Md. Code Regs. 26.13.04.02 - Compliance with the Manifest System and Record Keeping
A. The Manifest System.
(1) A transporter:
(a) May not accept hazardous waste from a
generator unless the transporter is also provided with:
(i) A manifest signed in accordance with the
provisions of COMAR
26.13.03.04E;
or
(ii) An electronic manifest that
is obtained, completed, and transmitted in accordance with COMAR
26.13.03.04A(1)(b),
and signed with a valid and enforceable electronic signature as described in
COMAR 26.13.03.04E-2;
and
(b) May only accept
hazardous waste intended for export that is subject to COMAR
26.13.03.07 if:
(i) The waste is accompanied by a manifest
signed in accordance with COMAR
26.13.03.04A;
(ii) For exports occurring under the terms of
a consent issued by EPA on or after December 31, 2016, the waste is accompanied
by a movement document that includes all information required by
40 CFR §
262.83(d); and
(iii) A copy of the EPA Acknowledgement of
Consent is attached to the shipping paper if the shipment is a bulk shipment by
water, or is attached to the manifest if the shipment is neither by rail nor a
bulk shipment by water.
(2) Before transporting the hazardous waste,
the transporter shall sign and date the manifest acknowledging acceptance of
the hazardous waste from the generator. The transporter shall return a signed
copy to the generator before leaving the generator's property.
(3) The transporter shall:
(a) Ensure that the manifest accompanies the
hazardous waste;
(b) For exports
occurring under the terms of a consent issued by EPA to the exporter on or
after December 31, 2016, ensure that a movement document that includes all the
information required by 40
CFR §
262.83(d) also
accompanies the hazardous waste; and
(c) In the case of imports occurring under
the terms of a consent issued by EPA to the country of export or the importer
on or after December 31, 2016, ensure that a movement document that includes
all information required by 40 CFR §
262.84(d) also accompanies
the hazardous waste.
(4)
A transporter who delivers a hazardous waste to another transporter or to the
designated facility shall:
(a) 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;
(b) Retain one copy of the manifest in
accordance with §C of this regulation; and
(c) Give the remaining copies of the manifest to the
accepting transporter or designated facility.
(5) The requirements of §A(3), (4), and (6)
of this regulation do not apply to water (bulk shipment) transporters if:
(a) The hazardous waste is delivered by water
(bulk shipment) to the designated facility;
(b) The hazardous waste is accompanied by:
(i) A shipping paper containing all the
information required on the manifest, excluding the EPA identification numbers,
generator certification, and signatures, accompanies the hazardous waste at all
times; and
(c) 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;
(d) 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 or the manifest and
forwards it to the designated facility; and
(e) A copy of the shipping paper or manifest
is retained by each water (bulk shipment) transporter in accordance with §C of
this regulation.
(6) Rail
Shipments. For shipments involving rail transportation, the requirements of
§A(3)-(5) of this regulation do not apply, but the following requirements do
apply:
(a) When accepting hazardous waste
from a nonrail transporter, the initial rail transporter shall:
(i) Sign and date the manifest acknowledging
acceptance of the hazardous waste;
(ii) Return a signed copy of the manifest to
the nonrail transporter;
(iii)
Forward at least three copies of the manifest to the next nonrail transporter,
if any, the designated facility, if the shipment is delivered to that facility
by rail, or 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 §C(3) of this
regulation.
(b) Rail
transporters shall ensure that:
(i) A
shipping paper containing all the information required on the manifest,
excluding the EPA identification numbers, generator certification, and
signatures; and
(c) Intermediate rail transporters are not
required to sign either the manifest or shipping paper.
(d) When delivering hazardous waste to the
designated facility, a rail transporter shall:
(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 §C of this
regulation.
(e) When
delivering hazardous waste to a nonrail transporter, a rail transporter shall:
(i) Obtain the date of delivery and the
handwritten signature of the next nonrail transporter on the manifest;
and
(ii) Retain a copy of the
manifest in accordance with §C of this regulation.
(f) Before accepting hazardous waste from a
rail transporter, a nonrail transporter shall sign and date the manifest and
provide a copy to the rail transporter.
