Current through August 26, 2024
(1)
(a) If a facility receives hazardous waste
accompanied by a manifest, the owner or operator, or an agent, shall sign and
date each copy of the manifest as indicated in par. (b) to certify that the
hazardous waste covered by the manifest was received, that the hazardous waste
was received except as noted in the discrepancy space of the manifest, or that
the hazardous waste was rejected as noted in the manifest discrepancy
space.
(b) If a facility receives a
hazardous waste shipment accompanied by a manifest, the owner, operator or an
agent shall do all of the following:
1. Sign
and date each copy of the manifest.
2. Note any discrepancies, as defined in s.
NR 665.0072(1), on each copy of the
manifest.
3. Immediately give the
transporter at least one copy of the manifest.
4. Within 30 days of delivery, send a copy of
page 2 of the manifest to the generator.
5. Submit paper manifests according to all
the following requirements:
a. Beginning on
June 30, 2018, send page 1 of any paper manifest and any paper continuation
sheet to the e-manifest system for purposes of data entry and processing, or in
lieu of submitting the paper copy to EPA, the owner or operator may transmit to
the EPA system an image file of page 1 of the manifest and any continuation
sheet, or both a data file and image file corresponding to page 1 of the
manifest and any continuation sheet, within 30 days of the date of delivery.
Submissions of copies to the e-manifest system shall be made at the mailing
address or electronic mail submission address specified at the e-manifest
program website's directory of services. Beginning on June 30, 2021, EPA will
not accept mailed paper manifests from facilities for processing in
e-manifest.
b. Beginning on June
30, 2021, the requirement to submit page 1 of the paper manifest and any paper
continuation sheet to the e-manifest system for purposes of data entry and
processing may be met by the owner or operator only by transmitting to the EPA
system an image file of page 1 of the manifest and any continuation sheet, or
by transmitting to the EPA system both a data file and the image file
corresponding to page 1 of the manifest and any continuation sheet, within 30
days of the date of delivery. Submissions of copies to the e-manifest system
shall be made to the electronic mail submission address specified at the
e-manifest program website's directory of services.
6. Retain at the facility a copy of each
manifest for at least 3 years from the date of delivery.
(c) The owner or operator of a facility that
receives hazardous waste subject to subch. H of ch. NR 662 from a foreign
source shall do all of the following:
1.
Additionally list the relevant consent number from consent documentation
supplied by EPA to the facility for each waste listed on the manifest, matched
to the relevant list number for the waste from block 9b. If additional space is
needed, the owner or operator should use a continuation sheet, EPA Form
8700-22A.
2. Send a copy of the
manifest within 30 days of delivery to EPA using the addresses listed in s.
NR 662.082(5) until the facility can
submit such a copy to the e-manifest system under par. (b)
5.
(2) If a
facility receives, from a rail or water (bulk shipment) transporter, hazardous
waste which is accompanied by a shipping paper containing all the information
required on the manifest (excluding the EPA identification numbers, generator's
certification and signatures), the owner or operator, or an agent, shall do all
of the following:
(a) Sign and date each copy
of the manifest or shipping paper (if the manifest has not been received) to
certify that the hazardous waste covered by the manifest or shipping paper was
received.
(b) Note any significant
discrepancies (as defined in s.
NR 665.0072(1)) in the manifest or
shipping paper (if the manifest has not been received) on each copy of the
manifest or shipping paper.
Note: The department does not intend that the
owner or operator of a facility whose procedures under s.
NR 665.0013(3) include waste analysis
shall perform that analysis before signing the shipping paper and giving it to
the transporter. Section
NR 665.0072(2), however, requires
reporting an unreconciled discrepancy discovered during later
analysis.
(c) Immediately
give the rail or water (bulk shipment) transporter at least one copy of the
manifest or shipping paper (if the manifest has not been received).
(d) Within 30 days after the delivery, send a
copy of the signed and dated manifest or a signed and dated copy of the
shipping paper (if the manifest has not been received within 30 days after
delivery) to the generator and, within 45 days, send one copy of the manifest
to the department in an electronic format specified by the department.
