Current through Register Vol. XLI, No. 45, November 8, 2024
Section 157-7-3 - Uniform Hazardous Waste Manifest System3.1. General Requirements. 3.1.1. Any person who offers or transports hazardous waste for off-site treatment, storage, or disposal must prepare a Uniform Hazardous Waste Manifest in accordance with the EPA's Hazardous Waste System.3.1.2. Before transporting the hazardous waste, the highway transporter must sign and date the manifest acknowledging acceptance of the hazardous waste from the shipper (generator). The highway transporter must return a signed copy to the generator before leaving the generator's property.3.1.3. The highway transporter must ensure that the manifest accompanies the hazardous waste.3.1.4. Before accepting hazardous waste from a rail transporter, a highway transporter must sign and date the manifest and provide a copy to the rail transporter.3.2. Number and Delivery of Copies. A highway transporter who delivers hazardous waste to another transporter or to the designated facility must: 3.2.1. Obtain the date of delivery and the handwritten signature of that transporter or of the owner or operator of the designated facility on the manifest; and,3.2.2. Retain one copy of the manifest in accordance with Section 4; and,3.2.3. Give the remaining copies of the manifest to the accepting transporter or designated facility.3.3. Transporting Waste from Small Quantity Generators. A transporter transporting hazardous waste from a generator who generates greater that 100 kilograms but less than 1000 kilograms of hazardous waste in a calendar month need not comply with the requirements of this section or those required by the EPA, provided that: 3.3.1. The waste is being transported pursuant to a reclamation agreement as required by the EPA;3.3.2. The transporter records, on a log or shipping paper, the following information for each shipment;3.3.3. The name, address, and EPA Identification Number of the generator of the waste;3.3.4. The quantity of waste accepted;3.3.5. All United States Department of Transportation (US DOT) required shipping information;3.3.6. The date the waste is accepted; and3.3.7. The transporter carries this record when transporting waste to the reclamation facility; and3.3.8. The transporter retains these records for a period of at least three (3) years after termination or expiration of the agreement.3.4. Transfers to Foreign Consignees -- Required Information. Transporters who transport hazardous wastes out of the United States must: 3.4.1. Indicate on the manifest the date the hazardous waste left the United States, and;3.4.2. Sign the manifest and retain one copy in accordance with Section 4 of these rules, and;3.4.3. Return a signed copy of the manifest to the generator; and,3.4.4. Give a copy of the manifest to a U.S. Customs official at the point of departure from the United States.3.4.5. In the case of exports other than those subject to subpart H of 40 C.F.R. part 262, a transporter may not accept such waste from a primary exporter or other person if he knows the shipment does not conform to the EPA Acknowledgment of Consent; unless the generator signs the manifest and attaches the EPA Acknowledgment of Consent. For exports of hazardous waste subject to the requirements of subpart H of 40 C.F.R. part 262, a transporter may not accept hazardous waste without a tracking document that includes all information required by the EPA and DEP.3.5. Destination. 3.5.1. The highway transporter must deliver the entire quantity of hazardous waste which he has accepted from a generator or a transporter to:3.5.1.a. The designated facility listed on the manifest;3.5.1.b. The alternate designated facility, if the hazardous waste cannot be delivered to the designated facility because an emergency prevents delivery;3.5.1.c. The next designated transporter; or,3.5.1.d. The place outside the United States designated by the generator.3.5.2. If the hazardous waste cannot be delivered in accordance with paragraph (a) of this section, the highway transporter must contact the generator for further direction and must revise the manifest according to the generator's instructions.3.5.3. If hazardous waste is rejected by the designated facility while the transporter is on the facility's premises, then the transporter must obtain the following: 3.5.3.a. For a partial load rejection or for regulated quantities of container residues, a copy of the original manifest that includes the facility's date and signature, and the Manifest Tracking Number of the new manifest that will accompany the shipment, and a description of the partial rejection or container residue in the discrepancy block of the original manifest. The transporter must retain a copy of this manifest in accordance with section four, and give the remaining copies of the original manifest to the rejecting designated facility. If the transporter is forwarding the rejected part of the shipment or a regulated container residue to an alternate facility or returning it to the generator, the transporter must obtain a new manifest from the rejecting facility to accompany the shipment, and the new manifest must include all of the information required by the EPA and DEP.3.5.3.b. For a full load rejection that will be taken back by the transporter, a copy of the original manifest that includes the rejecting facility's signature and date attesting to the rejection, the description of the rejection in the discrepancy block of the manifest, and the name, address, phone number, and Identification Number for the alternate facility or generator to whom the shipment must be delivered. The transporter must retain a copy of the manifest in accordance with, and give a copy of the manifest containing this information to the rejecting designated facility. If the original manifest is not used, then the transporter must obtain a new manifest for the shipment and comply with the EPA regulations and the DEP rules.