Section R. 299.9608 - Use of manifest systemRule 608.
(1) If a facility receives hazardous waste accompanied by a manifest, then the owner or operator, or his or her agent, shall comply with 40 CFR 264.71(a).(2) If a facility receives a bulk shipment of hazardous waste from a rail or water transporter that is accompanied by a shipping paper containing all the information required on the manifest, excluding the site identification numbers, generator's certification, and signatures, then the owner or operator, or the owner or operator's agent, shall comply with 40 CFR 264.71(b) and return a legible copy of the manifest to the director or his or her designee within a period of 10 days after the end of the month in which the waste was received. If the generator state and the destination state are the same, the owner or operator, or his or her agent, shall only submit 1 copy of the manifest to the director or his or her designee.(3) If a shipment of hazardous waste is initiated from a facility, then the owner or operator of that facility shall comply with the requirements of part 3 of these rules.(4) Within 3 working days of the receipt of a shipment subject to R 299.9314, the owner or operator shall provide a copy of the movement document bearing all required signatures to the exporter, to competent authorities of the countries of export and transit that control the shipment as an export and transit of hazardous waste, respectively, and to the EPA electronically using WIETS, or its successor system. The owner or operator shall maintain the original copy of the movement document at the facility for not less than 3 years from the date of signature. The owner or operator may satisfy this recordkeeping requirement by retaining electronically submitted documents in the facilitys account on WIETS or its successor program, if copies are readily available for viewing and production if requested by the EPA or authorized state inspector. The owner or operator may not be held liable for the inability to produce the documents for inspection under this subrule if the inability to produce the document is due exclusively to technical difficulty with WIETS, or its successor system, for which the owner or operator bears no responsibility.(5) The owner or operator shall determine if the consignment state for a shipment regulates any additional wastes, beyond those regulated federally, as hazardous wastes under its state hazardous waste program. The owner or operator shall also determine if the consignment state or the generator state requires the owner or operator to submit any copies of the manifests to these states.(6) Electronic manifests that are obtained, completed, and transmitted in accordance with 40 CFR 262.20(a)(3) and used in accordance with this rule instead of paper manifests are the legal equivalent of paper manifests bearing handwritten signatures, and satisfy any requirement in these rules to obtain, complete, sign, provide, use, or retain a manifest as outlined in 40 CFR 264.71(f) and (k).(7) An owner or operator may participate in the electronic manifest system either by accessing the system from the owner or operators electronic equipment, or from portable equipment brought to the facility by the transporter who delivers the hazardous waste shipment, and by complying with 40 CFR 264.71(i).(8) If an owner or operator receives a hazardous waste shipment that is accompanied by a paper replacement manifest for a manifest that originated electronically, the owner or operator shall comply with 40 CFR 264.71(h).(9) An owner or operator who is a user of the electronic manifest system format may be assessed a user fee by the EPA for the origination or processing of each electronic manifest. An owner or operator may also be assessed a user fee by the EPA for the collection and processing of paper manifest copies that owners or operators are required to submit in accordance with 40 CFR 264.71(a)(2)(v). The EPA shall establish, publish, maintain, and update the user fees in accordance with 40 CFR 264.71(j).(10) Electronic manifest signatures must meet the criteria described in 40 CFR 262.25.(11) After an owner or operator has certified to the receipt of a hazardous waste by signing Item 20 of the manifest, any post-receipt data corrections must be made in accordance with 40 CFR 264.71(l).(12) Upon discovering a manifest discrepancy, as defined in 40 CFR 264.72(a), including a significant difference as defined in 40 CFR 264.72(b), the owner or operator shall comply with 40 CFR 264.72(c) to (g) and distribute copies of the manifest pursuant to subrules (1) and (2) of this rule.(13) The requirements of this rule do not apply to owners or operators of off-site facilities with respect to waste military munitions exempted from manifesting requirements under R 299.9818.(14) Owners and operators shall comply with the manifest and fee requirements for the electronic hazardous waste manifest program that are established and administered by the EPA in accordance with 40 CFR 260.4 and 260.5 and part 264, subpart FF.(15)40 CFR 260.4, 260.5, 264.71(a), (b), (f), and (h) to (l), and 264.72 are adopted by reference in R 299.11003. For the purposes of adoption, the term "site identification number" replaces the term "EPA identification number," the term "R 299.9207" replaces the term "§261.7(b)," and the term "R 299.9309(1)(a)" replaces the term "§262.20(a)."Mich. Admin. Code R. 299.9608
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