Use of the Manifest System

(1) Upon receipt by a facility of hazardous waste, the owner or operator or his agent shall: (a) Comply with the requirements of 310 CMR 30.313 through 30.315, as applicable; (b) Sign and date each copy of the manifest to certify that the hazardous waste described by the manifest was received, except as noted in a manifest discrepancy, or if the waste was rejected; (c) Note on the manifest or in attached documentation any significant discrepancies in the shipment as described in 310 CMR 30.533. The owner or operator of a facility does not need to perform a detailed waste analysis before signing the manifest and giving the transporter his copy; however, 310 CMR 30.533(2) requires the reporting of any unreconciled discrepancy discovered during later analysis. (d) Immediately give the transporter at least one copy of the signed manifest; (e) Within 30 days after the delivery, send a copy of the manifest to the generator; (f) Within 30 days after the delivery, send a copy of the manifest to the Department and, if required, to the State of origin of the shipment, if not Massachusetts; (g) Retain at the facility a copy of each manifest for at least three years from the date of receipt of the hazardous waste at the facility; and (h) Determine whether the destination 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 destination state or generator state requires the facility to submit any copies of the manifest to these states. (2) Upon receipt of an unmanifested shipment of hazardous waste, a facility owner or operator shall comply with 310 CMR 30.534. (3) If a facility receives, from a rail or bulk shipment water transporter, hazardous waste which is accompanied by a manifest or a shipping paper containing all the information required on the manifest, excluding only the EPA identification numbers, generator's certification, and signatures, the owner or operator, or his agent, shall: (a) Sign and date each copy of the manifest, or shipping paper if the manifest has not been received, to certify that the hazardous waste described by the manifest or shipping paper has been received. (b) Note any significant discrepancies, as described in 310 CMR 30.533(1), in the manifest, or shipping paper if the manifest has not been received, on each copy of the manifest or shipping paper; (c) Immediately give the rail or bulk shipment water transporter at least one copy of the manifest, or shipping paper if the manifest has not been received; (d) Within 30 days after receipt of the hazardous waste, send a copy of the signed and dated manifest to the generator. If the manifest has not been received within 30 days after receipt of the hazardous waste, the owner or operator, or his agent, shall send a copy of the shipping paper, signed and dated, to the generator; (e) Within 30 days after the receipt of the hazardous waste, send a copy of the manifest, or shipping paper if the manifest has not been received, to the Department and to the State of origin of the shipment, if not Massachusetts; and (f) Retain at the facility a copy of the manifest, and the shipping paper if signed in lieu of the manifest at the time of delivery, for at least three years from the date of the receipt of the hazardous waste by the facility. (4) Whenever a facility initiates a shipment of hazardous waste or generates hazardous waste, the owner or operator of that facility shall comply with the requirements of 310 CMR 30.300 with respect to that hazardous waste. (5) If a facility receives hazardous waste imported from a foreign source, the receiving facility shall mail a copy of the manifest to the following address within 30 days of delivery: International Compliance Assurance Division, OFA/OECA (2254A), U.S. Environmental Protection Agency, Ariel Rios Building, 1200 Pennsylvania Avenue, NW., Washington, DC 20460.