Utah Administrative Code
Topic - Environmental Quality
Title R315 - Waste Management and Radiation Control, Waste Management
Rule R315-263 - Standards Applicable to Transporters of Hazardous Waste and Standards Applicable to Emergency Control of Spills for All Hazardous Waste Handlers
Section R315-263-21 - Compliance with the Manifest
Universal Citation: UT Admin Code R 315-263-21
Current through Bulletin 2024-06, March 15, 2024
(a) Except as provided in Subsection R315-263-21(b), the transporter shall deliver the entire quantity of hazardous waste which the transporter has accepted from a generator or a transporter to:
(1) The
designated facility listed on the manifest; or
(2) The alternate designated facility, if the
hazardous waste cannot be delivered to the designated facility because an
emergency prevents delivery; or
(3)
The next designated transporter; or
(4) The place outside the United States
designated by the generator.
(b)
(1)
Emergency Condition. If the hazardous waste cannot be delivered in accordance
with Subsection R315-263-21(a)(1), (2) or (4) 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 instructions 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 Subsection R315-263-21(a)(3), 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 must 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:
(i) The hazardous waste is not
delivered in accordance with Subsection R315-263-21(a)(3) because of an
emergency condition; or
(ii) The
current transporter proposes to change the transporters 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
(iii)
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 Subsection R315-263-21(a)(3), 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:
(i) 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;
(ii)
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
(iii) 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 Subsection
R315-263-21(b)(3) does not affect the generator's liability or responsibility
for complying with any applicable requirement under Rules R315-260 through
R315-266, R315-268, R315-270 and R315-273, 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 shall 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 Section
R315-263-22, 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 shall obtain a new manifest to accompany the
shipment, and the new manifest shall include all of the information required in
Subsections
R315-264-72(e)(1) through
(6) or (f)(1) through (6) or Subsections
R315-265-72(e)(1)
through (6) or (f)(1) through (6).
(ii) [(i)] 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 shall be delivered.
The transporter shall retain a copy of the manifest in accordance with Section
R315-263-22, 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
shall obtain a new manifest for the shipment and comply with Subsection
R315-264-72(e)(1) through
(6) or
R315-265-72(e)(1)
through (6).
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