NOTE: Other requirements for owners and operators of waste
facilities for hazardous waste appear in other rules of the Department dealing
with specific aspects of hazardous waste management. See, for example, 06-096
C.M.R. ch. 852; 06-096 C.M.R. ch. 854; 06-096 C.M.R. ch. 855; and 06-096 C.M.R.
ch. 856.
A. The owner or operator of a
hazardous waste facility shall:
(1) Not accept
hazardous waste from a generator or transporter unless the waste is accompanied
by its manifest, properly completed by the generator and all
transporters;
(2) Not accept any
hazardous waste for which the facility is not licensed;
(3) Upon acceptance of a shipment of
hazardous waste:
(a) Complete the facility
owner or operator portion of the manifest including the owner's or operator's
signature and date of acceptance, noting on the manifest discrepancy space any
discrepancy, as defined in 40 C.F.R. §§264.72(a) and (b), and
attempts made to reconcile the discrepancy. If a discrepancy in a manifest is
discovered, the owner or operator shall attempt to reconcile the discrepancy,
in accordance with 40 C.F.R. §264.72(c). If not resolved within 15 days,
the owner or operator shall immediately submit a letter report including the
discrepancy, the attempts to reconcile it, and a copy of the manifest to the
Department. If the waste is rejected, the facility owner or operator shall note
that on the manifest discrepancy space and comply with Section 9(A)(7) of this
Chapter.
(b) Send the signed
Designated Facility to Generator copy of the manifest to the generator within
thirty (30) days of acceptance, or for e-Manifests by submission to EPA's
electronic manifest system in accordance with Section
5(F)(3) of this
Chapter.
(c) Immediately give the
Transporter's 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, and
(d) Retain at the
designated facility, the Designated Facility's Copy of the manifest signed by
the generator, all transporters and the designated facility for at least three
(3) years from the date of the designated facility's acceptance of the waste,
or for e-Manifests retain by submission to EPA's electronic manifest system in
accordance with Section
5(F)(4) of this
Chapter; except that if the designated facility is the point of ultimate
disposition of the waste, the owner or operator shall retain the copy of any
paper manifest for the life of the facility or until the designated facility
establishes to the satisfaction of the Commissioner that the waste is no longer
hazardous; when the designated facility is no longer in operation, the owner's
or operator's copies of the paper manifests must be submitted to the
Commissioner or disposed of as the Commissioner may direct.
(e) In addition, determine whether the
generator state regulates any additional wastes (beyond those regulated
federally) as hazardous waste under its state hazardous waste program (i.e.,
state-only hazardous waste or other state-regulated waste) that requires the
use of a manifest, and if so, do not accept the waste unless accompanied by a
manifest, and comply with the manifest copy submission requirements and
electronic manifest user fee requirements of Section
5(H) of this Chapter
which incorporates by reference 40 C.F.R. §§260.4 and 260.5.
(4)
Paper
manifest submission requirements:
(a)
Until June 29, 2021, send the top copy (Page 1), i.e., "Designated Facility to
EPA's e-Manifest system" copy, of any paper manifest and any paper continuation
sheet to the EPA's e-Manifest system for purposes of data entry and processing,
or in lieu of submitting the paper copy to EPA, the owner or operator may
transmit to the EPA e-Manifest system an image file of Page 1 of the manifest
and any continuation sheet, or both a data file and image file corresponding to
Page 1 of the manifest and any continuation sheet, within 30 days of the date
of delivery. Submissions of copies to the e-Manifest system must be made at the
mailing address or electronic mail/submission address specified at the
e-Manifest program website's directory of services. Beginning on June 30, 2021,
EPA will not accept mailed paper manifests from facilities for processing in
the e-Manifest system.
