06-096 C.M.R. ch. 857, § 8 - Manifest Requirements for Transporters

NOTE: Other requirements for transporters appear in other rules of the Department dealing with specific aspects of hazardous waste management. See, for example, Licensing of Transporters of Hazardous Waste, 06-096 C.M.R. ch. 853.

A. A transporter of hazardous waste shall:

(1) Not accept hazardous waste from a generator or from another transporter unless the waste is:

(a) Accompanied by its manifest (EPA Form 8700-22), and if necessary, any continuation sheets (EPA Form 8700-22A), properly completed by the generator pursuant to Section 7(A) of this Chapter and by any prior transporter(s) pursuant to Section 8(A)(3) of this Chapter, including signature and identification numbers; or

(b) Documented with an electronic manifest that is obtained, completed, and transmitted in accordance with 40 C.F.R. §262.20(a)(3) and Section 5(E) of this Chapter, and signed with a valid and enforceable electronic signature pursuant to 40 C.F.R. §262.25(a).

(2) Ensure that the manifest accompanies the hazardous waste and if an electronic manifest is used, carry on the transport vehicle one printed copy of the electronic manifest in accordance with Section 5(F)(11) of this Chapter.

(3) In the presence of the generator, or for subsequent transporters, the prior transporter, complete the appropriate transporter portion of the manifest in accordance with the manifest's instructions, including the transporter's signature and date of acceptance, and immediately give a signed copy of the manifest to the generator or prior transporter, noting any discrepancies in manifest information;

(4) Upon delivery of the hazardous waste to another transporter or to the designated facility:

(a) Complete delivery information section of transporter portion of manifest;

(b) Obtain the subsequent transporter's or the facility owner's or operator's signature and date of acceptance on the manifest;

(c) Give the original and remaining copies of the paper manifest to the subsequent transporter or to the facility owner or operator, or in the case of an e-Manifest, by submission to EPA's electronic manifest system in accordance with Section 5(F)(3) of this Chapter;

(d) Retain, for at least three (3) years from the date the hazardous waste was accepted by the transporter, the Transporter's Copy of the manifest signed by the generator, prior transporters, the transporter, and subsequent transporters or the owner or operator of the designated hazardous waste facility, or for e-Manifests retain by submission to EPA's electronic manifest system in accordance with Section 5(F)(4) of this Chapter. If more than one transporter is involved, and the generator has not provided a photocopy of the Transporter's Copy of the manifest, the original transporter shall make photocopies so that each transporter retains a Transporter's Copy of the manifest.

(5) Special procedures when electronic manifest is not available: If after a manifest has been originated electronically and signed electronically by the initial transporter, and the electronic manifest system should become unavailable for any reason, then:

(a) The transporter in possession of the hazardous waste when the electronic manifest becomes unavailable shall reproduce copies (sufficient to provide the transporter and all subsequent waste handlers with a copy for their files, plus two additional copies that will be delivered to the designated facility with the hazardous waste) of either the printed manifest that is carried on the transport vehicle pursuant to Section 5(F)(11) of this Chapter, or another completed paper manifest for this purpose.

(b) On each printed copy, the transporter shall include a notation in the Special Handling and Additional Description space (Item 14) that the paper manifest is a replacement manifest for a manifest originated in the electronic manifest system, shall include the manifest tracking number of the electronic manifest that is replaced by the paper manifest, and shall also include a brief explanation why the electronic manifest was not available for completing the tracking of the shipment electronically.

(c) A transporter signing a replacement manifest to acknowledge receipt of the hazardous waste shall ensure that each paper copy is individually signed and that a legible signature appears on each copy.

(d) From the point at which the electronic manifest is no longer available for tracking the waste shipment, the paper replacement manifest copies must be carried, signed, retained as records, and given to a subsequent transporter or to the designated facility, following the instructions, procedures, and requirements that apply to the use of all other paper manifests.

B. The requirements of Sections 8(A)(2), 8(A)(3), and 8(A)(4) of this Chapter do not apply to rail or water (bulk shipment) transporters if such a transporter complies with requirements of 40 C.F.R. §§263.20(e)(1) -(5) and (f)(1)-(5), and 40 C.F.R. §§263.22(b) and (c), except that, if a paper manifest or shipping paper is used instead of an e-Manifest, a copy of the paper manifest or shipping paper must also be sent to the Department by each delivering transporter upon delivery to any other transporter or to the designated facility within seven (7) days of delivery.

C. Transporters who transport hazardous waste out of the United States shall comply with the applicable requirements of 40 C.F.R. §§263.20(a)(1), 263.20(a)(2) and 263.20(g).

D. A transporter shall deliver the entire quantity of hazardous waste which the transporter has accepted from a generator or a prior transporter to:

(1) The next designated transporter;

(2) The waste facility designated on the manifest;

(3) The alternate designated facility, if an emergency prevents delivery to the primary designated facility; or

(4) The place outside the United States designated by the generator.

