Code of Maine Rules
06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION
096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL
Chapter 857 - HAZARDOUS WASTE MANIFEST REQUIREMENTS
Section 096-857-7 - Manifest Requirements for Generators

Universal Citation: 06 ME Code Rules ยง 096-857-7

Current through 2024-38, September 18, 2024

NOTE: Additional requirements for generators appear in other rules of the Department dealing with specific aspects of hazardous waste management. See, for example, Standards for Generators of Hazardous Waste, 06-096 C.M.R. ch. 851; Land Disposal Restrictions, 06-096 C.M.R. ch. 852; Standards for Hazardous Waste Facilities, 06-096 C.M.R. ch. 854; and Licensing of Hazardous Waste Facilities, 06-096 C.M.R. ch. 856.

A. A generator of hazardous waste who transports, or offers for transport, hazardous waste for handling shall:

(1) Complete the generator portion of the manifest in accordance with the manifest's instructions, including a signature by the generator.
(a) A generator shall designate on the manifest one waste facility for hazardous waste authorized to handle the waste covered by the manifest under a State hazardous waste program approved by the EPA or under the Federal hazardous waste program, or otherwise meeting the definition of designated facility in this Chapter.

(b) A generator may also designate on the manifest one alternate waste facility authorized to handle the hazardous waste covered by the manifest under a State hazardous waste program approved by the EPA or under the Federal hazardous waste program. The waste may be delivered to the alternate facility in the event that an emergency prevents its delivery to the primary designated facility.

(c) If the generator is also the transporter for all or part of the waste's transport, the generator shall also complete the appropriate transporter portion of the manifest.

(d) A generator shall identify and list each waste separately on the manifest.

NOTE: Lab packs containing hazardous wastes are not exempted from this requirement.

(e) Special procedures when electronic manifest is unavailable: If a generator has prepared an electronic manifest for a hazardous waste shipment, but the electronic manifest system becomes unavailable for any reason prior to the time that the initial transporter has signed electronically to acknowledge the receipt of the hazardous waste from the generator, then the generator shall obtain and complete a paper manifest (EPA Form 8700-22) and if necessary, a continuation sheet (EPA Form 8700-22A) in accordance with the manifest instructions, and use these paper forms from this point forward in accordance with the requirements of this Chapter.

(2) After having obtained the transporter's signature and date of acceptance thereon, remove the Generator's Initial Copy and give the remaining copies of the manifest to the transporter, or for e-Manifests by submission to EPA's electronic manifest system in accordance with Section 5(F)(3) of this Chapter.

NOTE: If a continuing transporter is used, the generator is responsible for supplying the transporter with a legible photocopy of the manifest which must contain signatures where required.

(3) Retain the signed Generator's Initial Copy of the manifest or retain the e-Manifest on the generator's e-Manifest System account for at least three (3) years or until the completed and signed Designated Facility to Generator copy or equivalent e-Manifest is returned to the generator by the designated facility which received the waste. The Designated Facility to Generator copy must be retained by the generator for at least three (3) years, or for e-Manifests retain by submission to EPA's electronic manifest system in accordance with Section 5(F)(4) of this Chapter.

NOTE: The Designated Facility to Generator copy of the manifest is the copy signed by the generator, all transporters and the owner or operator of the designated facility which received the waste.

B. A generator, by generating hazardous waste and initiating its transport, agrees to its return as a rejected load or residue in accordance with the manifest discrepancy provisions of 40 C.F.R. §264.72 and 40 C.F.R. §265.72. Upon return of the hazardous waste, the generator shall accept any of the waste which cannot be delivered to a designated facility and shall:

(1) Sign Item 18c of the manifest, if the transporter returned the shipment using the original manifest; or sign Item 20 of the manifest, if the transporter returned the shipment using a new manifest;

(2) Provide a copy of the manifest to the transporter, or for e-Manifests by submission to EPA's electronic manifest system in accordance with Section 5(F)(3) of this Chapter;

(3) Within thirty (30) days of delivery of the rejected shipment or container residues contained in non-empty containers, send a copy of the manifest to the designated facility that returned the shipment to the generator, or for e-Manifests by submission to EPA's electronic manifest system in accordance with Section 5(F)(3) of this Chapter; and

(4) Retain at the generator's site a copy of each manifest for at least three (3) years from the date of delivery, or for e-Manifests retain by submission to EPA's electronic manifest system in accordance with Section 5(F)(4) of this Chapter.

Thereafter, the generator shall manage the returned waste in accordance with all the generator requirements of 06-096 C.M.R. chs. 850 through 858 for the waste as if the generator had generated the waste on the date of its return.

For rejected shipments of hazardous waste or container residues contained in non-empty containers that are forwarded to an alternate facility by a designated facility with a new manifest, the generator shall comply with the applicable manifest requirements, substituting "alternate facility" for "designated facility", and using the date the waste was accepted by the initial transporter for transportation of the rejected hazardous waste shipment from the designated facility to the alternate facility to meet the timeframe requirements of Sections 7(E) and 7(G) of this Chapter for tracking, notifications and Exception Reports. For shipments of universal waste returned to the generator, the generator shall comply with the instructions for the Maine Recyclable Material Uniform Bill of Lading.

