(a) If a facility
receives hazardous waste accompanied by a manifest, the owner or operator, or
his agent, must:
(1) Sign and date each copy
of the manifest to certify that the hazardous waste covered by the manifest was
received;
(2) Note any significant
discrepancies in the manifest (as defined in subsection
11-265-72(a)) on each
copy of the manifest;
(Comment: The department does not intend that the owner or
operator of a facility whose procedures under section 11-265-13(c) include
waste analysis must perform that analysis before signing the manifest and
giving it to the transporter. Subsection 11-265-72(b), however, requires
reporting an unreconciled discrepancy discovered during later analysis.)
(3) Immediately give the
transporter at least one copy of the signed manifest;
(4) Within thirty days after the delivery,
send a copy of the manifest to the generator; and
(5) Retain at the facility a copy of each
manifest for at least three years from the date of delivery.
(b) 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 his agent, must:
(1) 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;
(2) Note any significant
discrepancies (as defined in subsection
11-265-72(a)) in the manifest or
shipping paper (if the manifest has not been received) on each copy of the
manifest or shipping paper;
(Comment: The department does not intend that the owner or
operator of a facility whose procedures under section 11-265-13(c) include
waste analysis must perform that analysis before signing the shipping paper and
giving it to the transporter. Subsection 11-265-72(b), however, requires
reporting an unreconciled discrepancy discovered during later analysis.)
(3) 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);
(4) Within thirty days after the delivery,
send a copy of the signed and dated manifest to the generator; however, if the
manifest has not been received within thirty days after delivery, the owner or
operator, or his agent, must send a copy of the shipping paper signed and dated
to the generator; and
(Comment: Subsection 11-262-23(c) requires the generator
to send three copies of the manifest to the facility when hazardous waste is
sent by rail or water (bulk shipment).)
(5) 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 three years from the date of delivery.
(c) Whenever a shipment of
hazardous waste is initiated from a facility, the owner or operator of that
facility must comply with the requirements of chapter 11-262.
(Comment: The provisions of section 11-262-34 are
applicable to the on-site accumulation of hazardous wastes by generators.
Therefore, the provisions of section 11-262-34 only apply to owners or
operators who are shipping hazardous waste which they generated at that
facility.)
(d) Within three
working days of the receipt of a shipment subject to subchapter H of chapter
11-262, the owner or operator of the facility must provide a copy of the
tracking document bearing all required signatures to the notifier, to the
Office of Enforcement and Compliance Assurance, Office of Compliance,
Enforcement Planning, Targeting and Data Division (2222A), United States
Environmental Protection Agency, 401 M St., SW., Washington, DC 20460, and to
competent authorities of all other concerned countries. The original copy of
the tracking document must be maintained at the facility for at least three
years from the date of signature.
