Section 33-24-03-21 - Special manifest requirementsA primary exporter shall comply with the manifest requirements of sections 33-24-03-04 through 33-24-03-07 except that:
1. In lieu of the name, site address, and identification number of the designated permitted facility, the primary exporter shall enter the name and site address of the consignee;2. In lieu of the name, site address, and identification number of a permitted alternate facility, the primary exporter may enter the name and site address of any alternate consignee;3. In the International Shipments block, the primary exporter must check the export box and enter the point of exit (city and state) from the United States;4. The following statement must be added to the end of the first sentence of the certification set forth in item 16 of the uniform hazardous waste manifest form: "and conforms to the terms of the attached environmental protection agency acknowledgment of consent";5. The primary exporter may obtain the manifest from any source that is registered with the United States environmental protection agency as a supplier of manifests (for example, states, waste handlers, or commercial forms printers);6. The primary exporter shall require the consignee to confirm in writing the delivery of the hazardous waste to that facility and to describe any significant discrepancies (as defined in subsection 1 of section 33-24-05-39) between the manifest and the shipment. A copy of the manifest signed by such facility may be used to confirm delivery of the hazardous waste;7. In lieu of the requirements of subsection 4 of section 33-24-03-04, where a shipment cannot be delivered for any reason to the designated or alternate consignee, the primary exporter shall: a. Renotify the state and the environmental protection agency of a change in the conditions of the original notification to allow shipment to a new consignee in accordance with subsection 3 of section 33-24-03-20 and obtain an environmental protection agency acknowledgment of consent prior to delivery; or b. Instruct the transporter to return the waste to the primary exporter in the United States or designate another facility within the United States; andc. Instruct the transporter to revise the manifest in accordance with the primary exporter's instructions.8. The primary exporter shall attach a copy of the environmental protection agency acknowledgment of consent to the shipment to the manifest which must accompany the hazardous waste shipment. For exports by rail or water (bulk shipments), the primary exporter shall provide the transporter with an environmental protection agency acknowledgment of consent which must accompany the hazardous waste but which need not be attached to the manifest except that for exports by water (bulk shipments) the primary exporter shall attach the copy of the environmental protection agency acknowledgment of consent to the shipping paper; and9. The primary exporter shall provide the transporter with an additional copy of the manifest for delivery to the United States customs official at the point the hazardous waste leaves the United States in accordance with subdivision d of subsection 7 of section 33-24-04-04.N.D. Admin Code 33-24-03-21
Effective December 1, 1988.Amended by Administrative Rules Supplement 2016-359, January 2016, effective 1/1/2016.General Authority: NDCC 23-20.3-03
Law Implemented: NDCC 23-20.3-03, 23-20.3-04