Utah Admin. Code R315-264-71 - Manifest System, Recordkeeping, and Reporting - Use of Manifest System
(a)
(1) If
a facility receives hazardous waste accompanied by a manifest, the owner,
operator or the owner or operator's agent shall sign and date the manifest as
indicated in Subsection
R315-264-71(a)(2)
to certify that the hazardous waste covered by the manifest was received, that
the hazardous waste was received except as noted in the discrepancy space of
the manifest, or that the hazardous waste was rejected as noted in the manifest
discrepancy space.
(2) If the
facility receives a hazardous waste shipment accompanied by a manifest, the
owner, operator, or the owner or operator's agent shall:
(i) sign and date each copy of the
manifest;
(ii) note any
discrepancies, as defined in Subsection
R315-264-72(a),
on each copy of the manifest;
(iii)
immediately give the transporter at least one copy of the manifest;
(iv) within 30 days of delivery, send a copy,
Page 2, of the manifest to the generator;
(v) paper manifest submission requirements
are:
(A) Options for compliance on June 30,
2018. Beginning on June 30, 2018, send the top copy, Page 1, of any paper
manifest and any paper continuation sheet to the e-Manifest system for data
entry and processing, or in lieu of submitting the paper copy to EPA, the owner
or operator may transmit to the EPA system an image file of Page 1 of the
manifest and any continuation sheet, or both a data file and the image file
corresponding to Page 1 of the manifest and any continuation sheet, within 30
days of the date of delivery. Submissions of copies to the e-Manifest system
shall be made at the mailing address or electronic mail or submission address
specified at the e-Manifest program website's directory of services. Beginning
on June 30, 2021, EPA will not accept mailed paper manifests from facilities
for processing in e-Manifest.
(B)
Options for compliance on June 30, 2021. Beginning on June 30, 2021, the
requirement to submit the top copy, Page 1, of the paper manifest and any paper
continuation sheet to the e-Manifest system for data entry and processing may
be met by the owner or operator only by transmitting to the EPA system an image
file of Page 1 of the manifest and any continuation sheet, or by transmitting
to the EPA system both a data file and the image file corresponding to Page 1
of the manifest and any continuation sheet, within 30 days of the date of
delivery. Submissions of copies to the e-Manifest system shall be made to the
electronic mail or submission address specified at the e-Manifest program
website's directory of services; and
(vi) keep at the facility a copy of each
manifest for at least three years from the date of delivery.
(3) The owner or operator of a
facility receiving hazardous waste subject to Sections
R315-262-80 through
R315-262-84 from a foreign
source shall:
(i) additionally list the
relevant consent number from consent documentation supplied by EPA to the
facility for each waste listed on the manifest, matched to the relevant list
number for the waste from block 9b. If additional space is needed, the owner or
operator should use a continuation sheet or sheets, EPA Form 8700-22A;
and
(ii) send a copy of the
manifest within 30 days of delivery to EPA using the addresses listed in
Subsection R315-262-82(e)
until the facility can submit a copy to the e-Manifest system per Subsection
R315-264-71(a)(2)(v).
(b) If a facility receives, from a
rail or water, bulk shipment, transporter, hazardous waste that is accompanied
by a shipping paper containing the information required on the manifest;
excluding the EPA identification numbers, generator's certification, and
signatures; the owner or operator, or the owner or operator's agent, shall:
(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
R315-264-72(a),
in the manifest or shipping paper, if the manifest has not been received, on
each copy of the manifest or shipping paper. The director does not intend that
the owner or operator of a facility whose procedures under Subsection
R315-264-13(c)
include waste analysis shall perform that analysis before signing the shipping
paper and giving it to the transporter. Subsection
R315-264-72(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 30 days after the delivery, send a
copy of the signed and dated manifest or a signed and dated copy of the
shipping paper, if the manifest has not been received within 30 days after
delivery, to the generator; and Comment: Subsection
R315-262-23(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) keep at the facility a copy of the
manifest and shipping paper, if signed in lieu of the manifest when delivered,
for at least three years from the date of delivery.
