Current through Supplement No. 394, October, 2024
1. The
transporter must deliver the entire quantity of hazardous waste which the
transporter has accepted from a generator or a transporter to:
a. The designated facility listed on the
manifest;
b. The alternate
designated facility, if the hazardous waste cannot be delivered to the
designated facility because an emergency prevents delivery;
c. The next designated transporter;
or
d. The place outside the United
States designated by the generator.
2.
Emergency condition. If the
hazardous waste cannot be delivered in accordance with subsection 1, 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.
a.
Transporters without agency authority. If the hazardous waste is
not delivered to the next designated transporter in accordance with subdivision
b of subsection 1, and the current transporter is without contractual
authorization from the generator to act as the generator's agent with respect
to transport additions or substitutions, then the current transporter shall
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:
(1) The
hazardous waste is not delivered in accordance with subdivision b of subsection
1 because of an emergency condition; or
(2) 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
(3) The generator authorizes the
revision.
b.
Transporters with agency authority. If the hazardous waste is not
delivered to the next designated transporter in accordance with subdivision b
of subsection 1, 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:
(1) 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;
(2) 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
(3) The change in designated transporters is
necessary to respond to an emergency, or for purposes of transportation
efficiency, convenience, or safety.
c. 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 subdivision b of this
subsection 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.
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:
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 33.1-24-04-06, 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 subdivisions a through f of
subsection 5 or subdivisions a through f of subsection 6 of section
33.1-24-05-39 or the applicable requirements of subsection 5 of section
33.1-24-06-16.
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 section
33.1-24-04-06, 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
subdivisions a through f of subsection 5 of section 33.1-24-05-39 or the
applicable requirements of subsection 5 of section 33.1-24-06-16.
General Authority: NDCC 23.1-04-03;
S.L.
2017, ch. 199,
§
1
Law Implemented: NDCC 23.1-04-03, 23.1-04-05;
S.L.
2017, ch. 199,
§
19