Current through August 26, 2024
(1) Manifest
discrepancies are:
(a) Significant
differences, as defined by sub. (2), between the quantity or type of hazardous
waste designated on the manifest or shipping paper, and the quantity or type of
hazardous waste a facility actually receives.
(b) Rejected wastes, which may be a full or
partial shipment of hazardous waste that the treatment, storage or disposal
facility cannot accept.
(c)
Container residues, which are residues that exceed the quantity limits for
empty containers set forth in s.
NR 661.0007(2).
(2) Significant discrepancies in quantity
are, for bulk waste, variations greater than 10% in weight, and for batch
waste, any variation in piece count, such as a discrepancy of one drum in a
truckload. Significant discrepancies 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.
(3) Upon
discovering a significant discrepancy, 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 15 days
after receiving the waste, the owner or operator shall immediately submit to
the department a letter describing the discrepancy and attempts to reconcile
it, and a copy of the manifest or shipping paper at issue.
(4)
(a)
Upon rejecting waste or identifying a container residue that exceeds the
quantity limits for empty containers set forth in s.
NR 661.0007(2), the facility owner or
operator shall consult with the generator prior to forwarding the waste to
another facility that can manage the waste. If it is impossible to locate an
alternative facility that can receive the waste, the facility owner or operator
may return the rejected waste or residue to the generator. The facility owner
or operator shall send the waste to the alternative facility or to the
generator within 60 days of the rejection or the container residue
identification.
(b) While the
facility owner or operator is making arrangements for forwarding rejected
wastes or residues to another facility under this section, it shall ensure that
either the delivering transporter retains custody of the waste, or the facility
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 sub. (5) or (6).
(5) Except as provided in par. (g), for full
or partial load rejections and residues that are to be sent off-site to an
alternate facility, the facility owner or operator shall prepare a new manifest
in accordance with s.
NR 662.020(1) and the following
instructions:
(a) Write the generator's EPA
ID 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, then write the generator's site address in the
designated space for Item 5.
(b)
Write the name of the alternate designated facility and the facility's EPA ID
number in the designated facility block (Item 8) of the new manifest.
(c) Copy the manifest tracking number found
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.
(d) Copy the manifest tracking number found
in Item 4 of the new manifest to the manifest reference number line in the
discrepancy block of the old manifest (Item 18a).
(e) 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 volume of waste.
(f) Sign the generator's or offeror's
certification to certify, as the offeror of the shipment, that the waste has
been 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.
(g) For full load rejections that are made
while the transporter remains present at the facility, the facility 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 space. The facility
owner or operator shall retain a copy of this manifest for its records, and
then give the remaining copies of the manifest to the transporter to accompany
the shipment. If the original manifest is not used, then the facility owner or
operator shall use a new manifest and comply with pars. (a) to
(f).
(6) Except as
provided in par. (g), for rejected wastes and residues that must be sent back
to the generator, the facility owner or operator shall prepare a new manifest
in accordance with s.
NR 662.020(1) and the following
instructions:
(a) Write the facility's EPA ID
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, then write the facility's site address in the
designated space for Item 5 of the new manifest.
(b) Write the name of the initial generator
and the generator's EPA ID number in the designated facility block (Item 8) of
the new manifest.
(c) Copy the
manifest tracking number found 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.
(d) Copy the manifest
tracking number found in Item 4 of the new manifest to the manifest reference
number line in the discrepancy block of the old manifest (Item 18a).
(e) 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 volume of waste.
(f) Sign the generator's or offeror's
certification to certify, as offeror of the shipment, that the waste has been
properly packaged, marked and labeled and is in proper condition for
transportation.
(g) For full load
rejections that are made while the transporter remains at the facility, the
facility owner or operator may return the shipment to the generator with the
original manifest by completing Item 18a and 18b of the manifest and supplying
the generator's information in the alternate facility space. The facility owner
or operator shall retain a copy for its records and then give the remaining
copies of the manifest to the transporter to accompany the shipment. If the
original manifest is not used, then the facility owner or operator shall use a
new manifest and comply with pars. (a) to (f) and (h).
(h) For full or partial load rejections and
container residues contained in non-empty containers that are returned to the
generator, the facility shall also comply with the exception reporting
requirements specified in s.
NR 662.042(1).
(7) If a facility owner or operator rejects a
waste or identifies a container residue that exceeds the quantity limits for
empty containers set forth in s.
NR 661.0007(2) after it has signed,
dated and returned a copy of the manifest to the delivering transporter or to
the generator, the facility owner or operator shall amend its copy of the
manifest to indicate the rejected wastes or residues in the discrepancy space
of the amended manifest. The facility owner or operator shall also copy the
manifest tracking number from Item 4 of the new manifest to the discrepancy
space of the amended manifest, and shall re-sign and date the manifest to
certify to the information as amended. The facility owner or operator shall
retain the amended manifest for at least 3 years from the date of amendment and
shall, within 30 days, send a copy of the amended manifest to the transporter
and generator that received copies prior to their being amended. Within 45
days, the facility owner or operator shall also send one copy of the amended
manifest to the department in an electronic format specified by the
department.
