Utah Admin. Code R315-265-72 - Manifest System, Recordkeeping, and Reporting - Manifest Discrepancies
(a) Manifest discrepancies are:
(1) significant differences, as defined by
Subsection R315-265-72(b),
between the quantity or type of hazardous waste designated on the manifest or
shipping paper, and the quantity and type of hazardous waste a facility
actually receives;
(2) rejected
wastes, which may be a full or partial shipment of hazardous waste that the
TSDF cannot accept; or
(3)
container residues, which are residues that exceed the quantity limits for
"empty" containers set forth in Subsection
R315-261-7(b)
and Section R315-266-507.
(b) Significant differences in
quantity are: For bulk waste, variations greater than 10% in weight; for batch
waste, any variation in piece count, such as a discrepancy of one drum in a
truckload. Significant differences in type are obvious differences that can be
discovered by inspection or waste analysis, such as waste solvent substituted
for waste acid, or toxic constituents not reported on the manifest or shipping
paper.
(c) Upon discovering a
significant difference in quantity or type, the owner or operator shall try to
reconcile the discrepancy with the waste generator or transporter, for example,
with telephone conversations. If the discrepancy is not resolved within 15 days
after receiving the waste, the owner or operator shall immediately submit to
the director a letter describing the discrepancy and attempts to reconcile it,
and a copy of the manifest or shipping paper at issue.
(d)
(1)
Upon rejecting waste or identifying a container residue that exceeds the
quantity limits for "empty" containers set forth in Subsection
R315-261-7(b),
the facility shall consult with the generator before forwarding the waste to
another facility that can manage the waste. If it is impossible to locate an
alternative facility that can receive the waste, the facility may return the
rejected waste or residue to the generator. The facility shall send the waste
to the alternative facility or to the generator within 60 days of the rejection
or the container residue identification.
(2) While the facility is making arrangements
for forwarding rejected wastes or residues to another facility under this
Section R315-265-72, it shall ensure
that either the delivering transporter keeps custody of the waste, or the
facility shall provide for secure, temporary custody of the waste, pending
delivery of the waste to the first transporter designated on the manifest
prepared under Subsection
R315-265-72(e)
or R315-265-72(f).
(e) Except as provided in
Subsection R315-265-72(e)(7),
for full or partial load rejections and residues that are to be sent off-site
to an alternate facility, the facility shall prepare a new manifest in
accordance with Subsection
R315-262-20(a)
and the following instructions:
(1) Write the
generator's U.S. EPA ID number in Item 1 of the new manifest. Write the
generator's name and mailing address in Item 5 of the new manifest. If the
mailing address is different from the generator's site address, then write the
generator's site address in the designated space in Item 5.
(2) Write the name of the alternate
designated facility and the facility's U.S. EPA ID number in the designated
facility block, Item 8, of the new manifest.
(3) Copy the manifest tracking number found
in Item 4 of the old manifest to the Special Handling and Additional
Information Block of the new manifest, and state that the shipment is a residue
or rejected waste from the previous shipment.
(4) Copy the manifest tracking number found
in Item 4 of the new manifest to the manifest reference number line in the
Discrepancy Block of the old manifest, Item 18a.
(5) Write the DOT description for the
rejected load or the residue in Item 9, U.S. DOT Description, of the new
manifest and write the container types, quantity, and volumes of
waste.
(6) Sign the
Generator's/Offeror's Certification to certify, as the offeror of the shipment,
that the waste has been properly packaged, marked and labeled and is in proper
condition for transportation, and mail a signed copy of the manifest to the
generator identified in Item 5 of the new manifest.
(7) For full load rejections that are made
while the transporter remains present at the facility, the facility may forward
the rejected shipment to the alternate facility by completing Item 18b of the
original manifest and supplying the information on the next destination
facility in the Alternate Facility space. The facility shall keep a copy of
this manifest for its records, and then give the remaining copies of the
manifest to the transporter to accompany the shipment. If the original manifest
is not used, then the facility shall use a new manifest and comply with
Subsections R315-265-72
(e)(1),
R315-265-72(e)(2),
R315-265-72(e)(3),
R315-265-72(e)(4),
R315-265-72(e)(5),
and R315-265-72(e)(6).
(f) Except as provided in
Subsection R315-265-72(f)(7),
for rejected wastes and residues that must be sent back to the generator, the
facility shall prepare a new manifest in accordance with Subsection
R315-262-20(a)
and the following instructions:
(1) Write the
facility's U.S. EPA ID number in Item 1 of the new manifest. Write the
facility's name and mailing address in Item 5 of the new manifest. If the
mailing address is different from the facility's site address, then write the
facility's site address in the designated space for Item 5 of the new
manifest.
(2) Write the name of the
initial generator and the generator's U.S. EPA ID number in the designated
facility block, Item 8, of the new manifest.
(3) Copy the manifest tracking number found
in Item 4 of the old manifest to the Special Handling and Additional
Information Block of the new manifest, and state that the shipment is a residue
or rejected waste from the previous shipment.
(4) Copy the manifest tracking number found
in Item 4 of the new manifest to the manifest reference number line in the
Discrepancy Block of the old manifest, Item 18a.
(5) Write the DOT description for the
rejected load or the residue in Item 9, U.S. DOT Description, of the new
manifest and write the container types, quantity, and volumes of
waste.
(6) Sign the
Generator's/Offeror's Certification to certify, as offeror of the shipment,
that the waste has been properly packaged, marked and labeled and is in proper
condition for transportation.
(7)
For full load rejections that are made while the transporter remains at the
facility, the facility may return the shipment to the generator with the
original manifest by completing Item 18a and 18b of the manifest and supplying
the generator's information in the Alternate Facility space. The facility shall
keep a copy for its records and then give the remaining copies of the manifest
to the transporter to accompany the shipment. If the original manifest is not
used, then the facility shall use a new manifest and comply with Subsections
R315-265-72(f)(1),
R315-265-72(f)(2),
R315-265-72(f)(3),
R315-265-72(f)(4),
R315-265-72(f)(5),
R315-265-72(f)(6),
and R315-265-72(f)(8).
(8) For full or partial load rejections and
container residues contained in non-empty containers that are returned to the
generator, the facility shall also comply with the exception reporting
requirements in Subsection
R315-262-42(a).
(g) If a facility rejects a waste
or identifies a container residue that exceeds the quantity limits for "empty"
containers set forth in Subsection
R315-261-7(b)
after it has signed, dated, and returned a copy of the manifest to the
delivering transporter or to the generator, the facility shall amend its copy
of the manifest to show the rejected wastes or residues in the discrepancy
space of the amended manifest. The facility shall also copy the manifest
tracking number from Item 4 of the new manifest to the discrepancy space of the
amended manifest and shall re-sign and date the manifest to certify to the
information as amended. The facility shall keep the amended manifest for at
least three years from the date of amendment, and shall within 30 days, send a
copy of the amended manifest to the transporter and generator that received
copies before their being amended.
Notes
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