(7) Transporters who transport hazardous
waste out of the United States shall:
(a)
Sign and date the manifest in the International Shipments block to indicate the
date that the shipment left the United States;
(b) Retain one copy in accordance with §C of
this regulation;
(c) Return a
signed copy of the manifest to the generator; and
(d) For paper manifests only, send a copy of
the manifest to the e-manifest system in accordance with the allowable methods
specified in 40 CFR §
264.71(a)(2)(v).
A-1. Use of Electronic Manifest.
(1) Legal Equivalence to Paper Forms for
Participating Transporters. For the purposes of COMAR 26.13.01-.10:
(a) An electronic manifest that is obtained,
completed, and transmitted in accordance with COMAR
26.13.03.04A(1)(b),
and used in accordance with this section instead of using EPA Forms 8700"22 and
8700"22A, is the legal equivalent of paper manifest forms bearing handwritten
signatures and satisfies for all purposes any requirement to obtain, complete,
sign, provide, use, or retain a manifest;
(b) A requirement to sign a manifest or
manifest certification by hand, or to obtain a handwritten signature, is
satisfied by signing with or obtaining a valid and enforceable electronic
signature within the meaning of COMAR
26.13.03.04E-2;
(c) A requirement to give, provide, send,
forward, or return to another person a copy of the manifest is satisfied when a
copy of an electronic manifest is transmitted to the other person by submission
to the electronic manifest system;
(d) A requirement for a manifest to accompany
a hazardous waste shipment:
(i) Except as
provided in §A-1(1)(d)(ii) of this regulation, is satisfied when a copy of an
electronic manifest is accessible during transportation and forwarded to the
person or persons who are scheduled to receive delivery of the waste shipment;
and
(ii) Includes a requirement for
a transporter to carry one printed copy of the electronic manifest on the
transport vehicle to the extent that the U.S. Department of Transportation
hazardous materials regulation on shipping papers for carriage by public
highway requires transporters of hazardous materials to carry a paper document
to comply with 49 CFR §
177.817;
(e) A requirement for a transporter to keep
or retain a copy of a manifest is satisfied by the retention of an electronic
manifest in the transporter's account on the national electronic manifest
system if the copy is readily available for viewing and production if requested
by an inspector representing the Department or EPA; and
(f) If a transporter is unable to produce an
electronic manifest for inspection in accordance with §A-1(1)(e) of this
regulation, the generator is not considered to be in violation of the
requirement to have a copy of the manifest readily available if the generator
can demonstrate that the inability to produce the electronic manifest is due
exclusively to a technical difficulty with the electronic manifest system for
which the generator bears no responsibility.
(2) Accessing the Electronic Manifest System.
A transporter may participate in the electronic manifest system either by
accessing the electronic manifest system from the transporter's own electronic
equipment, or by accessing the electronic manifest system from the equipment
provided by a participating generator, by another transporter, or by a
designated facility.
(3) Special
Procedures When the Electronic Manifest System Is Unavailable. If, after a
manifest has been originated electronically and signed electronically by the
initial transporter, the electronic manifest system becomes unavailable for any
reason, then:
(a) The transporter in
possession of the hazardous waste when the electronic manifest becomes
unavailable shall reproduce:
(i) A copy of the
printed manifest that is carried on the transport vehicle in accordance with
§A-1(1)(d)(ii) of this regulation, or obtain and complete another paper
manifest for this purpose; and
(ii)
Sufficient copies of the document identified in §A-1(3)(a)(i) of this
regulation 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;
(b) On each printed copy being used to
substitute for the unavailable electronic manifest, the transporter shall
include:
(i) 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;
(ii) If not pre-printed on
the replacement manifest, the manifest tracking number of the electronic
manifest that is replaced by the paper manifest; and
(iii) A brief explanation of 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 handwritten signature
appears on each copy; and
(d) From
the point at which the electronic manifest is no longer available for tracking
the waste shipment, each transporter shall ensure that the paper replacement
manifest copies are 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.
