Section R. 299.9405 - Consolidation and commingling of hazardous wasteRule 405.
(1) A transporter consolidating containers of hazardous waste shall ensure that the original manifest for each hazardous waste container in the consolidated shipment accompanies the shipment.(2) A transporter commingling hazardous wastes of the same DOT shipping description if the DOT hazard class and DOT packing group remain the same shall comply with all of the following requirements:(a) 49 CFR part 173, as applicable.(b) Conduct commingling, unless performed at the generator location when the load is first received by the transporter, in a secondarily contained area that is sufficiently impervious to prevent any hazardous waste or hazardous waste constituent released into the containment system from migrating out of the system to the soil, groundwater, or surface water.(c) Ensure that commingled wastes are destined for a single disposal facility.(d) Ensure that incompatible wastes are not commingled.(e) Ensure that commingled wastes do not undergo chemical or thermal change or treatment, and ensure that the resultant waste retains both the physical and chemical characteristics similar to the individual wastes before they were commingled.(f) Ensure that the generator authorizes the commingling in accordance with R 299.9309(4) and places in the special handling instructions and additional information section of the manifest the hazardous waste number followed by the letters "CS" and the associated manifest line item, denoting the commingling activity.(g) For bulk rail or bulk water shipments, ensure that where the commingling of wastes results in the original shipment being transported to the designated facility by more than 1 vehicle the extra copies of the manifest as provided by the generator in accordance with R 299.9309 accompany each of the vehicles and that the transporter prepares a DOT-approved shipping paper and attaches the shipping paper to the top of the manifest or manifests. The shipping paper must reflect the differences from the original shipment in terms of quantity, count, and DOT-approved packaging.(h) Ensure that where the commingling of wastes results in changes to the quantity, count, or DOT-approved packaging on the generator manifest or manifests, the transporter prepares a DOT-approved shipping paper and attaches the shipping paper to the top of the manifest or manifests. The shipping paper must reflect the differences from the original shipment in terms of quantity, count, and DOT-approved packaging.(i) Ensure that, where a commingled load is rejected by the designated facility, all generators contributing to the commingled load are contacted to designate an alternate facility and that the rejected commingled wastes are not returned to any single generator.(3) A transporter commingling compatible hazardous wastes of different DOT shipping descriptions where the DOT hazard class or DOT packing group differs in a manner that alters the components of the waste description on the generator's original manifest shall comply with all of the following requirements: (a) Comply with the requirements of subrule (2)(a) to (e) of this rule.(b) For new activity, before the activity beginning, provide notification to the department. Within 30 days of changes in information included in the original notification a subsequent notification is required. The notification must include all of the following information: (i) The transporter name and site identification number.(ii) The transporter mailing address.(iii) The transporter telephone number.(iv) The owner of the facility.(v) If other than the generator site, the location of the facility and the telephone number where commingling activity is performed.(vi) The description of the commingling activity performed at each facility location.(c) Prepare a new manifest as a generator in accordance with part 3 of these rules.(d) On the new manifest in the special handling instructions and additional information section, describe the commingled load by adding the hazardous waste number followed by the letters "CD" and the manifest line item.(e) Ensure that the transporter-initiated manifest and the generator manifests accompany the shipment to the designated facility. The transporter-initiated manifest must satisfy DOT shipping paper requirements and be segregated from the generator manifests. All generator and transporter manifests must be signed by an authorized representative of the designated facility upon receipt of the waste.(f) Comply with part 3 of these rules relating to the wastes, except for R 299.9311(4) and R 299.9312(1) and (2) and the accumulation time limits specified in R 299.9404(1)(b).(g) Ensure that, where a commingled load is rejected by the designated facility, all other generators contributing to the load are contacted to jointly, with the transporter, designate an alternate facility and that the rejected commingled wastes are not returned to any single generator. The transporter, under this part, shares generator responsibility.Mich. Admin. Code R. 299.9405
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