than-Destination location, for cleaning and 
decontamination if necessary prior to release for subsequent movement. 
 
  (d) Shipper shall be responsible for cleaning and decontaminating any locations en route 
where such waste has been loaded and/or unloaded. Loading and unloading of waste into or from rail equipment 
on NS owned, leased or otherwise controlled property is prohibited except in emergency situations with NS' 
approval secured in advance of the loading or unloading. 
 
  (e) Shipper shall have the right to arrange for the responsibilities imposed on it by this Article 
and to be carried out by third parties, including its own customers and owners and operators of treatment, storage 
or disposal facilities designated by Shipper; PROVIDED, HOWEVER, that Shipper shall remain obligated to NS 
under its obligations in this Rule in such cases as if Shipper had done the work itself. 
 
 9. DELIVERY TO DESIGNATED FACILITY. 
 
  (a)  Where the Destination facility designated by Shipper on the applicable manifest or other 
similar document is served by NS, NS will be responsible for delivery of the rail equipment containing the Product 
to the Destination facility.   
 
  (b) In the event hazardous waste products are delivered by NS to a Destination facility 
served by NS and Shipper subsequently determines that such Waste Products do not conform to the description 
of the Waste Products on the manifest or similar document accompanying such shipment, such Waste Products 
shall be considered to be "Nonconforming Waste Products."  Should Shipper wish to return or reroute said 
Nonconforming Waste Products, the transportation particulars of such shipments shall be negotiated by the 
parties and shall be otherwise subject to this Rule. In the event of a dispute as to the applicable rate, the currently 
published rate shall apply to this movement.  
 
 
 10. INCIDENTS AND CREDITS. 
 
  (a)  In the event an incident during transportation over NS' lines results in a "hazardous waste 
discharge" (as that phrase is defined in 49 C.F.R. §271.16(a)), or "release" of a "hazardous substance" in 
"reportable quantities" (as those terms are defined by CERCLA, any regulations promulgated pursuant thereto, 
and Section 311 of the Clean Water Act), NS shall notify Shipper as soon as practicable and undertake initial 
containment and cleanup, with ultimate responsibility for cleanup costs to be borne by the parties as provided in 
this Offering.  Shipper hereby agrees, upon request of NS, to cooperate fully to the extent reasonably necessary 
to abate or eliminate any hazard in an expeditious and prudent manner, including undertaking supervision and 
management of cleanup and disposal of spilled waste materials and any contamination to the environment 
resulting therefrom. 
 
  (b)  NS will notify proper federal and state authorities of any spill incidents known to have 
occurred on NS property after acceptance of a given shipment for transportation.  

TARIFF NS 6306-A

RULES AND REGULATIONS FOR HAZARDOUS MATERIALS AND RELATED ARTICLES

movement of the overloaded rail car, including the cost of any special train service, and removal of excess weight.
NS will move the affected equipment to Destination in such manner and time as is practicable after NS receives
notice from Shipper that excess weight has been removed

(c) After unloading at destination, in the event the equipment is contaminated by the waste,
Shipper shall be responsible for ensuring that the receiver at its expense cleans, treats and decontaminates the
‘equipment before its return to NS (or delivering Railroad) so that, when the rail equipment is released by receiver,
it is completely unloaded and is not contaminated by any residue of the lading previously carried. Return of the
‘equipment to rail service constitutes certification by Shipper that the equipment is ready to return to and use in
general freight service. Shipper shall also be responsible for payment of additional transportation charges for NS
to switch or move rail equipment to third parties or to other-than-Destination location, for cleaning and
decontamination if necessary prior to release for subsequent movement

(4) _ Shipper shall be responsible for cleaning and decontaminating any locations en route
where such waste has been loaded and/or unloaded. Loading and unloading of waste into or from rail equipment
‘on NS owned, leased or otherwise controlled property is prohibited except in emergency situations with NS"
approval secured in advance of the loading or unloading

(e) Shipper shall have the right to arrange for the responsibilities imposed on it by this Article
‘and to be carried out by third parties, including its own customers and owners and operators of treatment, storage
or disposal facilities designated by Shipper; PROVIDED, HOWEVER, that Shipper shall remain obligated to NS
under its obligations in this Rule in such cases as if Shipper had done the work itself.