(4)
Special Procedures for Electronic Signature Methods Undergoing Tests. If a
transporter using an electronic manifest signs the manifest electronically
using an electronic signature method that is undergoing pilot or demonstration
tests aimed at demonstrating the practicality or legal dependability of the
signature method, then the transporter shall:
(a) Sign the electronic manifest
electronically and also sign with an ink signature the transporter
acknowledgement of receipt of materials on the printed copy of the manifest
that is carried on the vehicle in accordance with §A-1(1)(d)(ii) of this
regulation;
(b) Present the printed
copy of the manifest bearing the generator's and transporter's ink signatures
to the designated facility to sign in ink to indicate the receipt of the waste
materials or to indicate discrepancies; and
(c) After the owner or operator of the
designated facility has signed the printed manifest copy with the owner or
operator's ink signature, deliver the printed manifest copy to the designated
facility with the waste materials.
(5) Post-Receipt Manifest Data Corrections.
(a) After a facility has certified to the
receipt of hazardous wastes by signing Item 20 of the manifest, any
post-receipt data corrections may be submitted at any time by any interested
person named on the manifest, such as a waste handler.
(b) A transporter may participate
electronically in the postreceipt data corrections process by following the
process described in COMAR
26.13.05.05B(11),
which applies to corrections made to either paper or electronic manifest
records.
B.
Compliance with the Manifest.
(1) The
transporter shall deliver the entire quantity of hazardous waste which he has
accepted from a generator or a transporter to the:
(a) Designated facility listed on the
manifest;
(b) Alternate designated
facility, if the hazardous waste cannot be delivered to the designated facility
because an emergency prevents delivery;
(c) Next designated transporter; or
(d) Place outside the United States
designated by the generator.
(2) Emergency Condition. If the hazardous
waste cannot be delivered in accordance with §B(1) of this regulation because
of an emergency condition other than rejection of the waste by the designated
facility, then:
(a) The transporter shall
contact the generator for further directions and shall revise the manifest
according to the generator's instructions; and
(b) The requirements of §B(5)-(7) of this
regulation apply.
(3) If
hazardous waste is rejected by the designated facility while the transporter is
on the facility's premises, and the rejection involves a partial load rejection
or regulated quantities of container residues, the transporter shall:
(a) Obtain a copy of the original manifest
that includes:
(i) The date and signature
entered on the manifest by the facility;
(ii) The manifest tracking number of the new
manifest that will accompany the shipment of the rejected waste, entered in the
manifest reference number line in the discrepancy block, Item 18a of the
manifest; and
(iii) A description
of the partial rejection or container residue in the discrepancy
block;
(b) Retain a copy
of the manifest described in §B(3)(a) of this regulation in accordance with §C
of this regulation, and give the remaining copies of the original manifest to
the rejecting designated facility;
(c) Obtain a new manifest to accompany the
shipment 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; and
(d) Assure that the
new manifest required by §B(3)(c) of this regulation includes all the
information required in COMAR
26.13.05.05C(5)(b),
26.13.05.05C(6)(b),
or 26.13.06.05A.
(4) If hazardous waste
is rejected by the designated facility while the transporter is on the
facility's premises, and the rejection involves full load rejection that will
be taken back by the transporter, the transporter shall:
(a) Obtain a copy of the original manifest
that includes:
(i) The date and signature
entered on the manifest by the facility attesting to the rejection;
(ii) The description of the rejection in the
discrepancy block of the manifest; and
(iii) The name, address, phone number, and
EPA identification number for the alternate facility or generator to whom the
shipment will be delivered, in Item 18b of the manifest;
(b) Retain a copy of the manifest described
in §B(4)(a) of this regulation in accordance with §C of this
regulation;
(c) Give a copy of the
manifest described in §B(4)(a) of this regulation to the rejecting designated
facility; and
(d) If the original
manifest is not used to accompany the shipment of the rejected load, obtain a
new manifest for the shipment that has been prepared in compliance with COMAR
26.13.05.05C(5)(a),
26.13.05.05C(6)(a),
or 26.13.06.05A.
(5) Emergency Condition
- Transporters Without Agency Authority.
(a)
If, as described in §B(2) of this regulation, hazardous waste is not delivered
to the next designated transporter in accordance with §B(1)(c) of this
regulation, 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 before making any revisions to the
transporter designations on the manifest.
