Haw. Code R. §§ 11-262.42 - Exception reporting
(a)
(1) A generator of 1,000 kilograms or greater
of hazardous waste in a calendar month, or greater than 1 kg of acute hazardous
waste listed in § 261.31 or § 261.33(e) in a calendar month, who does
not receive a copy of the manifest with the handwritten signature of the owner
or operator of the designated facility within 35 days of the date the waste was
accepted by the initial transporter must contact the transporter and/or the
owner or operator of the designated facility to determine the status of the
hazardous waste.
(2) A generator of
1,000 kilograms or greater of hazardous waste in a calendar month, or greater
than 1 kg of acute hazardous waste listed in § 261.31 or § 261.33(e)
in a calendar month, must submit an Exception Report to the director if he has
not received a copy of the manifest with the handwritten signature of the owner
or operator of the designated facility within 45 days of the date the waste was
accepted by the initial transporter. The Exception Report must include:
(i) A legible copy of the manifest for which
the generator does not have confirmation of delivery;
(ii) A cover letter signed by the generator
or his authorized representative explaining the efforts taken to locate the
hazardous waste and the results of those efforts.
(b) A generator of greater than
100 kilograms but less than 1000 kilograms of hazardous waste in a calendar
month who does not receive a copy of the manifest with the handwritten
signature of the owner or operator of the designated facility within 60 days of
the date the waste was accepted by the initial transporter must submit a
legible copy of the manifest, with some indication that the generator has not
received confirmation of delivery, to the director.
Note: The submission to [the] state department of health need only be a handwritten or typed note on the manifest itself, or on an attached sheet of paper, stating that the return copy was not received.
(c) For rejected shipments of
hazardous waste or container residues contained in nonempty containers that are
forwarded to an alternate facility by a designated facility using a new
manifest (following the procedures of
40 CFR
264.72(e)(1) through (6) or
40 CFR
265.72(e)(1) through (6)),
the generator must comply with the requirements of paragraph (a) or (b) of this
section, as applicable, for the shipment forwarding the material from the
designated facility to the alternate facility instead of for the shipment from
the generator to the designated facility. For purposes of paragraph (a) or (b)
of this section for a shipment forwarding such waste to an alternate facility
by a designated facility:
(1) The copy of the
manifest received by the generator must have the handwritten signature of the
owner or operator of the alternate facility in place of the signature of the
owner or operator of the designated facility, and
(2) The 35/45/60-day timeframes begin the
date the waste was accepted by the initial transporter forwarding the hazardous
waste shipment from the designated facility to the alternate
facility.
Notes
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