Note: Section
NR 662.023(3) requires the generator to
send 3 copies of the manifest to the facility when hazardous waste is sent by
rail or water (bulk shipment).
(e) Retain at the facility a copy of the
manifest and shipping paper (if signed in lieu of the manifest at the time of
delivery) for at least 3 years from the date of delivery.
(f) Pay a manifest fee for each manifest
submitted, as designated in ch. NR 670 Appendix II. The department will bill
each facility annually for accumulated manifest review fees.
(3) Whenever a shipment
of hazardous waste is initiated from a facility, the owner or operator of that
facility shall comply with the requirements under ch. NR 662. The provisions
under ss. NR 662.015, 662.016, and 662.017 are applicable to the on-site
accumulation of hazardous wastes by generators. Therefore, the provisions under
ss. NR 662.015, 662.016, and 662.017 only apply to owners or operators who are
shipping hazardous waste which they generated at that facility or operating as
a large quantity generator consolidating hazardous waste from very small
quantity generators under s. NR 662.017(6).
(4) In accordance with s.
NR 662.084(4)
(b) 15., within 3 working days of the receipt
of a shipment subject to subch. H of ch. NR 662, the owner or operator of a
facility shall provide a copy of the movement document bearing all required
signatures to the foreign exporter; to the competent authorities of the
countries of export and transit that control the shipment as an export and
transit of hazardous waste respectively; and on or after the electronic
import-export reporting compliance date, to EPA electronically using EPA's
waste import export tracking system, or its successor system. The original copy
of the movement document shall be maintained at the facility for at least 3
years from the date of signature. The owner or operator of a facility may
satisfy this recordkeeping requirement by retaining electronically submitted
documents in the facility's account on EPA's waste import export tracking
system, or its successor system, provided that copies are readily available for
viewing and production if requested by any EPA or department. No owner or
operator of a facility shall be held liable for the inability to produce the
documents for inspection under this section if the owner or operator of a
facility can demonstrate that the inability to produce the document is due
exclusively to technical difficulty with EPA's waste import export tracking
system, or its successor system, for which the owner or operator of a facility
bears no responsibility.
(5) The
owner or operator of a facility shall determine whether the consignment state
for a shipment regulates any additional wastes (beyond those regulated
federally) as hazardous wastes under its state hazardous waste program. The
owner or operator of a facility shall also determine whether the consignment
state or generator state requires the facility to submit any copies of the
manifest to these states.
(6) An
electronic manifest that is obtained, completed, and transmitted in accordance
with s.
NR 662.020(1)
(c), and used in accordance with this
paragraph in lieu of the paper manifest form is the legal equivalent of paper
manifest forms bearing handwritten signatures, and satisfies for all purposes
any requirement in these regulations to obtain, complete, sign, provide, use,
or retain a manifest. Legal equivalence to paper manifests include the
following:
(a) Any requirement for the owner
or operator of a facility to sign a manifest or manifest certification by hand,
or to obtain a handwritten signature, is satisfied by signing with or obtaining
a valid and enforceable electronic signature within the meaning specified in
40 CFR
262.25(a) and s. NR
662.025(1).
(b) Any requirement to
give, provide, send, forward, or to return to another person a copy of the
manifest is satisfied when a copy of an electronic manifest is transmitted to
the other person.
(c) Any
requirement for a manifest to accompany a hazardous waste shipment is satisfied
when a copy of an electronic manifest is accessible during transportation and
forwarded to the person or persons who are scheduled to receive delivery of the
waste shipment.
(d) Any requirement
for an owner or operator to keep or retain a copy of each manifest is satisfied
by the retention of the facility's electronic manifest copies in its account on
the e-manifest system, provided that the copies are readily available for
viewing and production if requested by the department.
(e) No owner or operator may be held liable
for the inability to produce an electronic manifest for inspection under this
section if the owner or operator can demonstrate that the inability to produce
the electronic manifest is due exclusively to a technical difficulty with EPA's
electronic manifest system for which the owner or operator bears no
responsibility.
