Haw. Code R. § 11-263-20 - The manifest system
(a) A transporter
may not accept hazardous waste from a generator unless it is accompanied by a
manifest signed in accordance with the provisions of section 11-262-20. In the
case of exports other than those subject to subchapter H of chapter 11-262, a
transporter may not accept such waste from a primary exporter or other person
if he or she knows the shipment does not conform to the EPA Acknowledgment of
Consent; and unless, in addition to a manifest signed in accordance with the
provisions of section 11-262-20, such waste is also accompanied by an EPA
Acknowledgment of Consent which, except for shipment by rail, is attached to
the manifest (or shipping paper for exports by water (bulk shipment)). For
exports of hazardous waste subject to the requirements of chapter
11-262, subchapter H, a transporter
may not accept hazardous waste without a tracking document that includes all
information required by section 11-262-84.
(b) Before transporting the hazardous waste,
the transporter must sign and date the manifest acknowledging acceptance of the
hazardous waste from the generator. The transporter must return a signed copy
to the generator before leaving the generator's property.
(c) The transporter must ensure that the
manifest accompanies the hazardous waste. In the case of exports, the
transporter must ensure that a copy of the EPA Acknowledgment of Consent also
accompanies the hazardous waste.
(d) A transporter who delivers a hazardous
waste to another transporter or to the designated facility must:
(1) Obtain the date of delivery and the
handwritten signature of that transporter or of the owner or operator of the
designated facility on the manifest; and
(2) Retain one copy of the manifest in
accordance with section 11-263-22; and
(3) Give the remaining copies of the manifest
to the accepting transporter or designated facility.
(e) The requirements of subsections (c), (d)
and (f) do not apply to water (bulk shipment) transporters if:
(1) The hazardous waste is delivered by water
(bulk shipment) to the designated facility; and
(2) A shipping paper containing all the
information required on the manifest (excluding the EPA identification numbers,
generator certification, and signatures) and, for exports, an EPA
Acknowledgment of Consent accompanies the hazardous waste; and
(3) The delivering transporter obtains the
date of delivery and handwritten signature of the owner or operator of the
designated facility on either the manifest or the shipping paper; and
(4) The person delivering the hazardous waste
to the initial water (bulk shipment) transporter obtains the date of delivery
and signature of the water (bulk shipment) transporter on the manifest and
forwards it to the designated facility; and
(5) A copy of the shipping paper or manifest
is retained by each water (bulk shipment) transporter in accordance with
section 11-263-22.
(f)
For shipments involving rail transportation, the requirements of subsections
(c), (d) and (e) do not apply and the following requirements do apply:
(1) When accepting hazardous waste from a
non-rail transporter, the initial rail transporter must:
(i) Sign and date the manifest acknowledging
acceptance of the hazardous waste;
(ii) Return a signed copy of the manifest to
the non-rail transporter;
(iii)
Forward at least three copies of the manifest to:
(A) The next non-rail transporter, if any;
or,
(B) The designated facility, if
the shipment is delivered to that facility by rail; or
(C) The last rail transporter designated to
handle the waste in the United States;
(iv) Retain one copy of the manifest and rail
shipping paper in accordance with section 11-263-22.
(2) Rail transporters must ensure that a
shipping paper containing all the information required on the manifest
(excluding the EPA identification numbers, generator certification, and
signatures) and, for exports an EPA Acknowledgment of Consent accompanies the
hazardous waste at all times.
(3)
When delivering hazardous waste to the designated facility, a rail transporter
must:
(i) Obtain the date of delivery and
handwritten signature of the owner or operator of the designated facility on
the manifest or the shipping paper (if the manifest has not been received by
the facility); and
(ii) Retain a
copy of the manifest or signed shipping paper in accordance with section
11-263-22.
(4) When
delivering hazardous waste to a non-rail transporter a rail transporter must:
(i) Obtain the date of delivery and the
handwritten signature of the next non-rail transporter on the manifest;
and
(ii) Retain a copy of the
manifest in accordance with section 11-263-22.
(5) Before accepting hazardous waste from a
rail transporter, a non-rail transporter must sign and date the manifest and
provide a copy to the rail transporter.
(g) Transporters who transport hazardous
waste out of the United States must:
(1)
Indicate on the manifest the date the hazardous waste left the United States;
and
(2) Sign the manifest and
retain one copy in accordance with subsection 11-263-22(c); and
(3) Return a signed copy of the manifest to
the generator; and
(4) Give a copy
of the manifest to a U.S. Customs official at the point of departure from the
United States.
(h) A
transporter transporting hazardous waste from a generator who generates greater
than one-hundred kilograms but less than one-thousand kilograms of hazardous
waste in a calendar month need not comply with the requirements of this section
or those of section 11-263-22 provided that:
(1) The waste is being transported pursuant
to a reclamation agreement as provided for in subsection
11-262-20(e);
(2) The transporter
records, on a log or shipping paper, the following information for each
shipment:
(i) The name, address, and U.S. EPA
identification number of the generator of the waste;
(ii) The quantity of waste
accepted;
(iii) All U.S. Department
of Transportation-required shipping information;
(iv) The date the waste is accepted;
and
(3) The transporter
carries this record when transporting waste to the reclamation facility;
and
(4) The transporter retains
these records for a period of at least three years after termination or
expiration of the agreement.
Notes
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