Wisconsin Administrative Code
Department of Natural Resources
NR 600-699 - Environmental Protection - Hazardous Waste Management
Chapter NR 663 - Hazardous Waste Transporter Standards
Subchapter B - Compliance with the Manifest System and Recordkeeping
Section NR 663.21 - Compliance with the manifest
Universal Citation: WI Admin Code ยง NR 663.21
Current through August 26, 2024
(1) Except as provided in sub. (2), the transporter shall deliver the entire quantity of hazardous waste that the transporter has accepted from a generator or a transporter to one of the following:
(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.
(d) The place outside the United States
designated by the generator.
(2)
(a)
Emergency condition. If the hazardous waste cannot be
delivered in accordance with s. NR 663.21(1) (a), (b), or (d) 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 instructions and must revise the manifest according
to the generator's instructions.
(b)
Transporters without agency
authority. If the hazardous waste is not delivered to the next
designated transporter in accordance with sub. (1) (c), 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 the revisions if all
of the following conditions are met:
1. The
hazardous waste is not delivered in accordance with sub. (1) (c) because of an
emergency condition.
2. 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.
3. The generator authorizes
the revision.
(c)
Transporters with agency authority. If the hazardous waste is
not delivered to the next designated transporter in accordance with sub. (1)
(c) 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 all of the following
conditions are met:
1. The current transporter
is authorized by a contractual provision that provides explicit agency
authority for the transporter to make transporter changes on behalf of the
generator.
2. The transporter
enters in item 14 of each manifest on which 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."
3. The change in designated transporters is
necessary to respond to an emergency, or for purposes of transportation
efficiency, convenience, or safety.
(d)
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 par. (c)
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 one of 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 shall retain a copy of this
manifest in accordance with s.
NR 663.22, 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 must
obtain a new manifest to accompany the shipment, and the new manifest shall
include all of the information required in s.
NR 664.0072(5) (a) to (f)
or (6) (a) to (f) or 665.0072(5) (a) to (f)
or (6) (a) to (f).
(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 shall retain a copy of the manifest in accordance
with s.
NR 663.22, 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 must obtain a new manifest for the shipment
and comply with s.
NR 664.0072(5) (a) to
(f) or 665.0072(5) (a) to
(f).
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