E. Emergency condition: If the hazardous waste cannot be delivered in accordance with Sections 8(D)(2), 8(D)(3), or 8(D)(4) of this Chapter because of an emergency condition other than rejection of the waste by the designated facility or alternate designated facility, then the transporter shall contact the generator for further instructions and shall revise the manifest according to the generator's instructions, or shall return the waste to the generator.

F. Transporter without generator's authorization: If the hazardous waste is not delivered to the next designated transporter in accordance with Section 8(D)(1) of this Chapter, and the current transporter is without contractual authorization from the generator to act as the generator's agent with respect to transporter additions or substitutions, then the current transporter shall contact the generator for further instructions prior to making any revisions to the transporter designations on the manifest. The current transporter may thereafter make such revisions if:

(1) The hazardous waste is not delivered in accordance with Section 8(D)(1) of this Chapter because of an emergency condition; or

(2) The current transporter proposes to change the transporter(s) designated on the manifest by the generator, or to add a new transporter during transportation, to respond to an emergency, or for purposes of transportation efficiency, convenience, or safety; and

(3) The generator authorizes the revision.

G. Transporter with generator's authorization: If the hazardous waste is not delivered to the next designated transporter in accordance with Section 8(D)(1) of this Chapter, and the current transporter has authorization from the generator to act as the generator's agent, then the current transporter may change the transporter(s) designated on the manifest, or add a new transporter, during transportation without the generator's prior, explicit approval, provided that:

(1) The current transporter is authorized by a contractual provision that provides explicit authorization for the transporter to make such transporter changes, as agent of and on behalf of the generator;

(2) The transporter enters in Item 14 of each manifest for which such a change is made, the following statement of its authority as the generator's agent: "Contract retained by generator confers agency authority on initial transporter to add or substitute additional transporters on generator's behalf;" and

(3) The change in designated transporters is necessary to respond to an emergency, or for purposes of transportation efficiency, convenience, or safety.

H. Generator's liability and grant of authority: The generator's grant 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.

I. If hazardous waste is rejected by the designated facility while the transporter is on the facility's premises, then the transporter shall obtain the following:

(1) For a partial load rejection or for regulated quantities of container residues, a copy of the original manifest that includes the facility's signature and date of signature, and the Manifest Tracking Number of the new manifest that will accompany the shipment, and a description of the partial rejection or container residue in the discrepancy block of the original manifest. The transporter shall retain a copy of this manifest in accordance with 40 C.F.R. §263.22 and give the remaining copies of the original manifest to the rejecting designated facility. If the transporter is forwarding the rejected part of the shipment or a regulated container residue to an alternate facility or returning it to the generator, the transporter shall obtain a new manifest to accompany the shipment, and the new manifest must include all of the required information in 40 C.F.R. §§264.72(e)(1) -(6) or 264.72(f)(1)-(6) or 40 C.F.R. §§265.72(e)(1) -(6) or 265.72(f)(1)-(6).

(2) For a full load rejection that will be taken back by the transporter, a copy of the original manifest that includes the rejecting facility's signature and date attesting to rejection, the description of the rejection in the discrepancy block of the manifest, and the name, address, phone number, and EPA Identification Number for the alternate facility or generator to whom the shipment must be delivered. The transporter shall retain a copy of the manifest in accordance with 40 C.F.R. §263.22 and give a copy to the rejecting facility. If the original manifest is not used, the transporter shall obtain a new manifest for the shipment and comply with 40 C.F.R. §§264.72(e)(1) -(6) or 40 C.F.R. §§265.72(e)(1) -(6).

J. If hazardous waste in any amount is discharged during transportation, the transporter shall:

(1) Take immediate appropriate action to protect public health and safety and the environment;

(2) Immediately notify the Maine Department of Public Safety by calling 1-800-452-4664 or (207) 624-7076.

NOTE: The Maine Department of Public Safety (State Police) will immediately notify the Department.

(3) Immediately notify, if required by 49 C.F.R. §171.15, the National Response Center at 1-800-424-8802 or (202) 426-2675;

(4) Immediately notify the local public safety agency;

(5) Report in writing as required by 49 C.F.R. §171.16 to the Director, Office of Hazardous Materials Regulation, Department of Transportation, Washington, DC 20590; and

(6) If the transporter is a water (bulk shipment) transporter, give the same notice as required by 33 C.F.R. §153.023 for oil and hazardous substances.

Compliance with this Section of this Chapter does not relieve a transporter of any obligations or liabilities for such discharges imposed by statute or other rules.

NOTE: For further information and guidance, refer to 06-096 C.M.R. ch. 801 of the Department's rules, Discharge of Hazardous Matter; Removal and Written Reporting Procedures.

Notes

06-096 C.M.R. ch. 857, § 8