Manifest Discrepancies

(1) Manifest discrepancies are: (a) Significant differences, as defined at 310 CMR 30.533(2), 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; (b) Rejected wastes, which may be a full or partial shipment of hazardous waste that the TSDF cannot accept; or (c) Container residues, which are residues that exceed the quantity limits for “empty” containers set forth in 310 CMR 30.106(2). (2) 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, which can be discovered by inspection or waste analysis, such as waste solvent substituted for waste acid. (3) Upon discovering a significant difference in quantity or type, the owner or operator must attempt to reconcile the discrepancy with the waste generator or transporter (e.g., with telephone conversations). If the discrepancy is not resolved within 15 days after receiving the waste, the owner or operator shall immediatelysubmit to the Department a letter describing the discrepancy and attempts to reconcile it, and a copy of the manifest or shipping paper at issue. (4) (a) Upon rejecting waste or identifying a container residue that exceeds the quantity limits for “empty” containers set forth in 310 CMR 30.106(2), the facility shall consult with the generator prior to 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, which shall sign the manifest for the returned shipment in compliance with 310 CMR 30.340(9)(a) or (b). 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. (b) While the facility is making arrangements for forwarding rejected wastes or residues to another facility under 310 CMR 30.533(4), it shall ensure that either the delivering transporter retains custody of the waste while present at the facility, or the facility must provide for secure, temporary custody of the waste, pending delivery of the waste to the first transporter designated on the manifest prepared under 310 CMR 30.533(5) and (6). (5) Except as provided in 310 CMR 30.533(5)(g), 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 310 CMR 30.311(1) and the following instructions: (a) 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. (b) 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. (c) 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 indicate that the shipment is a residue or rejected waste from the previous shipment. (d) 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) of 310 CMR 30.000. (e) 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 volume(s) of waste. (f) 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. (g) 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 retain 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 310 CMR 30.533(5)(a) through (f). (6) Except as provided at 310 CMR 30.533(6)(g), for rejected wastes and residues that are to be sent back to the generator, the facility shall prepare a new manifest in accordance with 310 CMR 30.311(1) of this chapter and the following instructions: (a) Write the facility'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 for Item 5. (b) 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. (c) 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 indicate that the shipment is a residue or rejected waste from the previous shipment. (d) 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). (e) 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 volume(s) of waste. (f) 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, (g) For full load rejections that are made while the transporter remains at the facility, the facility shall return the shipment to the generator with the original manifest by completing Item 18b of the manifest and supplying the generator's information in the Alternate Facility space. The facility shall retain 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 CMR 30.533(6)(a) through (f). (7) If a facility rejects a waste or identifies a container residue that exceeds the quantity limits for “empty” containers set forth in 310 CMR 30.106(2) 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 indicate 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 retain 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 Department, transporter and generator that received copies prior to their being amended.