(b)
Beginning on June 30, 2021, the requirement to submit the top copy (Page 1) of
the paper manifest and any paper continuation sheet to the e-Manifest system
for purposes of data entry and processing may be met by the owner or operator
only by transmitting to the EPA system an image file of Page 1 of the manifest
and any continuation sheet, or by transmitting to the EPA e-Manifest system
both a data file and the image file corresponding to Page 1 of the manifest and
any continuation sheet, within 30 days of the date of delivery. Submissions of
copies to the e-Manifest system must be made to the electronic mail/submission
address specified at the e-Manifest program website's directory of services;
and
(5)
Special
procedures applicable to replacement manifests: If a facility receives
hazardous waste that is accompanied by a paper replacement manifest (completed
or reproduced pursuant to the "special procedures when electronic manifest is
not available" under either Section
7(A)(1)(e) or
8(A)(5) of this
Chapter) for a manifest that was originated electronically, the following
procedures apply to the delivery of the hazardous waste by the final
transporter:
(a) Upon delivery of the
hazardous waste to the designated facility, the owner or operator shall sign
and date each copy of the paper replacement manifest by hand in Item 20
(Designated Facility Certification of Receipt) and note any discrepancies in
Item 18 (Discrepancy Indication Space) of the paper replacement
manifest;
(b) The owner or operator
of the facility shall give back to the final transporter one copy of the paper
replacement manifest;
(c) Within 30
days of delivery of the waste to the designated facility, the owner or operator
of the facility shall send one signed and dated copy of the paper replacement
manifest to the generator, and send an additional signed and dated copy of the
paper replacement manifest to the electronic manifest system; and
(d) The owner or operator of the facility
shall retain at the facility one copy of the paper replacement manifest for at
least three years from the date of delivery, and as required in accordance with
Section 9(A)(3)(d) of this Chapter if the designated facility is the point of
ultimate disposition of the waste.
(6)
Imposition of user fee for
manifest submissions to EPA: The owner or operator of a designated
facility who is a user of the electronic manifest system shall comply with the
requirements of 40 C.F.R. §264.71(j) and 40 C.F.R. Part 264 Subpart FF, or
40 C.F.R. §265.71(j) and 40 C.F.R. Part 265 Subpart FF, as implemented and
enforced by EPA.
(7) Upon rejecting
waste or identifying a container residue that exceeds the quantity limits for
"empty" containers set forth in 06-096 C.M.R. ch. 850, §
3(A)(7), the owner or
operator of the facility shall:
(a) In
accordance with 40 C.F.R. §264.72(d)(1), consult with the generator prior
to forwarding the waste to an alternate facility that can manage the waste. If
it is impossible to locate an alternative facility that can receive the waste,
the designated facility may return the rejected waste or residue to the
generator. The designated facility shall send the waste to the alternative
facility or to the generator within 60 days of the rejection or the container
residue identification.
(b) In
accordance with 40 C.F.R. §264.72(d)(2), the designated facility shall
ensure that either the delivering transporter retains custody of the waste,
pending any arrangements for forwarding rejected wastes or residues to another
facility under 40 C.F.R. §264.72(d), or the facility shall provide for
secure, temporary custody of the waste, pending delivery of the waste to the
first transporter designated on the manifest prepared pursuant to 40 C.F.R.
§§264.72(e) and (f).
(c)
Comply with 40 C.F.R. §§264.72(e), (f) and (g) and retain a copy of
the manifest in accordance with Section 9(A)(3)(d) of this Chapter.
B. An owner or operator
of a hazardous waste facility which accepts a bulk shipment of hazardous waste
by rail or water shall comply with the requirements of 40 C.F.R.
§264.71(b), and in addition, if the manifest has not been received, shall
send a copy of the shipping paper to the Department within seven (7) days of
acceptance.
C. If hazardous waste
accepted by a facility is subsequently to be moved to another facility, for
whatever reason, the owner or operator of the waste facility from which the
waste is to be moved becomes the generator of the waste and is subject to the
generator requirements of this Chapter and other related rules, including the
generator requirements of 06-096 C.M.R. ch. 851. The owner or operator of the
waste facility from which the waste is to be moved must also determine whether
the consignment state (i.e., the state to which a shipment of waste is
manifested) regulates any additional wastes (beyond those regulated federally)
as hazardous waste under its state hazardous waste program (i.e., state-only
hazardous waste or other state-regulated waste) that requires the use of a
manifest, and if applicable, initiate a manifest for the shipment and comply
with the generator requirements of this Chapter and other related rules,
including the generator requirements of 06-096 C.M.R. ch. 851.
D. An owner or operator of a hazardous waste
facility which accepts hazardous waste imported from a foreign source shall
comply with 40 C.F.R. §§264.71(a)(3), 264.71(d), 265.71(a)(3),
265.71(d) and all applicable requirements of transboundary movement of
hazardous waste in accordance with 40 C.F.R. Part 262 Subpart H.
E. An owner or operator of a hazardous waste
facility licensed to handle or treat universal waste shall keep a record of
each shipment of universal waste received at the facility (i.e., destination
facility). The record may take the form of a log, manifest, or uniform bill of
lading. The record for each shipment of universal waste received must include
the following:
(1) The name and address of the
universal waste handler, destination facility, or foreign shipper from whom the
universal waste was sent;
(2) The
quantity of each type of universal waste received (e.g., lamps, ballasts, CRTs,
mercury switches); and
(3) The date
of receipt of the shipment of universal waste.