9 DELIVERY TO DESIGNATED FACILITY.

(a) Where the Destination facility designated by Shipper on the applicable manifest or other
similar document is served by NS, NS will be responsible for delivery of the rail equipment containing the Product
to the Destination facility.

(b)____In the event hazardous waste products are delivered by NS to a Destination facility
served by NS and Shipper subsequently determines that such Waste Products do not conform to the description
of the Waste Products on the manifest or similar document accompanying such shipment, such Waste Products
shall be considered to be "Nonconforming Waste Products.” Should Shipper wish to retum or reroute said
Nonconforming Waste Products, the transportation particulars of such shipments shall be negotiated by the
parties and shall be otherwise subject to this Rule. In the event of a dispute as to the applicable rate, the currently
published rate shall apply to this movement.

10. INCIDENTS AND CREDITS.

(a) Inthe event an incident during transportation over NS' lines results in a "hazardous waste
discharge" (as that phrase is defined in 49 C.F.R. §271.16(a)), o "release" of a "hazardous substance” in
“reportable quantities" (as those terms are defined by CERCLA, any regulations promulgated pursuant thereto,
and Section 311 of the Clean Water Act), NS shall notify Shipper as soon as practicable and undertake initial
containment and cleanup, with ultimate responsibility for cleanup costs to be borne by the parties as provided in
this Offering. Shipper hereby agrees, upon request of NS, to cooperate fully to the extent reasonably necessary
to abate or eliminate any hazard in an expeditious and prudent manner, including undertaking supervision and
management of cleanup and disposal of spilled waste materials and any contamination to the environment
resulting therefrom.

(b) NS will notify proper federal and state authorities of any spill incidents known to have
‘occurred on NS property after acceptance of a given shipment for transportation.

19




TARIFF NS 6306-A 

RULES AND REGULATIONS FOR HAZARDOUS MATERIALS AND RELATED ARTICLES 

 

 

20 

 
  (c)  Regardless of whether NS is entitled to indemnity, Shipper shall, upon request of NS and 
to the extent it is authorized by law and regulation, accept for disposal materials required to be disposed of at 
prevailing rates to be negotiated by the parties, and shall credit against disposal costs that may be chargeable to 
NS any amounts for disposal collected or received from other parties and attributable to the materials discharged 
which were being transported pursuant to this Rule.  In the event NS disposes of the materials at its cost, then 
Shipper shall pay NS the amount which Shipper was to be charged for disposal of such materials. 
 
 11. INSURANCE. 

 
  (a) Shipper agrees to keep in force either commercial or comprehensive general liability 
insurance with minimum policy limits not less than $5 million combined single limit per occurrence for bodily injury 
and property damage.  Such policy shall be endorsed to cover the liability assumed under this Rule, and shall not 
deny coverage for operations conducted within fifty (50) feet of any railroad hazard.  Shipper agrees to have its 
insurance policies covering its handling and storage of product to be contractually endorsed to relate to the 
indemnification provisions of this Rule. 
 
  (b) Shipper shall name NS as an additional insured under all such policies and shall furnish 
evidence certifying the existence of such insurance prior to NS' performance of transportation hereunder.  Said 
evidence of insurance shall contain a provision to the effect that thirty (30) days' advance written notice will be 
given to NS of any material change in, or cancellation of, such insurance by the insurance carrier. 

 
  (c)  NS and Shipper agree that the coverages and limits set forth herein and provided for by 
Shipper's insurance in no way limits its liability under the terms of this Rule. 
 
 12. PROPER PACKAGING. 
 
  Shipper will adhere to all FRA and DOT regulations regarding load liners, covers, and 
securements, independent of a specific supplier’s specifications. 
  