(b) The current transporter may, after
receiving further instructions from the generator in accordance with §B(5)(a)
of this regulation, and receiving authorization from the generator to make
proposed revisions to the transporter designations on the manifest, make
revisions to the transporter designations on the manifest if:
(i) The hazardous waste is not delivered in
accordance §B(1)(c) of this regulation because of an emergency condition;
or
(ii) The current transporter
proposes to change the transporter or transporters designated on the manifest
by the generator or proposes to add a new transporter during transportation,
with the reason for the proposed change being the facilitation of a response to
an emergency or for the purposes of transportation efficiency, convenience, or
safety.
(6)
Emergency Condition - Transporters with Agency Authority. If, as described in
§B(2) of this regulation, hazardous waste is not delivered to the next
designated transporter in accordance with §B(1)(c) of this regulation, and the
current transporter has authorization from the generator to act as the
generator's agent, then the current transporter may change the transporter or
transporters designated on the manifest, or add a new transporter, during
transportation without the generator's prior, explicit approval, if:
(a) The current transporter is authorized by
a contractual provision that provides explicit agency authority for the
transporter to make such transporter changes on behalf of the
generator;
(b) The transporter
enters in Item 14 of each manifest for which a change under this authority is
made the following statement of its agency authority: "Contract retained by
generator confers agency authority on initial transporter to add or substitute
additional transporters on generator's behalf."; and
(c) The change in designated transporters is
necessary to respond to an emergency, or for purposes of transportation
efficiency, convenience, or safety.
(7) Emergency Condition - Generator
Liability. 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 §B(6) of this regulation does not affect the generator's liability or
responsibility for complying with any applicable requirement under COMAR
26.13.01-.10, or grant any additional authority to the transporter to act on
behalf of the generator.
C. Record Keeping.
(1) A transporter of hazardous waste shall
keep a copy of the manifest signed by the generator, himself, and the next
designated transporter or the owner or operator of the designated facility for
a period of 3 years from the date the hazardous waste was accepted by the
initial transporter.
(2) For
shipments delivered to the designated facility by water (bulk shipment), each
water (bulk shipment) transporter shall retain a copy of a shipping paper
containing all the information required in §A(5)(b) of this regulation for a
period of 3 years.
(3) For
shipments of hazardous waste by rail within the State the following apply:
(a) The initial rail transporter shall keep a
copy of the manifest and shipping paper with all the information required in
§A(6)(b) of this regulationfor a period of 3 years from the date the hazardous
waste was accepted by the initial transporter;
(b) The final rail transporter shall keep a
copy of the signed manifest, or the shipping paper if signed by the designated
facility instead of the manifest, for a period of 3 years from the date the
hazardous waste was accepted by the initial transporter;
(c) Intermediate rail transporters are not
required to keep records pursuant to these regulations.
(4) A transporter who transports hazardous
waste internationally out of the State shall keep a copy of the manifest, for a
period of 3 years from the date the hazardous waste was accepted by the initial
transporter, indicating that the hazardous waste left the United
States.
(5) The periods of
retention referred to in this section are extended automatically during the
course of any unresolved enforcement action regarding the regulated activity or
as requested by the Secretary.
D. Electronic Manifest Signatures. An
electronic signature method used in connection with the electronic manifest
system is acceptable only if:
(1) Use of the
method results in the creation of a legally valid and enforceable signature
under applicable EPA and other federal requirements pertaining to electronic
signatures; and
(2) The method has
been designed and implemented in a manner that EPA considers to be as
cost-effective and practical as possible for the users of the
manifest.
Notes
Regulations .02A, C amended, effective July 30, 1984 (11:15 Md. R. 1330)
Regulations .02A and C amended effective January 31, 1983 (10:2 Md. R. 110)
Regulations .02A amended, effective February 13, 1984 (11:3 Md. R. 202)
Regulations .02 amended effective January 18, 1982 (9:1 Md. R. 20)
Regulation .02 amended effective September 11, 2006 (33:18 Md. R. 1507)
Regulation .02A amended effective April 18, 1988 (15:8 Md. R. 1009); August 28, 1995 (22:17 Md. R. 1321); amended effective 49:1 Md. R. 14, eff.
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