Section 33-24-05-1011 - Use of manifest system1. If a facility receives hazardous waste accompanied by a manifest, the owner or operator, or the owner's or operator's agent, must: a. Sign and date each copy of the manifest to certify that the hazardous waste covered by the manifest was received;b. Note any significant discrepancies in the manifest, as defined in subsection 1 of section 33-24-05-1012, on each copy of the manifest;c. Immediately give the transporter at least one copy of the signed manifest;d. Within thirty days after the delivery, send a copy of the manifest to the generator; ande. Retain at the facility a copy of each manifest for at least three years from the date of delivery.2. If a facility receives, from a rail or water (bulk shipment) transporter, hazardous waste which is accompanied by a shipping paper containing all the information required on the manifest (excluding the identification numbers, generator's certification, and signatures), the owner or operator, or the owner's or operator's agent, must: a. Sign and date each copy of the manifest or shipping paper (if the manifest has not been received) to certify that the hazardous waste covered by the manifest or shipping paper was received.b. Note any significant discrepancies, as defined in subsection 1 of section 33-24-05-1012, in the manifest or shipping paper (if the manifest has not been received) on each copy of the manifest or shipping paper. Note that the department does not intend that the owner or operator of a facility whose procedures under subsection 2 of section 33-24-05-963 include waste analysis must perform that analysis before signing the shipping paper and giving it to the transporter. Subsection 2 of section 33-24-05-1012, however, requires reporting an unreconciled discrepancy discovered during later analysis.c. Immediately give the rail or water (bulk shipment) transporter at least one copy of the manifest or shipping paper (if the manifest has not been received).d. Within thirty days after the delivery, send a copy of the signed and dated manifest to the generator; however, if the manifest has not been received within thirty days after delivery, the owner or operator, or the owner's or operator's agent, must send a copy of the shipping paper signed and dated to the generator. Note that subsection 3 of section 33-24-03-07 requires the generator to send three copies of the manifest to the facility when hazardous waste is sent by rail or water (bulk shipment).e. Retain at the facility a copy of the manifest and shipping paper (if signed in lieu of the manifest at the time of delivery) for at least three years from the date of delivery.3. Whenever a shipment of hazardous waste is initiated from a facility, the owner or operator of that facility must comply with the requirements of 33-24-03. The department notes that the provisions of section 33-24-03-12 are applicable to the onsite accumulation of hazardous wastes by generators. Therefore, the provisions of section 33-24-03-12 only apply to owners or operators who are shipping hazardous waste which they generated at that facility.4. Within three working days of the receipt of a shipment subject to sections 33-24-03-50 through 33-24-03-59, the owner or operator of the facility must provide a copy of the tracking document bearing all required signatures to the notifier, to the department, to the Office of Enforcement and Compliance Assurance, Office of Compliance, Enforcement Planning, Targeting and Data Division (2222A), Environmental Protection Agency, 1200 Pennsylvania Avenue NW, Washington, D.C. 20460, and to competent authorities of all other concerned countries. The original copy of the tracking document must be maintained at the facility for at least three years from the date of signature.N.D. Admin Code 33-24-05-1011
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, 23-20.3-05