RULE 160 -- HAZARDOUS WASTE 
 
 When a Shipper tenders NS a shipment of hazardous waste (See Rule 50), the following shall apply: 
 
 1. Shipper warrants that it has arranged for disposition of the Commodity in accordance with all 
applicable laws, including, but not limited to, the Comprehensive Environmental Response, Compensation and 
Liability Act of 1980 (CERCLA), as amended; the Resource Conservation Recovery Act (RCRA), as amended; 
and the Hazardous Materials Transportation Act (HMTA), as amended, and regulations issued under such laws 
("Laws"). 
 

2. Shipper warrants that the facility it has selected for disposition of the Commodity is a permitted 
waste disposition facility under all applicable Laws.  It is understood that Shipper, in its sole discretion, has 
selected the facility. 
 

3. Shipper shall prepare all manifests or other shipping papers required under applicable Laws, 
including Uniform Hazardous Waste Manifests.  Shipper warrants that all manifests and other shipping papers 
comply with applicable Laws. 
 

4. After the Equipment used for movements under this Rule have been unloaded at Destination, 
Shipper shall be responsible for the removal of residual Commodity and shipping materials from the Equipment.  
Should Shipper fail to decontaminate NS-owned or leased Equipment to NS's satisfaction, NS may refuse to 
accept the return of such equipment, subject to having the equipment cleaned at Shipper's expense, or, at NS' 

TARIFF NS 6306-A

RULES AND REGULATIONS FOR HAZARDOUS MATERIALS AND RELATED ARTICLES

(c) Regardless of whether NS is entitled to indemnity, Shipper shall, upon request of NS and
to the extent itis authorized by law and regulation, accept for disposal materials required to be disposed of at
prevailing rates to be negotiated by the parties, and shall credit against disposal costs that may be chargeable to
NS any amounts for disposal collected or received from other parties and attributable to the materials discharged
which were being transported pursuant to this Rule. In the event NS disposes of the materials at its cost, then
Shipper shall pay NS the amount which Shipper was to be charged for disposal of such materials.

41. INSURANCE.

(a) _ Shipper agrees to keep in force either commercial or comprehensive general liability
insurance with minimum policy limits not less than $5 million combined single limit per occurrence for bodily injury
and property damage. Such policy shall be endorsed to cover the liability assumed under this Rule, and shalll not
deny coverage for operations conducted within fifty (50) feet of any railroad hazard. Shipper agrees to have its
insurance policies covering its handling and storage of product to be contractually endorsed to relate to the
indemnification provisions of this Rule,

(b) Shipper shall name NS as an additional insured under all such policies and shall furnish
‘evidence certifying the existence of such insurance prior to NS' performance of transportation hereunder. Said
‘evidence of insurance shall contain a provision to the effect that thirty (30) days' advance written notice will be
given to NS of any material change in, or cancellation of, such insurance by the insurance carrier.

(c) NS and Shipper agree that the coverages and limits set forth herein and provided for by
Shipper's insurance in no way limits its liability under the terms of this Rule.

12. PROPER PACKAGING.

Shipper will adhere to all FRA and DOT regulations regarding load liners, covers, and
securements, independent of a specific supplier's specifications.

RULE 160 ~- HAZARDOUS WASTE.

When a Shipper tenders NS a shipment of hazardous waste (See Rule 50), the following shall apply:

1 Shipper warrants that it has arranged for disposition of the Commodity in accordance with all
applicable laws, including, but not limited to, the Comprehensive Environmental Response, Compensation and
Liability Act of 1980 (CERCLA), as amended; the Resource Conservation Recovery Act (RCRA), as amended;
and the Hazardous Materials Transportation Act (MTA), as amended, and regulations issued under such laws
("Laws").

2. Shipper warrants that the facilty it has selected for disposition of the Commodity is a permitted
waste disposition facility under all applicable Laws. It is understood that Shipper, in its sole discretion, has
selected the facility.

3. Shipper shall prepare all manifests or other shipping papers required under applicable Laws,
including Uniform Hazardous Waste Manifests. Shipper warrants that all manifests and other shipping papers
comply with applicable Laws.

