NOTE: Additional requirements for generators appear in other
rules of the Department dealing with specific aspects of hazardous waste
management. See, for example, Standards for Generators of Hazardous
Waste, 06-096 C.M.R. ch. 851; Land Disposal
Restrictions, 06-096 C.M.R. ch. 852; Standards for Hazardous
Waste Facilities, 06-096 C.M.R. ch. 854; and Licensing of
Hazardous Waste Facilities, 06-096 C.M.R. ch. 856.
A. A generator of hazardous waste who
transports, or offers for transport, hazardous waste for handling shall:
(1) Complete the generator portion of the
manifest in accordance with the manifest's instructions, including a signature
by the generator.
(a) A generator shall
designate on the manifest one waste facility for hazardous waste authorized to
handle the waste covered by the manifest under a State hazardous waste program
approved by the EPA or under the Federal hazardous waste program, or otherwise
meeting the definition of designated facility in this Chapter.
(b) A generator may also designate on the
manifest one alternate waste facility authorized to handle the hazardous waste
covered by the manifest under a State hazardous waste program approved by the
EPA or under the Federal hazardous waste program. The waste may be delivered to
the alternate facility in the event that an emergency prevents its delivery to
the primary designated facility.
(c) If the generator is also the transporter
for all or part of the waste's transport, the generator shall also complete the
appropriate transporter portion of the manifest.
(d) A generator shall identify and list each
waste separately on the manifest.
NOTE: Lab packs containing hazardous wastes are not exempted
from this requirement.
(e)
Special procedures when electronic manifest is unavailable: If
a generator has prepared an electronic manifest for a hazardous waste shipment,
but the electronic manifest system becomes unavailable for any reason prior to
the time that the initial transporter has signed electronically to acknowledge
the receipt of the hazardous waste from the generator, then the generator shall
obtain and complete a paper manifest (EPA Form 8700-22) and if necessary, a
continuation sheet (EPA Form 8700-22A) in accordance with the manifest
instructions, and use these paper forms from this point forward in accordance
with the requirements of this Chapter.
(2) After having obtained the transporter's
signature and date of acceptance thereon, remove the Generator's Initial Copy
and give the remaining copies of the manifest to the transporter, or for
e-Manifests by submission to EPA's electronic manifest system in accordance
with Section
5(F)(3) of this
Chapter.
NOTE: If a continuing transporter is used, the generator is
responsible for supplying the transporter with a legible photocopy of the
manifest which must contain signatures where required.
(3) Retain the signed Generator's Initial
Copy of the manifest or retain the e-Manifest on the generator's e-Manifest
System account for at least three (3) years or until the completed and signed
Designated Facility to Generator copy or equivalent e-Manifest is returned to
the generator by the designated facility which received the waste. The
Designated Facility to Generator copy must be retained by the generator for at
least three (3) years, or for e-Manifests retain by submission to EPA's
electronic manifest system in accordance with Section
5(F)(4) of this
Chapter.
NOTE: The Designated Facility to Generator copy of the
manifest is the copy signed by the generator, all transporters and the owner or
operator of the designated facility which received the waste.
B. A generator, by
generating hazardous waste and initiating its transport, agrees to its return
as a rejected load or residue in accordance with the manifest discrepancy
provisions of
40 C.F.R. §264.72 and
40 C.F.R. §265.72. Upon return of
the hazardous waste, the generator shall accept any of the waste which cannot
be delivered to a designated facility and shall:
(1) Sign Item 18c of the manifest, if the
transporter returned the shipment using the original manifest; or sign Item 20
of the manifest, if the transporter returned the shipment using a new manifest;
(2) Provide a copy of the manifest
to the transporter, or for e-Manifests by submission to EPA's electronic
manifest system in accordance with Section
5(F)(3) of this
Chapter;
(3) Within thirty (30)
days of delivery of the rejected shipment or container residues contained in
non-empty containers, send a copy of the manifest to the designated facility
that returned the shipment to the generator, or for e-Manifests by submission
to EPA's electronic manifest system in accordance with Section
5(F)(3) of this
Chapter; and
(4) Retain at the
generator's site a copy of each manifest for at least three (3) years from the
date of delivery, or for e-Manifests retain by submission to EPA's electronic
manifest system in accordance with Section
5(F)(4) of this
Chapter.
Thereafter, the generator shall manage the returned waste in
accordance with all the generator requirements of 06-096 C.M.R. chs. 850
through 858 for the waste as if the generator had generated the waste on the
date of its return.
For rejected shipments of hazardous waste or container
residues contained in non-empty containers that are forwarded to an alternate
facility by a designated facility with a new manifest, the generator shall
comply with the applicable manifest requirements, substituting "alternate
facility" for "designated facility", and using the date the waste was accepted
by the initial transporter for transportation of the rejected hazardous waste
shipment from the designated facility to the alternate facility to meet the
timeframe requirements of Sections 7(E) and 7(G) of this Chapter for tracking,
notifications and Exception Reports. For shipments of universal waste returned
to the generator, the generator shall comply with the instructions for the
Maine Recyclable Material Uniform Bill of Lading.
C. Generators who ship hazardous waste within
the United States solely by rail or water shall comply with the requirements of
40 C.F.R. §§262.23(c) and (d) and in addition, if the generator does
not use the e-Manifest system, shall send a copy of the paper manifest to the
Department and a copy of the paper manifest to the State where the designated
hazardous waste facility is located (if required by the destination state) at
the same time as the manifest is sent to the designated waste
facility.