(7) An
owner or operator may participate in the electronic manifest system either by
accessing the electronic manifest system from the owner's or operator's
electronic equipment, or by accessing the electronic manifest system from
portable equipment brought to the owner's or operator's site by the transporter
who delivers the waste shipment to the facility.
(8) If a facility receives hazardous waste
that is accompanied by a paper replacement manifest for a manifest that was
originated electronically, all of the following procedures apply to the
delivery of the hazardous waste by the final transporter:
(a) Upon delivery of the hazardous waste to
the designated facility, the owner or operator shall sign and date each copy of
the paper replacement manifest by hand in Item 20, designated facility
certification of receipt, and note any discrepancies in Item 18, discrepancy
indication space, of the paper replacement manifest.
(b) The owner or operator of the facility
shall return one copy of the paper replacement manifest to the final
transporter.
(c) Within 30 days of
delivery of the waste to the designated facility, the owner or operator of the
facility shall send one signed and dated copy of the paper replacement manifest
to the generator, and send an additional signed and dated copy of the paper
replacement manifest to the electronic manifest system.
(d) The owner or operator of the facility
shall retain at the facility one copy of the paper replacement manifest for at
least 3 years from the date of delivery.
(9) If an owner or operator using an
electronic manifest signs the manifest electronically using an electronic
signature method which is undergoing pilot or demonstration tests aimed at
demonstrating the practicality or legal dependability of the signature method,
then the owner or operator shall also sign with an ink signature the facility's
certification of receipt or discrepancies on the printed copy of the manifest
provided by the transporter. Upon executing its ink signature on the printed
copy, the owner or operator shall retain the original copy among its records
for at least 3 years from the date of delivery of the waste.
(10)
(a) As
prescribed in
40 CFR
265.1311, and determined in
40 CFR
265.1312, an owner or operator who is a user
of the electronic manifest system shall be assessed a user fee by EPA for the
submission and processing of each electronic and paper manifest. EPA shall
update the schedule of user fees and publish them to the user community, as
provided in
40 CFR
265.1313.
(b) An owner or operator subject to user fees
under this section shall make user fee payments in accordance with the
requirements of
40 CFR
265.1314, subject to the informal fee dispute
resolution process of
40 CFR
265.1316, and subject to the sanctions for
delinquent payments under
40 CFR
265.1315.
(11) Electronic manifest signatures shall
meet the criteria described in
40 CFR
262.25 and s. NR 662.025.
(12) After facilities have certified to the
receipt of hazardous wastes by signing Item 20 of the manifest, any
post-receipt data corrections may be submitted at any time by any interested
person, for example the waste handler, shown on the manifest. The person
submitting the corrections shall do all of the following:
(a) Interested persons must make all
corrections to manifest data by electronic submission, either by directly
entering corrected data to the web-based service provided in e-manifest for the
corrections, or by an upload of a data file containing data corrections
relating to one or more previously submitted manifests.
(b) Each correction submission shall include
all of the following information:
1. The
Manifest Tracking Number and date of receipt by the facility of the original
manifest for which data are being corrected.
2. The item numbers of the original manifest
that is the subject of the submitted corrections.
3. For each item number with corrected data,
the data previously entered and the corresponding data as corrected by the
correction submission.
(c) Each correction submission shall include
a statement that the person submitting the corrections certifies that to the
best of his or her knowledge or belief, the corrections that are included in
the submission will cause the information reported about the previously
received hazardous wastes to be true, accurate, and complete in accordance with
all of the following:
1. The certification
statement must be executed with a valid electronic signature.
2. A batch upload of data corrections may be
submitted under one certification statement.
(d) Upon receipt by the system of any
correction submission, other interested persons shown on the manifest will be
provided electronic notice of the submitter's corrections.
(e) Other interested persons shown on the
manifest may respond to the submitter's corrections with comments to the
submitter, or by submitting another correction to the system, certified by the
respondent as specified in par. (c), and with notice of the corrections to
other interested persons shown on the manifest.