4 ‘After the Equipment used for movements under this Rule have been unloaded at Destination,
Shipper shall be responsible for the removal of residual Commodity and shipping materials from the Equipment.
Should Shipper fail to decontaminate NS-owned or leased Equipment to NS's satisfaction, NS may refuse to
accept the retum of such equipment, subject to having the equipment cleaned at Shipper’s expense, or, at NS’

20




TARIFF NS 6306-A 

RULES AND REGULATIONS FOR HAZARDOUS MATERIALS AND RELATED ARTICLES 

 

 

21 

option, declaring the Equipment unfit for further use and requiring Shipper to pay to NS the current depreciated 
value of the equipment.  Notwithstanding the foregoing, upon release of Equipment bearing NS ownership marks, 
Shipper shall furnish NS a Certificate of Decontamination for each such freight car utilized under the terms of this 
Rule. 
 

(a) Shipper agrees, notwithstanding any other provision of this rule, to release NS 
from, and, indemnify NS for, any damage to equipment incurred in normal railroad operations.  Shipper also  
agrees to indemnify and hold harmless NS for any and all loss, liability claims, fees or costs arising from, related 
to, or associated with such equipment failure and subsequent cleanup.  
 

5. Shipper shall not store, load or unload Commodity or Nonconforming Waste (as defined below) 
on NS property. 
 

6. Any waste commodity tendered to NS which is refused at Destination as not conforming to the 
description on the manifest or other shipping documents ("Nonconforming Waste") shall be returned to Origin at 
the same rate as the inbound shipment and subject to all other provisions of this Rule. 
 

7. In the event of a spill, leak, discharge or other release ("Release") of Commodity ("Released 
Commodity") as defined by applicable Laws during transportation of the Commodity: 

 

  (a) NS will make appropriate notification of the Release and will take appropriate immediate 
action to protect human health and the environment, as determined by NS. 

 

 (b) Shipper shall be "generator" of the Commodity, of any Released Commodity, and of any 
materials contaminated by Released Commodity, as "generator" is defined in applicable Laws.  Under no 
circumstances whatsoever shall NS be, or be designated, a "generator" of these substances. 

 
 (c) Shipper or its agent shall select a permitted disposal facility and make all arrangements 

for disposition at such disposal facility of any Commodity, Released Commodity, or material contaminated by 
Released Commodity which are removed from the site of the Release. 

 
 (d) Shipper or its agent shall make all arrangements for transportation and shall sign all 

manifests necessary to transport to a permitted disposal facility any Commodity, Released Commodity, or 
materials contaminated by Released Commodity which are removed from the site of the Release.  Should NS be 
requested to transport such material such transportation shall be subject to the provisions of this Rule. 

 
8. Shipper agrees to keep in force either commercial or comprehensive general liability insurance 

with minimum policy limits not less than $15 million combined single limit per occurrence for bodily injury and 
property damage.  Such policy shall be endorsed to cover the liability assumed under this Rule, and shall not 
deny coverage for operations conducted within fifty (50) feet of any railroad hazard.  Shipper agrees to have its 
insurance policies covering its handling and storage of product to be contractually endorsed to relate to the 
indemnification provisions of this Rule. 
 
  (a) Shipper shall name NS as an additional insured under all such policies and shall furnish 
evidence certifying the existence of such insurance prior to NS' performance of transportation hereunder.  Said 
evidence of insurance shall contain a provision to the effect that thirty (30) days' advance written notice will be 
given to NS of any material change in, or cancellation of, such insurance by the insurance carrier. 

 
  (b)  NS and Shipper agree that the coverages and limits set forth herein and provided for by 
Shipper's insurance in no way limits its liability under the terms of this Rule. 
 
 

TARIFF NS 6306-A

RULES AND REGULATIONS FOR HAZARDOUS MATERIALS AND RELATED ARTICLES

option, declaring the Equipment unfit for further use and requiring Shipper to pay to NS the current depreciated
value of the equipment. Notwithstanding the foregoing, upon release of Equipment bearing NS ownership marks,
Shipper shall furnish NS a Certificate of Decontamination for each such freight car utilized under the terms of this
Rule.

