S.C. Code Regs. § § 61-79.262.B.20

Current through Register Vol. 48, 12, December 27, 2024

Section 61-79.262.B.20 - General requirements

(a)

(1) A generator who transports, or offers for transport a hazardous waste for offsite treatment, storage, or disposal, or a treatment, storage, and disposal facility that offers for transport a rejected hazardous waste load, must prepare a Manifest (OMB Control number 2050-0039) on EPA Form 8700-22, and, if necessary, EPA Form 8700-22A.

(2) The revised manifest form and procedures in sections 260.10, 261.7, 262.20, 262.21, 262.27, 262.32, 262.34, 262.54 and 262.60, shall not apply until September 5, 2006. The manifest form and procedures in sections 260.10, 261.7, 262.20, 262.21, 262.32, 262.34, 262.54 and 262.60, edition revised as of July 1, 2004, shall be applicable until September 5, 2006.

(3) Electronic manifest. In lieu of using the manifest form specified in paragraph (a)(1) of this section, a person required to prepare a manifest under paragraph (a)(1) of this section may prepare and use an electronic manifest, provided that the person:

(i) Complies with the requirements in section 262.24 for use of electronic manifests, and

(ii) Complies with the requirements of 40 CFR 3.10 for the reporting of electronic documents to EPA.

(b) A generator must designate on the manifest one facility which is permitted to handle the waste described on the manifest.

(c) A generator may also designate on the manifest one alternate facility which is permitted to handle his waste in the event an emergency prevents delivery of the waste to the primary designated facility.

(d) 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.

(e) The requirements of this subpart do not apply to hazardous waste produced by generators of greater than 100 kg but less than 1000 kg in a calendar month where:

(1) The waste is reclaimed under a contractual agreement pursuant to which:

(i) The type of waste and frequency of shipments are specified in the agreement;

(ii) 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; and

(2) The generator maintains a copy of the reclamation agreement in his files for a period of at least three years after termination or expiration of the agreement.

(f) The requirements of this subpart and 262.32(b) 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 263.10(a), the generator or transporter must comply with the requirements for transporters set forth in 263.30 and 263.31 in the event of a discharge of hazardous waste on a public or private right-of-way.

(g) A generator shipping hazardous waste offsite must either be permitted to transport or utilize a transporter permitted pursuant to R.61-79.263. (amended 6/89; moved 12/96)

S.C. Code Regs. § 61-79.262.B.20

Amended by State Register Volume 11, Issue No. 11, eff November 27, 1987; State Register Volume 13, Issue No. 6, eff June 23, 1989; State Register Volume 14, Issue No. 11, eff November 23, 1990; State Register Volume 20, Issue No. 12, eff December 27, 1996; State Register Volume 21, Issue No. 6, Part 2, eff June 27, 1997; State Register Volume 22, Issue No. 9, Part 2, eff September 25, 1998; State Register Volume 31, Issue No. 2, eff February 23, 2007; State Register Volume 40, Issue No. 05, eff. 5/27/2016; State Register Volume 43, Issue No. 11, eff. 11/22/2019; State Register Volume 46, Issue No. 05, eff. 5/27/2022.