N.Y. Comp. Codes R. & Regs. tit. 6 § 381.13

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

Section 381.13 - Manifest requirements for transporters and brokers/collectors

(a) All transporters of low-level radioactive waste who transport waste into, within or through the State of New York must obtain a valid transport permit issued pursuant to this Part.

(b) Prior to shipment of low-level radioactive waste off the site at which such waste was generated, the transporter of such waste must:

(1) accept all copies of the manifest for such shipment that are not otherwise distributed or retained by the generator or processor or licensed waste collector;

(2) determine that all generator or processor portions of the manifest are completed and that the generator or processor has signed the generator's certification on the manifest;

(3) sign the initial transporter's certification on the manifest and date the acceptance of the shipment; and

(4) assure that copies of the manifest are available for additional transporters if necessary.

(c) The manifest must be kept in the transportation vehicle in an easily accessible place when the shipment is in transit. Manifest accessibility shall be in conformance with 49 CFR 177.817(e). (See section 381.18 of this Part.)

(d) In situations where delivery cannot be made to the designated facility, the transporter must contact the generator, processor or licensed waste collector for authorization to deliver the shipment to an alternate facility. If the generator, processor or licensed waste collector authorizes shipment to an alternate authorized facility, the transporter must promptly deliver the shipment and must carry the original manifest document with the shipment and present the manifest to the owner or operator of the alternate facility. A copy of the manifest that accompanied the shipment to the alternate facility shall be sent to the department in accordance with subdivision (h) of this section, and shall indicate that delivery was to an alternate facility.

(e) If the generator, processor or licensed waste collector does not authorize shipment to an alternate facility, or if the alternate facility will not accept the shipment, the transporter must return the shipment to the generator, processor or licensed waste collector and send a copy of the manifest to the department in accordance with subdivision (h) of this section, and shall indicate that the shipment was returned.

(f) The transporter must deliver the low-level radioactive waste shipment to either:

(1) the designated facility listed on the manifest;

(2) a licensed LLRW collector;

(3) an alternate authorized facility as directed by the generator or processor, only if the shipment cannot be delivered to the designated facility; or

(4) to the next designated transporter, as specified on the manifest.

(g) Upon delivery by a transporter pursuant to subdivision (f) of this section, the transporter must:

(1) obtain the date of delivery and the signature, on the appropriate certification on the manifest, of either the facility operator or the subsequent transporter;

(2) retain the appropriate copy of the manifest; and

(3) deliver the remaining copies of the manifest to the facility operator or subsequent transporter.

(h) The transporter must within 15 business days after relinquishing possession of such low- level radioactive waste to any person authorized or licensed under the laws and regulations of either the Federal government or an agreement state to accept LLRW for treatment, storage, disposal or other services, send a legible copy of such manifest and all continuation sheets to the New York State Department of Environmental Conservation, Division of Solid and Hazardous Materials, 625 Broadway, Albany, NY 12233-7250. In the case of brokers/collectors, or any person acting as a collector, a copy of each manifest and continuation sheets which accompanies incoming LLRW shipments to the broker's/collector's facility must be sent to the department within 15 business days from the date of waste collection. Brokers/collectors acting as transporters in the moving of LLRW from their authorized facility to an authorized facility, must send the department a copy of the accompanying manifest and continuation sheets within 15 business days from the date they relinquish possession of said waste to the authorized facility. The permittee's New York State low-level radioactive waste transport permit number must be written, stamped or printed on each manifest copy sent to the department.

(i) Prohibitions. No transporter may:

(1) accept a low-level radioactive waste shipment for transport offsite unless it is accompanied by a manifest which has all generator or processor-supplied information completed and all required certifications signed;

(2) accept a low-level radioactive waste shipment that significantly differs in terms of quantity from that listed on the manifest;

(3) deliver a shipment of low-level radioactive waste to any person other than as required by this Part; or

(4) transport any shipment of low-level radioactive waste without complying with the financial surety requirements of section 381.10(a)-(d) of this Part.

N.Y. Comp. Codes R. & Regs. Tit. 6 § 381.13