(a) __ Shipper agrees, notwithstanding any other provision of this rule, to release NS
from, and, indemnify NS for, any damage to equipment incurred in normal railroad operations. Shipper also
agrees to indemnify and hold harmless NS for any and all loss, liability claims, fees or costs arising from, related
to, or associated with such equipment failure and subsequent cleanup.

5. Shipper shall not store, load or unload Commodity or Nonconforming Waste (as defined below)
‘on NS property.

6. Any waste commodity tendered to NS which is refused at Destination as not conforming to the
description on the manifest or other shipping documents ("Nonconforming Waste") shall be returned to Origin at
the same rate as the inbound shipment and subject to all other provisions of this Rule.

7 In the event of a spill, leak, discharge or other release ("Release") of Commodity ("Released
Commodity") as defined by applicable Laws during transportation of the Commodity:

(2) NS will make appropriate notification of the Release and will take appropriate immediate
action to protect human health and the environment, as determined by NS.

(b) Shipper shall be "generator" of the Commodity, of any Released Commodity, and of any
materials contaminated by Released Commodity, as "generator" is defined in applicable Laws. Under no
circumstances whatsoever shalll NS be, or be designated, a "generator” of these substances,

(c) __ Shipper or its agent shall select a permitted disposal facility and make all arrangements
for disposition at such disposal facility of any Commodity, Released Commodity, or material contaminated by
Released Commodity which are removed from the site of the Release.

(4) Shipper or its agent shall make all arrangements for transportation and shall sign all
manifests necessary to transport to a permitted disposal facility any Commodity, Released Commodity, or
materials contaminated by Released Commodity which are removed from the site of the Release. Should NS be
requested to transport such material such transportation shall be subject to the provisions of this Rule.

8. Shipper agrees to keep in force either commercial or comprehensive general liability insurance
with minimum policy limits not less than $15 million combined single limit per occurrence for bodily injury and
property damage. Such policy shall be endorsed to cover the liability assumed under this Rule, and shall not
deny coverage for operations conducted within fifty (50) feet of any railroad hazard. Shipper agrees to have its
insurance policies covering its handling and storage of product to be contractually endorsed to relate to the
indemnification provisions of this Rule.

(a) Shipper shall name NS as an additional insured under all such policies and shall furnish
‘evidence certifying the existence of such insurance prior to NS" performance of transportation hereunder. Said
‘evidence of insurance shall contain a provision to the effect that thirty (30) days’ advance written notice will be
given to NS of any material change in, or cancellation of, such insurance by the insurance carrier.

(b) NS and Shipper agree that the coverages and limits set forth herein and provided for by
Shipper's insurance in no way limits its liability under the terms of this Rule.

24




TARIFF NS 6306-A 

RULES AND REGULATIONS FOR HAZARDOUS MATERIALS AND RELATED ARTICLES 

 

 

22 

RULE 180  LIABILITY AND INDEMNITY. 
 

1.  For the purpose of this Tariff, the term "Loss" shall mean any loss, injury, or damage which arises 
out of transloading, unloading and loading, transportation or disposition (including treatment, storage or disposal) 
of the commodities described in Rule 50 (“Waste Products”), including, but not limited to, loss or damage to 
property (including, without limitation, the property of either of the parties hereto) or to natural resources; injury or 
death of any person or persons (including, without limitation, employees of NS); claims, liabilities, damages, fines 
or penalties; costs of containment, cleanup, response actions, removal actions, remedial actions, and health 
assessments, as these terms are defined by applicable federal, state or local laws and regulations; fees including, 
but not limited to, attorney, consultant, and expert witness fees; and costs of investigation. 
 