(c) When a shipment of hazardous waste is
initiated from a facility , the owner or operator of that facility shall comply
with the requirements of Rule R315-262. Sections
R315-262-15,
R315-262-16, and
R315-262-17 are applicable to
the on-site accumulation of hazardous wastes by generators. Therefore, Sections
R315-262-15,
R315-262-16, and
R315-262-17 only apply to owners
or operators who are shipping hazardous waste that they generated at that
facility or operating as a large quantity generator consolidating hazardous
waste from very small quantity generators under Subsection
R315-262-17(f).
(d) As per Subsection
R315-262-84(d)(2)(xv),
within three working days of the receipt of a shipment subject to Sections
R315-262-80 through
R315-262-84 the owner or
operator of a facility shall provide a copy of the movement document bearing
the required signatures to the foreign exporter; to the competent authorities
of the countries of export and transit that control the shipment as an export
and transit of hazardous waste respectively; and on or after the electronic
import-export reporting compliance date, to EPA electronically using EPA's
Waste Import Export Tracking System (WIETS), or its successor system. The
original copy of the movement document shall be maintained at the facility for
at least three years from the date of signature. The owner or operator of a
facility may satisfy this recordkeeping requirement by keeping electronically
submitted documents in the facility 's account on EPA's Waste Import Export
Tracking System (WIETS), or its successor system, if the copies are readily
available for viewing and production if requested by any EPA or Utah inspector.
No owner or operator of a facility may be held liable for the inability to
produce the documents for inspection under Section
R315-264-71 if the owner or
operator of a facility can demonstrate that the inability to produce the
document is due exclusively to technical difficulty with EPA's Waste Import
Export Tracking System (WIETS), or its successor system, for which the owner or
operator of a facility bears no responsibility.
(e) A facility shall determine whether the
consignment state for a shipment regulates any additional wastes, beyond those
regulated federally, as hazardous wastes under its state hazardous waste
program. Facilities shall also determine whether the consignment state or
generator state requires the facility to submit any copies of the manifest to
these states.
(f) Legal equivalence
to paper manifests. Electronic manifests that are gotten, completed, and
transmitted in accordance with Subsection
R315-262-20(a)(3),
and used in accordance with Section
R315-264-71 in lieu of the paper
manifest form are the legal equivalent of paper manifest forms bearing
handwritten signatures, and satisfy any requirement in Title R315 to get,
complete, sign, provide, use, or keep a manifest.
(1) Any requirement in Title R315 for the
owner or operator of a facility to sign a manifest or manifest certification by
hand, or to get a handwritten signature, is satisfied by signing with or
getting a valid and enforceable electronic signature within the meaning of
40 CFR
262.25.
(2) Any requirement in Title R315 to give,
provide, send, forward, or to return to another person a copy of the manifest
is satisfied when a copy of an electronic manifest is transmitted to the other
person .
(3) Any requirement in
Title R315 for a manifest to accompany a hazardous waste shipment is satisfied
when a copy of an electronic manifest is accessible during transportation and
forwarded to the person who is scheduled to receive delivery of the waste
shipment.
(4) Any requirement in
Title R315 for an owner or operator to keep a copy of each manifest is
satisfied by the retention of the facility 's electronic manifest copies in its
account on the e-Manifest system, if the copies are readily available for
viewing and production if requested by any EPA or Division of Waste Management
and Radiation Control inspector.
(5) No owner or operator may be held liable
for the inability to produce an electronic manifest for inspection under
Section R315-264-71 if the owner or
operator 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 owner or operator bears no
responsibility.
(g) An
owner or operator may participate in the electronic manifest system either by
accessing the electronic manifest system from the owner's or operator's
electronic equipment, or by accessing the electronic manifest system from
portable equipment brought to the owner's or operator's site by the transporter
who delivers the waste shipment to the facility .
