Section 33.1-24-03-04 - General requirements of the manifest1. A generator who transports, or offers for transport a hazardous waste for off site treatment, storage, or disposal, or a treatment, storage, and disposal facility who offers for transport a rejected hazardous waste load, must prepare a manifest on environmental protection agency form 8700-22, and if necessary, environmental protection agency form 8700-22A, according to instructions included in appendix I to this chapter. a. The revised manifest form and procedures in sections 33.1-24-01-04, 33.1-24-02-07, 33.1-24-03-04, 33.1-24-03-05, subsection 6 of section 33.1-24-03-07, sections 33.1-24-03-10, 33.1-24-03-21, 33.1-24-03-26 through 33.1-24-03-29, and appendix I to this chapter, shall not apply until September 5, 2006, or article 33.1-24 is amended and effective, but not prior to September 5, 2006. The manifest form and procedures in sections 33.1-24-01-04, 33.1-24-02-07, 33.1-24-03-04, 33.1-24-03-05, 33.1-24-03-10, 33.1-24-03-21, 33.1-24-03-26 through 33.1-24-03-29, and appendix I to this chapter contained in article 33.1-24, amended December 1, 2003, shall be applicable until September 5, 2006, or when amended, but not prior to September 5, 2006.b. Electronic manifest. In lieu of using the manifest form specified in subsection 1, a person required to prepare a manifest under subsection 1 may prepare and use an electronic manifest, provided that the person: (1) Complies with the requirements in subsection 8 of section 33.1-24-03-07 for use of electronic manifests; and(2) Complies with the requirements of 40 CFR 3.10 for the reporting of electronic documents to the environmental protection agency.2. A generator must designate on the manifest one facility which is permitted to handle the waste described on the manifest.3. A generator may also designate on the manifest one alternate facility which is permitted to handle the generator's waste in the event an emergency prevents delivery of the waste to the primary designated facility.4. If the transporter is unable to deliver the hazardous waste to the designated facility or the alternate facility, the generator must either designate another facility or instruct the transporter to return the waste.5. The requirements of sections 33.1-24-03-04 through 33.1-24-03-07 do not apply to hazardous waste produced by generators of greater than one hundred kilograms but less than one thousand kilograms in a calendar month where: a. The waste is reclaimed under a contractual agreement pursuant to which: (1) The type of waste and frequency of shipments are specified in the agreement; and(2) The vehicle used to transport the waste to the recycling facility and to deliver regenerated material back to the generator is owned and operated by the reclaimer of the waste; andb. The generator maintains a copy of the reclamation agreement in the generator's files for a period of at least three years after termination or expiration of the agreement.6. The requirements of sections 33.1-24-03-04 through 33.1-24-03-07 and subsection 2 of section 33.1-24-03-10 do not apply to the transport of hazardous wastes on a public or private right of way within or along the border of contiguous property under the control of the same person, even if such contiguous property is divided by a public or private right of way. Notwithstanding subsection 1 of section 33.1-24-04-01, the generator or transporter must comply with the requirements for transporters set forth in sections 33.1-24-04-07 and 33.1-24-04-08 in the event of a discharge of hazardous waste on a public or private right of way.7. In any case in which the state in which waste is generated, or the state in which waste will be transported to a designated facility, requires that the waste be regulated as a hazardous waste or otherwise be traced through a hazardous waste manifest, the designated facility that receives the waste, regardless of the state in which the facility is located, shall:a. Complete the facility portion of the applicable manifest;b. Sign and date the facility certification;c. Submit to the e-Manifest system a final copy of the manifest for data processing purposes; andd. Pay the appropriate per manifest fee to environmental protection agency for each manifest submitted to the e-Manifest system, subject to the fee determination methodology, payment methods, dispute procedures, sanctions, and other fee requirements specified in subpart FF of 40 CFR 264.8. Applicability of electronic manifest system and user fee requirements to facilities receiving state-only regulated waste shipments. a. For the purposes of this subsection, "state-only regulated waste" means; (1) A non-Resource Conservation and Recovery Act waste that a state regulates more broadly under its state regulatory program; or(2) A Resource Conservation and Recovery Act hazardous waste that is federally exempt from manifest requirements, but not exempt from manifest requirements under state law.b. In any case in which a state requires a Resource Conservation and Recovery Act manifest to be used under state law to track the shipment and transportation of a state-only regulated waste to a receiving facility, the facility receiving such a waste shipment for management shall: (1) Comply with the provisions of sections 33.1-24-05-38 (use of the manifest), and 33.1-24-05-39 (manifest discrepancies) of this chapter; and(2) Pay the appropriate per manifest fee to environmental protection agency for each manifest submitted to the e-Manifest system, subject to the fee determination methodology, payment methods, dispute procedures, sanctions, and other fee requirements specified in subpart FF of 40 CFR 264.N.D. Admin Code 33.1-24-03-04
Adopted by Administrative Rules Supplement 370, October 2018, effective 1/1/2019.Amended by Administrative Rules Supplement 2020-377, July 2020, effective 7/1/2020.General Authority: NDCC 23.1-04-03; S.L. 2017, ch. 199, § 1
Law Implemented: NDCC 23.1-04-03, 23.1-04-05; S.L. 2017, ch. 199, § 19