  (a)  Shipper hereby agrees to indemnify and hold harmless NS, its officers, agents and 
employees, from and against any and all claims, demands, liabilities and lawsuits brought by any third party or 
governmental agency under any theory of law against NS seeking to hold NS liable for any Loss to the extent that 
is caused by Shipper's act or omission, or act or omission of Shipper's own customer or contractor, Shipper's 
violation of any law or regulation, Shipper's failure to accept delivery, or Shipper's breach of any other 
requirement including, but not limited to, Shipper's failure to provide proper identification of the Waste Products to 
be transported, whether or not Shipper relied on other parties for said identification. 
 
  (b)  NS hereby agrees to indemnify and hold harmless Shipper, its officers, agents and 
employees, from and against any and all claims, demands, liabilities or lawsuits brought by any third party or 
governmental agency under any theory of law against Shipper seeking to hold Shipper liable for any Loss to the 
extent that is caused by NS' act or omission, NS' violation of any law or regulation, or NS' breach of any 
requirement of this Tariff. 
 
  (c)  Notwithstanding any provisions in this Article, Shipper hereby agrees to indemnify and 
hold harmless NS, its officers, agents, and employees from and against any claim for Loss, regardless of cause, 
resulting from an event that occurs subsequent to delivery to and acceptance of hazardous waste product by 
Shipper, another rail carrier, or contractor, or other transporter designated by Shipper, or an EPA licensed 
treatment, storage, or cleanup/disposal site operator designated by Shipper. 
 
  (d)  Except to the extent Loss is within the scope of the indemnity in paragraphs (b), (c), (d) 
and (e) of this Rule, in the event a Loss is caused by Shipper's and NS' joint and concurrent negligence, by a 
cause unknown, or by a third party not having a contractual relationship with either Shipper or NS, each party 
shall bear half of such Loss.  This provision shall not affect the rights of either Shipper or NS to recover for said 
Loss from such third party. 
 
  (e)  Notwithstanding any other provision in this Rule, Shipper shall, regardless of the cause, 
be fully liable for and shall indemnify NS, its officers, agents, and employees against any Loss to the extent and 
only to the extent that such Loss or any portion of such Loss is attributable to the release or spill of a hazardous 
waste material which is not identified on the bill of lading or manifest.  
 
  (f)  Notwithstanding any other provision in this Rule, Shipper shall indemnify and hold 
harmless NS and the actual owners of equipment used hereunder from and against any and all liability for Loss 
resulting from future use of or exposure to the equipment where such Loss arises from Shipper's failure or 
negligence in inspecting and/or decontaminating equipment prior to release to NS or delivering railroad or motor 
carrier. 
 
  (g)  Knowledge on the part of one party of any violation of any terms of this Rule by the other 
party shall constitute neither negligence nor acquiescence in such violation, and shall in no event relieve either 
party of any of the responsibilities and indemnity obligations assumed in this Rule. 
 

TARIFF NS 6306-A

RULES AND REGULATIONS FOR HAZARDOUS MATERIALS AND RELATED ARTICLES

RULE 180 LIABILITY AND INDEMNITY.

1. For the purpose of this Tariff, the term "Loss" shall mean any loss, injury, or damage which arises
‘out of transloading, unloading and loading, transportation or disposition (including treatment, storage or disposal)
of the commodities described in Rule 50 (‘Waste Products’), including, but not limited to, loss or damage to
property (including, without limitation, the property of either of the parties hereto) or to natural resources; injury or
death of any person or persons (including, without limitation, employees of NS); claims, liabilities, damages, fines
‘or penalties; costs of containment, cleanup, response actions, removal actions, remedial actions, and health
assessments, as these terms are defined by applicable federal, state or local laws and regulations; fees including,
but not limited to, attomey, consultant, and expert witness fees; and costs of investigation.

(a) Shipper hereby agrees to indemnify and hold harmless NS, its officers, agents and
‘employees, from and against any and all claims, demands, liabilities and lawsuits brought by any third party or
‘governmental agency under any theory of law against NS seeking to hold NS liable for any Loss to the extent that
is caused by Shipper’s act or omission, or act or omission of Shipper's own customer or contractor, Shipper’
violation of any law or regulation, Shipper's failure to accept delivery, or Shipper's breach of any other
requirement including, but not limited to, Shipper's failure to provide proper identification of the Waste Products to
be transported, whether or not Shipper relied on other parties for said identification.