D. Generators who import
hazardous waste from or export hazardous waste to a foreign country even for
the purpose of recovery shall obtain, prepare and use a manifest or electronic
manifest in compliance with the requirements of this Chapter and comply with 40
C.F.R Part
262 Subpart H and
40 C.F.R. §260.11(g). Copies of all notices,
reports, manifests and other documents filed with the EPA in accordance with
the requirements of Subpart H, including those of
40 C.F.R.
§§262.83(b), 262.83(f), 262.83(g), 262.83(h), 262.84(b), and
262.84(f), must be filed with the Department. In addition:
(1) The terms "AES compliance filing date",
"CRT exporter", "electronic import-export reporting compliance date" and
"recognized trader" are defined in
40 C.F.R. §260.10;
(2) Cathode ray tubes (CRTs) which are
hazardous waste pursuant to 06-096 C.M.R. ch.
858, §
5(A), including
intentionally broken CRTs, processed CRT glass, and CRTs broken as a result of
an accidental event involving more than 10 CRTs are subject to the export
requirements of
40 C.F.R. §§261.39(a)(5)(i) through (xi);
(3) Availability of information;
confidentiality of information:
(a) No claim
of business confidentiality may be asserted by any person with respect to
information contained in CRT export documents prepared, used and submitted
under
40 C.F.R. §261.39(a)(5) and with respect to information contained in
hazardous waste export, import, and transit documents prepared, used and
submitted under
40 C.F.R. §§262.82, 262.83, 262.84, 263.20, 264.12,
264.71, 265.12, 265.71, and 267.71, whether submitted electronically into EPA's
Waste Import Export Tracking System (WIETS) or in paper format;
(b) EPA will make any CRT export documents
prepared, used and submitted under
40 C.F.R. §261.39(a)(5) and any
hazardous waste export, import, and transit documents prepared, used and
submitted under
40 C.F.R. §§262.82, 262.83, 262.84, 263.20, 264.12,
264.71, 265.12, 265.71, and 267.71 available to the public under
40 C.F.R.
§260.2(d) when these electronic or paper documents are considered by EPA
to be final documents. These submitted electronic and paper documents related
to hazardous waste exports, imports and transits and cathode ray tube exports
are considered by EPA to be final documents on March 1 of the calendar year
after the related CRT exports or hazardous waste exports, imports, or transits
occur.
E. A
generator who does not receive the Designated Facility to Generator copy from
the designated waste facility within thirty-five (35) days from the date waste
was accepted by the initial transporter shall immediately notify the Department
and shall immediately undertake to track and locate the waste, contacting the
transporter(s) of the waste and the designated facility(ies) and keeping the
Department advised.
F. A generator
who transports or offers for transport, hazardous waste to a designated
facility located in another state and who does not receive the Designated
Facility to Generator copy of the manifest from the designated facility or an
e-Manifest record of receipt by the designated facility within thirty-five (35)
days from the date the waste was accepted by the initial transporter shall, in
addition to the requirements of Section 7(E) of this Chapter, notify:
(1) The governmental agency responsible for
administering the manifest system in the state in which the designated facility
is located, and
(2) The
governmental agencies responsible for administering the manifest system in the
states in which the waste may have been delivered; or
(3) The EPA, if any one of the above states
does not have a State hazardous waste program approved by the EPA.
NOTE: The names and addresses of State and Federal agencies
may be obtained by calling the Department at (207) 287-7688.
G. A generator who has
not received the Designated Facility to Generator copy of the manifest from the
designated facility within forty-five (45) days from the date the waste was
accepted by the initial transporter shall file a written Exception Report with
the Department. The Exception Report must include:
(1) A legible copy of the manifest for which
the generator has not received the Designated Facility to Generator copy; and
(2) A cover letter signed by the
generator or the generator's authorized representative explaining the efforts
that have been and are being taken to locate the waste and the results of those
efforts.
NOTE: If a generator uses a Maine Recyclable Material Uniform
Bill of Lading and either the generator or the Department identifies any
discrepancies in the UBOL or associated shipment, it is the generator's
responsibility to resolve the discrepancies to the Department's
satisfaction.
H.
For any hazardous waste rejected at the designated and alternate facility if
designated, the generator shall provide to the Department within 20 days of
such rejection a Rejection Report indicating:
(1) Uniform Hazardous Waste Manifest
number(s) for the rejected waste shipments;
(2) The disposition of the rejected waste;
and
(3) Any changes in the
information previously supplied by the generator on the Uniform Hazardous Waste
Manifest.
Copies of the Rejection Report must be provided to the
transporter(s), the facility(s) that rejected the waste, and the appropriate
regulatory agencies of the Generator and Destination State(s).
I. A generator who
initiates a shipment of hazardous waste shall certify to one of the
40 C.F.R.
§262.27 statements in Item 15 of the uniform hazardous waste
manifest.
J. The grant by a
generator of authority to a transporter to act as the agent of the generator
with respect to changes to transporter designations under Section
8(G) of this Chapter
does not affect the generator's liability or responsibility for complying with
any applicable requirement under this Chapter, or grant any additional
authority to the transporter to act on behalf of the generator.