C. Generators who ship hazardous waste within the United States solely by rail or water shall comply with the requirements of 40 C.F.R. §§262.23(c) and (d) and in addition, if the generator does not use the e-Manifest system, shall send a copy of the paper manifest to the Department and a copy of the paper manifest to the State where the designated hazardous waste facility is located (if required by the destination state) at the same time as the manifest is sent to the designated waste facility.

D. Generators who import hazardous waste from or export hazardous waste to a foreign country even for the purpose of recovery shall obtain, prepare and use a manifest or electronic manifest in compliance with the requirements of this Chapter and comply with 40 C.F.R Part 262 Subpart H and 40 C.F.R. §260.11(g). Copies of all notices, reports, manifests and other documents filed with the EPA in accordance with the requirements of Subpart H, including those of 40 C.F.R. §§262.83(b), 262.83(f), 262.83(g), 262.83(h), 262.84(b), and 262.84(f), must be filed with the Department. In addition:

(1) The terms "AES compliance filing date", "CRT exporter", "electronic import-export reporting compliance date" and "recognized trader" are defined in 40 C.F.R. §260.10;

(2) Cathode ray tubes (CRTs) which are hazardous waste pursuant to 06-096 C.M.R. ch. 858, § 5(A), including intentionally broken CRTs, processed CRT glass, and CRTs broken as a result of an accidental event involving more than 10 CRTs are subject to the export requirements of 40 C.F.R. §§261.39(a)(5)(i) through (xi);

(3) Availability of information; confidentiality of information:
(a) No claim of business confidentiality may be asserted by any person with respect to information contained in CRT export documents prepared, used and submitted under 40 C.F.R. §261.39(a)(5) and with respect to information contained in hazardous waste export, import, and transit documents prepared, used and submitted under 40 C.F.R. §§262.82, 262.83, 262.84, 263.20, 264.12, 264.71, 265.12, 265.71, and 267.71, whether submitted electronically into EPA's Waste Import Export Tracking System (WIETS) or in paper format;

(b) EPA will make any CRT export documents prepared, used and submitted under 40 C.F.R. §261.39(a)(5) and any hazardous waste export, import, and transit documents prepared, used and submitted under 40 C.F.R. §§262.82, 262.83, 262.84, 263.20, 264.12, 264.71, 265.12, 265.71, and 267.71 available to the public under 40 C.F.R. §260.2(d) when these electronic or paper documents are considered by EPA to be final documents. These submitted electronic and paper documents related to hazardous waste exports, imports and transits and cathode ray tube exports are considered by EPA to be final documents on March 1 of the calendar year after the related CRT exports or hazardous waste exports, imports, or transits occur.

E. A generator who does not receive the Designated Facility to Generator copy from the designated waste facility within thirty-five (35) days from the date waste was accepted by the initial transporter shall immediately notify the Department and shall immediately undertake to track and locate the waste, contacting the transporter(s) of the waste and the designated facility(ies) and keeping the Department advised.

F. A generator who transports or offers for transport, hazardous waste to a designated facility located in another state and who does not receive the Designated Facility to Generator copy of the manifest from the designated facility or an e-Manifest record of receipt by the designated facility within thirty-five (35) days from the date the waste was accepted by the initial transporter shall, in addition to the requirements of Section 7(E) of this Chapter, notify:

(1) The governmental agency responsible for administering the manifest system in the state in which the designated facility is located, and

(2) The governmental agencies responsible for administering the manifest system in the states in which the waste may have been delivered; or

(3) The EPA, if any one of the above states does not have a State hazardous waste program approved by the EPA.

NOTE: The names and addresses of State and Federal agencies may be obtained by calling the Department at (207) 287-7688.

G. A generator who has not received the Designated Facility to Generator copy of the manifest from the designated facility within forty-five (45) days from the date the waste was accepted by the initial transporter shall file a written Exception Report with the Department. The Exception Report must include:

(1) A legible copy of the manifest for which the generator has not received the Designated Facility to Generator copy; and

(2) A cover letter signed by the generator or the generator's authorized representative explaining the efforts that have been and are being taken to locate the waste and the results of those efforts.

NOTE: If a generator uses a Maine Recyclable Material Uniform Bill of Lading and either the generator or the Department identifies any discrepancies in the UBOL or associated shipment, it is the generator's responsibility to resolve the discrepancies to the Department's satisfaction.

H. For any hazardous waste rejected at the designated and alternate facility if designated, the generator shall provide to the Department within 20 days of such rejection a Rejection Report indicating:

(1) Uniform Hazardous Waste Manifest number(s) for the rejected waste shipments;

(2) The disposition of the rejected waste; and

(3) Any changes in the information previously supplied by the generator on the Uniform Hazardous Waste Manifest.

Copies of the Rejection Report must be provided to the transporter(s), the facility(s) that rejected the waste, and the appropriate regulatory agencies of the Generator and Destination State(s).

I. A generator who initiates a shipment of hazardous waste shall certify to one of the 40 C.F.R. §262.27 statements in Item 15 of the uniform hazardous waste manifest.

J. 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 Section 8(G) of this Chapter 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.

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