Current through March 20, 2024
006.01 Manifest
requirement
A transporter may not accept hazardous waste from a generator
unless the transporter is also provided with a manifest signed in accordance
with the requirements of Chapter 10, 002.
006.01A Exports. In the case of exports other
than those subject to subpart H of 40 CFR 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 Acknowledgement of Consent; and unless, in
addition to a manifest signed by the generator as provided in this section, the
transporter shall also be provided with an EPA Acknowledgement of Consent
which, except for shipments by rail, is attached to the manifest (or shipping
paper for exports by water (bulk shipment)). For exports of hazardous waste
subject to the requirements of subpart H of 40 CFR part 262, a transporter may
not accept hazardous waste without a tracking document that includes all
information required by
40 CFR
262.84.
006.02 Before transporting the hazardous
waste, the transporter shall sign and date the manifest acknowledging
acceptance of the hazardous waste from the generator. The transporter shall
return a signed copy to the generator before leaving the generator's
property.
006.03 The transporter
must ensure that the manifest accompanies the hazardous waste. In the case of
exports, the transporter must ensure that a copy of the EPA Acknowledgment of
Consent also accompanies the hazardous waste.
006.04 A transporter who delivers a hazardous
waste to another transporter or to the designated facility shall obtain the
date of delivery and the hand written signature of that transporter or of the
owner or operator of the designated facility on the manifest, shall retain one
copy of the manifest in accordance with Section 007 of
this Chapter, and shall give the remaining copies of the manifest to the
accepting transporter or designated facility.
006.05 The requirements of Sections
006.03, 006.04, and
006.06, of this Chapter do not apply to water (bulk
shipment) transporters if:
006.05A The
hazardous waste is delivered by water (bulk shipment) to the designated
facility; and
006.05B A shipping
paper containing all the information required on the manifest (excluding the
DEQ/EPA Identification Numbers, generator certification and signatures) and,
for exports, an EPA Acknowledgment of Consent accompanies the hazardous waste;
and
006.05C The delivering
transporter obtains the date of delivery and hand written signature of the
owner or operator of the designated facility on either the manifest or the
shipping paper; and
006.05D The
person delivering the hazardous waste to the initial water (bulk shipment)
transporter obtains the date of delivery and signature of the water (bulk
shipment) transporter on the manifest and forwards it to the designated
facility; and
006.05E A copy of the
shipping paper or manifest is retained by each water (bulk shipment)
transporter in accordance with Section 007 of this
Chapter.
006.06 For
shipments involving rail transportation, the following requirements apply
instead of Sections 006.03,
006.04 and 006.05:
006.06A When accepting hazardous waste from a
non-rail transporter, the initial rail transporter must:
006.06A1 Sign and date the manifest
acknowledging acceptance of the hazardous waste;
006.06A2 Return a signed copy of the manifest
to the non-rail transporter;
006.06A3 Forward at least three copies of the
manifest to:
006.06A3(a) The next non-rail
transporter, if any; or
006.06A3(b)
The designated facility, if the shipment is delivered to that facility by rail;
or
006.06A3(c) The last rail
transporter designated to handle the waste in the United States.
006.06A3(d) Retain one copy of the manifest
and rail shipping paper in accordance with Section 007
of this Chapter.
006.06B Rail transporters must ensure that a
shipping paper containing all the information required on the manifest
(excluding the DEQ/EPA Identification Numbers, generator certification, and
signatures) and for exports, an EPA Acknowledgment of Consent, accompanies the
hazardous waste at all times.
006.06C When delivering hazardous waste to
the designated facility, a rail transporter must:
006.06C1 Obtain the date of delivery and hand
written signature of the owner or operator of the designated facility on the
manifest or the shipping paper (if the manifest has not been received by the
facility); and
006.06C2 Retain a
copy of the manifest or signed shipping paper in accordance with Section
007 of this Chapter.
006.06D When delivering hazardous waste to a
non-rail transporter, a rail transporter must:
006.06D1 Obtain the date of delivery and the
signature of the next non-rail transporter on the manifest; and
006.06D2 Retain a copy of the manifest in
accordance with Section 007 of this
Chapter.
006.06E Before
accepting hazardous waste from a rail transporter, a non-rail transporter must
sign and date the manifest and provide a copy to the rail
transporter.
006.07
Transporters who transport hazardous waste out of the United States must:
006.07A Sign and date the manifest in the
International Shipments block to indicate the date that the shipment left the
United States;
006.07B Retain one
copy in accordance with Section 007.01 of this
chapter.
006.07C Return a signed
copy of the manifest to the generator; and
006.07D Give a copy of the manifest to a U.S.
Customs official at the point of departure from the United States.
006.08 A transporter must not
transport hazardous waste not properly labeled or hazardous waste containers
which are leaking or appear to be damaged, since this material becomes the
transporter's responsibility during transport.
006.09 The transporter shall deliver the
entire quantity of hazardous waste accepted from a generator or a transporter
to the designated facility listed on the manifest; or the alternate designated
facility, if the hazardous waste cannot be delivered to the designated facility
because an emergency prevents delivery; or the next designated transporter; or
the place outside the United States designated by the generator.
006.10 If the hazardous waste cannot be
delivered in accordance with Section
006.09 of this chapter, because of
an emergency condition other than rejection of the waste by the designated
facility, then the transporter must contact the generator for further
directions and must revise the manifest according to the generator's
instructions.
006.10A 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:
006.10A1 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 007 of this chapter, 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 required information in
40 CFR Part
264.72(e)(1) through (6) or (f)(1) through
(6), as incorporated by reference in Chapter
21, 005, or Part
265.72(e)(1) through (6) or (f)(1) through
(6), as incorporated by reference in Chapter
22, 005.
006.10A2 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 Section
007 of this chapter, 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 40 CFR Part
264.72(e)(1) through
(6), as incorporated by reference in Chapter
21, 005, or Part
265.72(e)(1) through
(6), as incorporated by reference in Chapter
22, 005.
006.11 If a transporter has a discharge of
hazardous waste the transporter will comply with Chapter 23 of these
regulations and all other applicable laws and regulations.
006.12 A transporter transporting hazardous
waste from a small quantity generator need not comply with the requirements of
this Chapter provided that:
006.12A The waste
is being transported pursuant to a reclamation agreement as provided for in
Chapter 9, 007.06.
006.12B The transporter records, on a log or
shipping paper, the following information for each shipment:
006.12B1 The name, address, and DEQ/EPA
Identification Number of the generator of the waste;
006.12B2 The quantity of waste
accepted;
006.12B3 All DOT required
shipping information;
006.12B4 The
date the waste is accepted; and
006.12C The transporter carries this record
when transporting waste to the reclamation facility; and
006.12D The transporter retains these records
for a period of at least three years after termination or expiration of the
agreement.