Current through all regulations passed and filed through December 16, 2024
(A) Manifest discrepancies are:
(1) Significant differences [as described in
paragraph (B) of this rule] between the quantity or type of hazardous waste
designated on the manifest or shipping paper, and the quantity and type of
hazardous waste a facility actually receives;
(2) Rejected wastes, which may be a full or
partial shipment of hazardous waste that the treatment, storage, or disposal
facility cannot accept; or
(3)
Container residues, which are residues that exceed the quantity limits for
"empty" containers provided in paragraph (B) of rule
3745-51-07 of the Administrative
Code.
(B) Significant
differences in quantity are, for bulk waste, variations greater than ten per cent
in weight; for batch waste, any variation in piece count, such as a discrepancy
of one drum in a truckload. Significant differences in type are obvious
differences which can be discovered by inspection or waste analysis, such as
waste solvent substituted for waste acid, or toxic constituents not reported on
the manifest or shipping paper.
(C)
Upon discovering a significant difference in quantity or type, the owner or
operator shall attempt to reconcile the discrepancy with the
waste generator or transporter (e.g., with telephone conversations). If the
discrepancy is not resolved within fifteen days after receiving the waste, the
owner or operator shall immediately submit to the director a letter
describing the discrepancy and the attempts to
reconcile the
discrepancy, and a copy of the manifest or shipping paper at
issue.
(D)
(1) Upon rejecting waste or identifying a
container residue that exceeds the quantity limits for "empty" containers
provided in paragraph (B) of rule
3745-51-07 of the Administrative
Code, the owner or operator shall consult with the generator prior to forwarding
the waste to another facility that can manage the waste. If
an alternative
facility that can receive the waste is impossible to
locate, the owner or operator may return the rejected waste or residue to
the generator. The owner or operator shall send the
waste to the alternative facility or to the generator within sixty days after
the rejection or the container residue identification.
(2) While the owner or operator is making
arrangements for forwarding rejected wastes or residues to another facility
under this rule, the owner or operator shall ensure that
the delivering transporter retains
custody of the waste, or the owner or
operator shall provide for secure, temporary custody of the
waste, pending delivery of the waste to the first transporter designated on the
manifest prepared under paragraph (E) or (F) of this rule.
(E) Except as provided in paragraph (E)(7) of
this rule, for full or partial load rejections and residues that are to be sent
off-site to an alternate facility, the owner or
operator is required to prepare a new manifest in accordance with
paragraph (A) of rule
3745-52-20 of the Administrative
Code and the following instructions:
(1)
Write the generator's U.S. EPA identification number in item 1 of the new
manifest. Write the generator's name and mailing address in item 5 of the new
manifest. If the mailing address is different from the generator's site
address, write the generator's site
address in the designated space for item 5.
(2) Write the name of the alternate
designated facility and the facility's U.S. EPA identification number in the
"Designated Facility" block (item 8) of the new manifest.
(3) Copy the manifest tracking number
in item 4 of the old manifest to the
"Special Handling and Additional Information" block of the new manifest, and
indicate that the shipment is a residue or rejected waste from the previous
shipment.
(4) Copy the manifest
tracking number in item 4 of the new
manifest to the manifest reference number line in the "Discrepancy" block of
the old manifest (item 18a).
(5)
Write the U.S. department of transportation (U.S. DOT) description for the
rejected load or the residue in item 9 ("U.S. DOT Description") of the new
manifest and write the container types, quantity, and
volumes of waste.
(6) Sign the "Generator's/Offeror's
Certification" to certify, as the offeror of the shipment, that the waste
is
properly packaged, marked, and labeled, and is in proper condition for
transportation, and mail a signed copy of the manifest to the generator
identified in item 5 of the new manifest.
(7) For full load rejections that are made
while the transporter remains present at the facility, the
owner or
operator may forward the rejected shipment to the alternate facility by
completing item 18b of the original manifest and supplying the information on
the next destination facility in the "Alternate Facility" block. The
owner
or operator shall retain a copy of this manifest for
the
facility's records, and give the
remaining copies of the manifest to the transporter to accompany the shipment.
If the original manifest is not used, the the owner or operator shall use a new manifest and
comply with paragraphs (E)(1) to (E)(6) of this rule.
(F) Except as provided in paragraph (F)(7) of
this rule, for rejected wastes and residues that shall be sent
back to the generator, the owner or operator is required to prepare a new
manifest in accordance with paragraph (A) of rule
3745-52-20 of the Administrative
Code and the following instructions:
(1)
Write the facility's U.S. EPA identification number in item 1 of the new
manifest. Write the facility's name and mailing address in item 5 of the new
manifest. If the mailing address is different from the facility's site address,
write the facility's site address in
the designated space for item 5 of the new manifest.
(2) Write the name of the initial generator
and the generator's U.S. EPA identification number in the "Designated Facility"
block (item 8) of the new manifest.
(3) Copy the manifest tracking number
in item 4 of the old manifest to the
"Special Handling and Additional Information" block of the new manifest, and
indicate that the shipment is a residue or rejected waste from the previous
shipment.
(4) Copy the manifest
tracking number in item 4 of the new
manifest to the manifest reference number line in the "Discrepancy" block of
the old manifest (item 18a).
(5)
Write the DOT description for the rejected load or the residue in item 9 ("U.S.
DOT Description") of the new manifest and write the container types, quantity,
and volumes of waste.
(6) Sign the "Generator's/Offeror's
Certification" to certify, as offeror of the shipment, that the waste
is
properly packaged, marked, and labeled and is in proper condition for
transportation.
(7) For full load
rejections that are made while the transporter remains at the facility, the
owner or
operator may return the shipment to the generator with the original
manifest by completing item 18a and item 18b of the manifest and supplying the
generator's information in the "Alternate Facility" block. The
owner
or operator shall retain a copy for the facility's
records, and give the remaining copies of the manifest to
the transporter to accompany the shipment. If the original manifest is not
used, the owner or
operator shall use a new manifest and comply with paragraphs (F)(1) to
(F)(6) and (F)(8) of this rule.
(8)
For full or partial load rejections and container residues contained in
non-empty containers that are returned to the generator, the
owner
or operator also shall comply with the
exception reporting requirements in paragraph (A) of rule
3745-52-42 of the Administrative
Code.
(G) If
an owner
or operator rejects a waste or identifies a container residue that
exceeds the quantity limits for "empty" containers provided in
paragraph (B) of rule
3745-51-07 of the Administrative
Code after the
owner or operator has signed, dated, and returned a copy of the manifest
to the delivering transporter or to the generator, the
owner
or operator shall amend the facility's copy of the manifest to indicate the
rejected wastes or residues in the "Discrepancy" block of the amended manifest.
The owner or operator also shall copy the manifest tracking number from item 4 of
the new manifest to the "Discrepancy" block of the amended manifest, and
re-sign and date the manifest to
certify to the information as amended. The owner or operator shall retain the
amended manifest for at least three years after the date of
amendment, and within thirty days,
shall send a copy of the amended manifest to the
transporter and to the generator that received copies prior to
the manifest's amedndment.
[Comment: For dates of non-regulatory
government publications, publications of recognized organizations and
associations, federal rules, and federal statutory provisions referenced in
this rule, see rule
3745-50-11 of the Administrative
Code titled "Incorporated by reference."]