La. Admin. Code tit. 33 § V-1309

Current through Register Vol. 50, No. 6, June 20, 2024

Section V-1309 - Compliance with the Manifest

A. The transporter must deliver the entire quantity of hazardous waste which he has accepted from a generator or a transporter to:

1. the designated facility listed on the manifest;

2. the alternate designated facility, if the hazardous waste cannot be delivered to the designated facility because an emergency prevents delivery, and such action is approved by the administrative authority;

3. the next designated transporter; or

4. the place outside the United States designated by the generator.

NOTE: No person may deliver a hazardous waste to a place other than the permitted facility shown on the manifest.

B. If the hazardous waste cannot be delivered in accordance with Subsection A of this Section, the transporter shall contact the generator for further directions and shall revise the manifest according to the generator's instructions. If the hazardous waste is rejected by the designated facility while the transporter is on the facility's premises, then the transporter must obtain the following:

1. for a partial load rejection or for regulated quantities of container residues, a copy of the original manifest that includes the date and the facility's signature, the manifest tracking number of the new manifest that will accompany the shipment, and a description of the partial rejection or container residue in the Discrepancy block of the original manifest. The transporter shall retain a copy of this manifest and give remaining copies of the original to the rejecting facility. If the transporter is forwarding the rejected part of the shipment or a regulated container residue to an alternate facility or returning it to the generator, the transporter shall obtain a new manifest to accompany the shipment, and the new manifest must include all of the required information;

2. for a full load rejection that will be taken back by the transporter, a copy of the original manifest which includes the date and the rejecting facility's signature and that attests to the rejection, the description of the rejection in the Discrepancy block, and the name, address, phone number, and ID number for the alternate facility to which the shipment must be delivered. The transporter shall retain a copy of the manifest and give a copy to the rejecting facility. If the original manifest is not used, the transporter must obtain a new manifest for shipment.

C. A transporter shall not transport a shipment of hazardous waste in containers unless each hazardous waste container is marked and labeled as required in LAC 33:V.1063.B and C. If the label is lost or detached, the transporter shall replace it based on the information taken from the manifest for the shipment.

D. A transporter shall not transport a container that is leaking or appears to be damaged, except to the nearest place where the transport vehicle can be safely positioned without unnecessarily endangering other transport vehicles or the environment. The transporter will then make the repairs necessary to remedy the unsafe condition.

E. A transporter shall not accept hazardous wastes consisting of a material or mixtures of materials prohibited under DPS regulations.

La. Admin. Code tit. 33, § V-1309

Promulgated by the Department of Environmental Quality, Office of Solid and Hazardous Waste, Hazardous Waste Division, LR 10:200 (March 1984), amended by the Office of Environmental Assessment, Environmental Planning Division, LR 26:2472 (November 2000), LR 27:44 (January 2001), amended by the Office of the Secretary, Legal Affairs Division, LR 32:825 (May 2006), Amended by the Office of the Secretary, Legal Affairs and Criminal Investigations Division, LR 46930 (7/1/2020).

AUTHORITY NOTE: Promulgated in accordance with R.S. 30:2180 et seq.