N.Y. Comp. Codes R. & Regs. tit. 6 § 372.7

Current through Register Vol. 46, No. 45, November 2, 2024

Section 372.7 - Shipments by rail or water (bulk)

(a)Applicability.

The provisions of this section shall apply to hazardous waste shipments transported in whole or in part by rail or water (bulk). The provisions of this section govern when in conflict with any other provisions of this Part. Any nonconflicting provisions of this Part continue to apply to any person subject to this section.

(b)Special generator requirements.

(1) For shipments of hazardous waste solely by water (bulk), the generator must mail the manifest, with all generator-required information and certifications completed and with the certifications of the initial transporter, to the designated facility or the last water (bulk shipment) transporter to handle the waste in the United States if exported by water. Copies of the manifest are not required for each transporter.

(2) For rail shipments of hazardous waste which originate at the site of generation, the generator must send the manifest dated and signed in accordance with this section to:

(i) the next nonrail transporter, if any;

(ii) the designated facility if transported solely by rail; or

(iii) the last rail transporter to handle the waste in the United States if exported by rail.

(3) For shipments of hazardous waste involving a rail or water (bulk shipment) transporter who is not the initial transporter, the generator must complete the manifest and comply with all related requirements as set forth in section 372.2(b) of this Part.

(c)Special transporter requirements.

(1) For water (bulk shipment) transporters:

(i) For shipments of hazardous waste solely by water (bulk), the transporter:

(a) is not required to carry a manifest pursuant to section 372.3(b) of this Part;

(b) must carry a shipping paper containing the following information:

(1) the generator's name, mailing address and telephone number;

(2) the name of the transporter;

(3) the name and address of the designated facility;

(4) the description of the waste(s) required by regulations of the U.S. Department of Transportation in 49 CFR 172.101, 172.202 and 172.203 (see section 370.1[e] of this Title); and

(5) the total quantity of each hazardous waste by units of weight or volume, and the type and number of containers as loaded into or onto the transport vehicle;

Note:

The certifications otherwise required on the manifest form are not required for the use of a shipping document pursuant to this section.

(c) must obtain the date of delivery and handwritten signature of the owner or operator of the designated facility on the shipping document; and

(d) must retain a copy of the shipping document in accordance with section 372.3(c)(2) of this Part.

(ii) [Reserved]

(iii) For shipment of hazardous waste involving a water (bulk) transporter as a transporter other than an initial transporter:

(a) the transporter delivering the shipment to the water (bulk) transporter must carry the manifest document from the site of generation to the delivery location and must obtain the date of delivery and signature of the water (bulk) transporter on the manifest, and forward the appropriate copies of the manifest to the designated facility;

(b) the water (bulk) transporter must:

(1) carry a shipping document as set forth in subparagraph (i) of this paragraph in place of the manifest;

(2) deliver by water (bulk shipment) to the designated facility and obtain the date of delivery and handwritten signature of the owner or operator of the designated facility on the shipping document; and

(3) retain a copy of the shipping paper in accordance with section 372.3(c)(2) of this Part.

(2) For shipments involving rail transportation:

(i) When accepting hazardous waste from a nonrail transporter, the initial rail transporter must:

(a) sign and date the manifest acknowledging acceptance of the hazardous waste;

(b) return a signed copy of the manifest to the nonrail transporter;

(c) forward the manifest to:

(1) the next nonrail transporter, if any;

(2) the designated facility, if the shipment is delivered to that facility by rail; or

(3) the last rail transporter designated to handle the waste in the United States;

(d) retain one copy of the manifest and rail shipping paper in accordance with section 372.3(c)(2) of this Part.

(ii) Rail transporters must ensure that a shipping paper containing all the information required by clause (1)(i)(b) of this subdivision accompanies the hazardous waste at all times.

Note:

Intermediate rail transporters are not required to sign either the manifest or shipping paper.

(iii) When delivering hazardous waste to the designated facility, a rail transporter must:

(a) obtain the date of delivery and handwritten signature of the owner or operator of the designated facility on the manifest or the shipping paper (if the manifest has not been received by the facility); and

(b) retain a copy of the manifest or signed shipping paper in accordance with section 372.3(c)(2) of this Part.

(iv) When delivering hazardous waste to a nonrail transporter a rail transporter must:

(a) obtain the date of delivery and the handwritten signature of the next nonrail transporter on the manifest; and

(b) retain a copy of the manifest in accordance with section 372.3(c)(2) of this Part.

(v) Before accepting hazardous waste from a rail transporter, a nonrail transporter must sign and date the manifest and provide a copy to the rail transporter.

(3) In the case of exports an EPA acknowledgment of consent must accompany the hazardous waste at all times.

(d)Special treatment, storage or disposal facility requirements.

Any facility receiving a shipment of hazardous waste that is not accompanied by a manifest because of any provision of this section must:

(1) determine whether they have received a manifest document for the shipment prior to delivery;

(2) determine significant discrepancies, as defined in section 373-2.5(b)(1)(i) (d) or 373-3.5(b)(1)(i)(d) of this Title, between the shipment and the manifest and/or the shipping document;

(3) upon receipt of the manifest, complete it with the required facility information and certification, and keep one copy of the manifest, as specified on the manifest forms, mail one copy of the manifest form to the generator and the generator state and mail one copy of the manifest form to the destination state (if different from the generator state), making legible photocopies as necessary, postmarked within 30 calendar days of receipt of shipment. Mail the department copy to: New York State Department of Environmental Conservation, Division of Solid & Hazardous Materials, Manifest Section, 625 Broadway, Albany, NY 12233-7252. Facilities do not need to distribute manifest copies to states other than New York, if those states do not require such a copy be submitted to them;

(4) if a manifest for the shipment is not received within 15 days from receipt of the shipment, send a copy of the signed and dated copy of the shipping paper to the generator and submit an unmanifested waste report as set forth in section 373-2.5(b)(3) of this Title to the department; and

(5) comply with testing procedures set forth in section 373""2.5(b)(1)(ii) and 373""3.5(b)(1)(ii) of this Part, and submit a manifest discrepancy report where required.

N.Y. Comp. Codes R. & Regs. Tit. 6 § 372.7

Amended New York State Register March 4, 2020/Volume XLII, Issue 09, eff. 4/18/2020