Code of Colorado Regulations
1000 - Department of Public Health and Environment
1007 - Hazardous Materials and Waste Management Division
6 CCR 1007-3 - HAZARDOUS WASTE
Part 263 - HAZARDOUS WASTE - STANDARDS APPLICABLE TO TRANSPORTERS OF HAZARDOUS WASTE
Subpart B - Compliance With the Manifest System and Recordkeeping
Section 6 CCR 1007-3-263.21 - Compliance with the Manifest
Universal Citation: 1000 CO Code Regs 6 CCR 1007-3-263.21
Current through Register Vol. 47, No. 17, September 10, 2024
(a) Except as provided in paragraph (b) of this section, the transporter must deliver the entire quantity of hazardous waste which he/she has accepted from a generator or a transporter to:
(1) The
designated facility listed on the manifest; or
(2) The alternate designated facility, if the
hazardous waste cannot be delivered to the designated facility because an
emergency prevents delivery; or
(3)
The next designated transporter; or
(4) The place outside the United States
designated by the generator.
(b)
(1)
Emergency condition. If the hazardous waste cannot be delivered in
accordance with paragraph (a)(1), (2), or (4) of this section because of an
emergency condition other than rejection of the waste by the designated
facility or alternate designated facility, then the transporter must contact
the generator for further directions and must revise the manifest according to
the generator's instructions.
(2)
Transporters without agency authority. If the hazardous waste is
not delivered to the next designated transporter in accordance with paragraph
(a)(3) of this section, and the current transporter is without contractual
authorization from the generator to act as the generator's agent with respect
to transporter additions or substitutions, then the current transporter must
contact the generator for further instructions prior to making any revisions to
the transporter designations on the manifest. The current transporter may
thereafter make such revisions if:
(i) The
hazardous waste is not delivered in accordance with paragraph (a)(3) of this
section because of an emergency condition; or
(ii) The current transporter proposes to
change the transporter(s) designated on the manifest by the generator, or to
add a new transporter during transportation, to respond to an emergency, or for
purposes of transportation efficiency, convenience, or safety; and
(iii) The generator authorizes the
revision.
(3)
Transporters with agency authority. If the hazardous waste is not
delivered to the next designated transporter in accordance with paragraph
(a)(3) of this section, and the current transporter has authorization from the
generator to act as the generator's agent, then the current transporter may
change the transporter(s) designated on the manifest, or add a new transporter,
during transportation without the generator's prior, explicit approval,
provided that:
(i) The current transporter is
authorized by a contractual provision that provides explicit agency authority
for the transporter to make such transporter changes on behalf of the
generator;
(ii) The transporter
enters in Item 14 of each manifest for which such a change is made, the
following statement of its agency authority: "Contract retained by generator
confers agency authority on initial transporter to add or substitute additional
transporters on generator's behalf;" and
(iii) The change in designated transporters
is necessary to respond to an emergency, or for purposes of transportation
efficiency, convenience, or safety.
(4)
Generator liability. The
grant by a generator of authority to a transporter to act as the agent of the
generator with respect to changes to transporter designations under paragraph
(b)(3) of this section does not affect the generator's liability or
responsibility for complying with any applicable requirement under this
chapter, or grant any additional authority to the transporter to act on behalf
of the generator.
(c) 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:
(1) 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 § 263.22 of these regulations, 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 to accompany the shipment, and the
new manifest must include all of the information required in §
264.72(e)(1) through (6) or (f)(1) through (6) of these regulations or §
265.72(e)(1) through (6) or (f)(1) through (6) of these regulations.
(2) 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 § 263.22 of these
regulations, 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 §
264.72(e)(1) through (6) of these regulations or § 265.72(e)(1) through
(6) of these regulations.
Disclaimer: These regulations may not be the most recent version. Colorado may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
This site is protected by reCAPTCHA and the Google
Privacy Policy and
Terms of Service apply.