Ohio Administrative Code
Title 3745 - Ohio Environmental Protection Agency
Chapter 3745-53 - Transporter Standards
Section 3745-53-21 - Compliance with the manifest
Universal Citation: OH Admin Code 3745-53-21
Current through all regulations passed and filed through December 16, 2024
(A) Except as provided in paragraph (B) of this rule, the transporter shall deliver the entire quantity of hazardous waste which the transporter has accepted from a generator or transporter to any of the following:
(1) The designated facility
listed on the manifest.
(2) The
alternate designated facility, if the hazardous waste cannot be delivered to
the designated facility because an emergency prevents delivery.
(3) The next designated transporter.
(4) The place outside the United States
designated by the generator.
(B) Exceptions to delivery to specified locations.
(1)
Emergency condition. If the hazardous waste
cannot be delivered in accordance with paragraph (A)(1), (A)(2), or
(A)(4) of this rule because of an emergency condition other than
rejection of the waste by the designated facility or
alternate designated facility, then the transporter
shall
contact the generator for further directions and shall 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 rule, 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 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:
(a)
The hazardous waste is not delivered in accordance with
proof this rule because of an emergency condition; praragraph (A)(3)
(b)
The
current transporter proposes to change the transporter 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
(c)
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 rule, and
the current transporter has authorization from the generator to act as the
generator's agent, then the current transporter may change the transporter
designated on the manifest, or add a new transporter, during transportation
without the generator's prior, explicit approval, provided that all of the
following are met:
(a)
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.
(b)
The transporter
enters in item 14 of each manifest for which such a change is made, the
following statement of the transporter's agency authority: "contract retained
by generator confers agency authority on initial transporter to add or
substitute additional transporters on generator's behalf."
(c)
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 rule does not affect
the generator's liability or responsibility to comply with any applicable
requirement under Chapter 3745. of the Revised Code, 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 shall 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 shall retain a copy of this manifest in accordance
with rule
3745-53-22 of the Administrative
Code, 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
the rejected part
of the shipment or regulated container residue to the generator, the
transporter shall obtain a new manifest to accompany the shipment,
and the new manifest shall include all of the information required in
either paragraphs (E)(1) to (E)(6) or (F)(1) to
(F)(6) of rule
3745-54-72 of the Administrative
Code or paragraphs (E)(1) to (E)(6) or (F)(1) to (F)(6) of rule
3745-65-72 of the Administrative
Code.
(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, telephone number, and U.S. EPA identification number
for the alternate facility or generator to whom the shipment
shall be
delivered. The transporter shall retain a copy of the manifest in accordance with
rule 3745-53-22 of the Administrative
Code, and give a copy of the manifest that
contains this information to the rejecting designated facility. If the
original manifest is not used, then the transporter shall obtain a
new manifest for the shipment and comply with either paragraphs (E)(1) to (E)(6) of rule
3745-54-72 of the Administrative
Code or paragraphs (E)(1) to (E)(6) of rule
3745-65-72 of the Administrative
Code.
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