(h) Special procedures applicable to
replacement manifests. If a facility receives hazardous waste that is
accompanied by a paper replacement manifest for a manifest that was originated
electronically, the following procedures apply to the delivery of the hazardous
waste by the final transporter:
(1) Upon
delivery of the hazardous waste to the designated facility , the owner or
operator shall sign and date each copy of the paper replacement manifest by
hand in Item 20, Designated Facility Certification of Receipt, and note any
discrepancies in Item 18, Discrepancy Indication Space, of the paper
replacement manifest.
(2) The owner
or operator of the facility shall give back to the final transporter one copy
of the paper replacement manifest.
(3) Within 30 days of delivery of the waste
to the designated facility , the owner or operator of the facility shall send
one signed and dated copy of the paper replacement manifest to the generator,
and send an additional signed and dated copy of the paper replacement manifest
to the electronic manifest system.
(4) The owner or operator of the facility
shall keep at the facility one copy of the paper replacement manifest for at
least three years from the date of delivery.
(i) Special procedures applicable to
electronic signature methods undergoing tests. If an owner or operator using an
electronic manifest signs this 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 owner or operator shall also sign with an ink signature the facility 's
certification of receipt or discrepancies on the printed copy of the manifest
provided by the transporter. Upon executing its ink signature on this printed
copy, the owner or operator shall keep this original copy among its records for
at least 3 years from the date of delivery of the waste.
(j) Imposition of user fee for manifest
submissions.
(1) As prescribed in
40 CFR
264.1311, and determined in
40 CFR
264.1312, which are incorporated by
reference, an owner or operator who is a user of the electronic manifest system
shall be assessed a user fee by EPA for the submission and processing of each
electronic and paper manifest. EPA shall update the schedule of user fees and
publish them to the user community, as provided in
40 CFR
264.1313, which is adopted and incorporated
by reference.
(2) An owner or
operator subject to user fees under Section
R315-264-71 shall make user fee
payments in accordance with the requirements of
40 CFR
264.1314, which is incorporated by reference,
subject to the informal fee dispute resolution process of
40 CFR
264.1316, which is incorporated by reference,
and subject to the sanctions for delinquent payments under
40 CFR
264.1315, which is incorporated by
reference.
(k) Electronic
manifest signatures. Electronic manifest signatures shall meet the criteria
described in 40 CFR
262.25.
(l) Post-receipt manifest data corrections.
After facilities have 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 , such as the waste handler, shown on the
manifest.
(1) Interested persons shall make
each correction to manifest data by electronic submission, either by directly
entering corrected data to the web based service provided in e-Manifest for the
corrections, or by an upload of a data file containing data corrections
relating to one or more previously submitted manifests.
(2) Each correction submission shall include
the following information:
(i) the Manifest
Tracking Number and date of receipt by the facility of the original manifests
for which data are being corrected;
(ii) the item numbers of the original
manifest that is the subject of the submitted corrections; and
(iii) for each item number with corrected
data, the data previously entered and the corresponding data as corrected by
the correction submission.
(3) Each correction submission shall include
a statement that the person submitting the corrections certifies that to the
best of their knowledge or belief, the corrections that are included in the
submission will cause the information reported about the previously received
hazardous wastes to be true, accurate, and complete.
(i) The certification statement shall be
executed with a valid electronic signature; and
(ii) A batch upload of data corrections may
be submitted under one certification statement.
(4) Upon receipt by the system of any
correction submission, other interested persons shown on the manifest will be
provided electronic notice of the submitter's corrections.
(5) Other interested persons shown on the
manifest may respond to the submitter's corrections with comments to the
submitter, or by submitting another correction to the system, certified by the
respondent as specified in Subsection
R315-264-71(l)(3),
and with notice of the corrections to other interested persons shown on the
manifest.
Notes
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