Current through September, 2024
Section 11-262-20 - General requirements(a) A generator who transports, or offers for transportation, hazardous waste for offsite treatment, storage, or disposal must prepare a Manifest OMB control number 2050-0039 on EPA form 8700-22, and, if necessary, EPA form 8700-22A, according to the instructions included in the Appendix to this chapter.(b) A generator must designate on the manifest one facility which is permitted to handle the waste described on the manifest.(c) A generator may also designate on the manifest one alternate facility which is permitted to handle his or her waste in the event an emergency prevents delivery of the waste to the primary designated facility.(d) If the transporter is unable to deliver the hazardous waste to the designated facility or the alternate facility, the generator must either designate another facility or instruct the transporter to return the waste.(e) The requirements of this subchapter do not apply to hazardous waste produced by generators of greater than one-hundred kg but less than one-thousand kg in a calendar month where: (1) The waste is reclaimed under a contractual agreement pursuant to which: (i) The type of waste and frequency of shipments are specified in the agreement;(ii) The vehicle used to transport the waste to the recycling facility and to deliver regenerated material back to the generator is owned and operated by the reclaimer of the waste; and(2) The generator maintains a copy of the reclamation agreement in his or her files for a period of at least three years after termination or expiration of the agreement.(f) The requirements of this subchapter and section 11-262-32(b) do not apply to the transport of hazardous wastes on a public or private right-of-way within or along the border of contiguous property under the control of the same person, even if such contiguous property is divided by a public or private right-of-way. Notwithstanding section 11-263-10(a), the generator or transporter must comply with the requirements for transporters set forth in sections 11-263-30 and 11-263-31 in the event of a discharge of hazardous waste on a public or private right-of-way.[Eff 6/18/94; am 3/13/99; comp] (Auth: HRS §§ 342J-4, 342J-31, 342J-32, 342J-35) (Imp: 40 C.F.R. §262.20 )