R 299.9309 Manifest requirements applicable to small and large quantity generators.

Rule 309. (1) A small quantity or large quantity generator that transports, or offers for transport, a hazardous waste for off-site treatment, storage, or disposal, or a treatment, storage, or disposal facility that offers for transport a rejected hazardous waste load, shall do all the following for both domestic and international shipments: (a) Prepare a manifest, OMB Control number 2050-0039, on EPA Form 8700-22, and if necessary, EPA Form 8700-22A. (b) Use a manifest in accordance with 40 CFR 262.20 to 262.23, and 262.27 before transporting the waste offsite. (c) Instead of using a paper manifest as specified in subdivisions (a) and (b) of this subrule, prepare and use an electronic manifest in accordance with 40 CFR 3.10 and 262.24. (d) Use a transporter or be a transporter, if a generator transports their own hazardous waste, that is registered and permitted under act 138 and part 4 of these rules. (2) The electronic signature methods for the e-manifest system must be methods that are designed and implemented in a manner that the EPA considers to be as cost-effective and practical as possible for the user of the manifest. An electronic signature must be a legally valid and enforceable signature under applicable EPA and other federal requirements pertaining to electronic signatures. (3) The requirements of this rule do not apply to hazardous waste that is produced by a small quantity generator if both of the following requirements are met: (a) The waste is reclaimed under a contractual agreement that specifies the type of waste and frequency of shipments and the vehicle used to transport the waste to the recycling facility and to deliver the regenerated material back to the generator is owned and operated by the reclaimer of the waste. (b) The generator maintains a copy of the reclamation agreement in the generator's files for a period of not less than 3 years after termination or expiration of the agreement. (4) A small quantity or large quantity generator that authorizes a transporter to commingle the generator’s hazardous waste under R 299.9405(2) or (3) shall do either of the following: (a) Place in the special handling instructions and additional information section of the manifest the hazardous waste number followed by the letters "CS," as specified in R 299.9405(2), or the letters "CD," as specified in R 299.9405(3), and the associated manifest line item. (b) Place in the special handling instructions and additional information section of the manifest the words "Commingle Same," as specified in R 299.9405(2), or the words "Commingle Different," as specified in R 299.9405(3), and the associated manifest line item. (5) The requirements of this rule and R 299.9310(1)(d) do not apply to the transport of hazardous waste shipments on a public or private right-of-way within or along the border of contiguous property under the control of the same person, even if the property is contiguous property divided by a public or private right-of-way. Notwithstanding R 299.9401, the generator or transporter shall comply with the requirements for transporters in R 299.9410 in the event of a discharge of hazardous waste on a public or private right-of-way. (6) 40 CFR 3.10, 262.20, 262.21, 262.22, 262.23, 262.24, and 262.27 and the appendix to part 262 are adopted by reference in R 299.11003. For the purposes of adoption, the term "site identification number" replaces the term "EPA identification number," the term "R 299.9207" replaces the term "§261.7," and the term "§264.72" replaces the term "§265.72."