(b) NS hereby agrees to indemnify and hold harmless Shipper, its officers, agents and
‘employees, from and against any and all claims, demands, liabilities or lawsuits brought by any third party or
governmental agency under any theory of law against Shipper seeking to hold Shipper liable for any Loss to the
extent that is caused by NS' act or omission, NS' violation of any law or regulation, or NS' breach of any
requirement of this Tariff.

(c) Notwithstanding any provisions in this Article, Shipper hereby agrees to indemnify and
hold harmless NS, its officers, agents, and employees from and against any claim for Loss, regardless of cause,
resulting from an event that occurs subsequent to delivery to and acceptance of hazardous waste product by
Shipper, another rail carrier, or contractor, or other transporter designated by Shipper, or an EPA licensed
treatment, storage, or cleanup/disposal site operator designated by Shipper.

(4) __ Except to the extent Loss is within the scope of the indemnity in paragraphs (b), (c). (d)
and (e) of this Rule, in the event a Loss is caused by Shipper's and NS’ joint and concurrent negligence, by a
‘cause unknown, or by a third party not having a contractual relationship with either Shipper or NS, each party
shall bear half of such Loss. This provision shall not affect the rights of either Shipper or NS to recover for said
Loss from such third party.

(e) Notwithstanding any other provision in this Rule, Shipper shall, regardless of the cause,
be fully liable for and shall indemnify NS, its officers, agents, and employees against any Loss to the extent and
only to the extent that such Loss or any portion of such Loss is attributable to the release or spill of a hazardous
waste material which is not identified on the bill of lading or manifest.

(f) Notwithstanding any other provision in this Rule, Shipper shall indemnify and hold
harmless NS and the actual owners of equipment used hereunder from and against any and all liability for Loss
resulting from future use of or exposure to the equipment where such Loss arises from Shipper's failure or
negligence in inspecting and/or decontaminating equipment prior to release to NS or delivering railroad or motor
carrier.

(a) __ Knowledge on the part of one party of any violation of any terms of this Rule by the other
party shall constitute neither negligence nor acquiescence in such violation, and shall in no event relieve either
party of any of the responsibilities and indemnity obligations assumed in this Rule.

22




TARIFF NS 6306-A 

RULES AND REGULATIONS FOR HAZARDOUS MATERIALS AND RELATED ARTICLES 

 

 

23 

(h) References to NS and Shipper as used in this Rule shall include the officers, agents and 
employees of NS and Shipper.  Shipper and NS further agree that each and all of its 
indemnity commitments in this Rule shall extend to and include the parent and all 
subsidiary affiliated companies of Shipper and NS and their respective officers, agents 
and employees. 

 
RULE 200  NO SPECIAL HANDLING. 
 
 NS shall not be responsible for any special handling of railcars transporting the commodities referenced 
in Rule 50 of this Tariff.  Any instructions provided on the side of a railcar, on the bill of lading, or by any means 
other than a formal, written, full executed transportation contract signed by an appropriate officer of NS, are 
invalid and of no effect whatsoever. 
 
 

 

 
 

 

-THE END- 

TARIFF NS 6306-A

RULES AND REGULATIONS FOR HAZARDOUS MATERIALS AND RELATED ARTICLES

(h) References to NS and Shipper as used in this Rule shall include the officers, agents and
employees of NS and Shipper. Shipper and NS further agree that each and all of its
indemnity commitments in this Rule shall extend to and include the parent and all
subsidiary affiliated companies of Shipper and NS and their respective officers, agents
and employees.

RULE 200 NO SPECIAL HANDLING.
NS shall not be responsible for any special handling of railcars transporting the commodities referenced
in Rule 50 of this Tariff. Any instructions provided on the side of a railcar, on the bill of lading, or by any means.

other than a formal, written, full executed transportation contract signed by an appropriate officer of NS, are
invalid and of no effect whatsoever.

“THE END-

23