Section 664.0071. Use of manifest system.

 

(1)  

(a) If a facility receives hazardous waste accompanied by a manifest, the owner or operator, or an agent, shall sign and date each copy of the manifest as indicated in par. (b) 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.

(b) If a facility receives a hazardous waste shipment accompanied by a manifest, the owner, operator or an agent shall do all of the following:

1. Sign and date, by hand, each copy of the manifest.

2. Note any discrepancies, as defined in s. NR 664.0072 (1) , on each copy of the manifest.

3. Immediately give the transporter at least one copy of the manifest.

4. Within 30 days of delivery, send a copy of the manifest to the generator and, within 45 days, send one copy of the manifest to the department in an electronic format specified by the department.

5. Retain at the facility a copy of each manifest for at least 3 years from the date of delivery.

6. Pay a manifest fee for each manifest submitted as designated in ch. NR 670 Appendix II . The department will bill each facility annually for accumulated manifest review fees.

(c) If a facility receives hazardous waste imported from a foreign source, the owner or operator of 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.

(2)  If a facility receives, from a rail or water (bulk shipment) transporter, hazardous waste which is accompanied by a shipping paper containing all the information required on the manifest (excluding the EPA identification numbers, generator's certification, and signatures), the owner or operator, or an agent, shall do all of the following:

(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 covered by the manifest or shipping paper was received.

(b) Note any significant discrepancies (as defined in s. NR 664.0072 (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 water (bulk shipment) transporter at least one copy of the manifest or shipping paper (if the manifest has not been received).

(d) Within 30 days after the delivery, send one 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, within 45 days, send one copy of the manifest to the department in an electronic format specified by the department.

(e) Retain at the facility a copy of the manifest and shipping paper (if signed in lieu of the manifest at the time of delivery) for at least 3 years from the date of delivery.

(f) Pay a manifest fee for each manifest submitted as designated in ch. NR 670 Appendix II . The department will bill each facility annually for accumulated manifest review fees.

(3)  Whenever a shipment of hazardous waste is initiated from a facility, the owner or operator of that facility shall comply with the requirements of ch. NR 662 .

(4)  Within 3 working days of the receipt of a shipment subject to subch. H of ch. NR 662 , the owner or operator of the facility shall provide a copy of the tracking document bearing all required signatures to the notifier, to the Office of Enforcement and Compliance Assurance, Office of Compliance, Enforcement Planning, Targeting and Data Division (2222A), U.S. Environmental Protection Agency, 1200 Pennsylvania Ave., N.W., Washington, DC 20460, and to competent authorities of all other concerned countries. The original copy of the tracking document shall be maintained at the facility for at least 3 years from the date of signature.

(5)  The owner or operator of 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. The owner or operator of a facility shall also determine whether the consignment state or generator state requires the facility to submit any copies of the manifest to these states.

History: CR 05-032 : cr. Register July 2006 No. 607 , eff. 8-1-06; CR 06-102 : am. Register March 2007 No. 615 , eff. 4-1-07; corrections in (1) (b) 6., (2) (f) made under s. 13.92 (4) (b) 7. , Stats., Register March 2013 No. 687 .

Note

The department does not intend that the owner or operator of a facility whose procedures under s. NR 664.0013 (3) include waste analysis shall perform that analysis before signing the shipping paper and giving it to the transporter. Section NR 664.0072 (2) , however, requires reporting an unreconciled discrepancy discovered during later analysis. Microsoft Windows NT 6.1.7601 Service Pack 1 Section NR 662.023 (3) requires the generator to send 3 copies of the manifest to the facility when hazardous waste is sent by rail or water (bulk shipment). Microsoft Windows NT 6.1.7601 Service Pack 1 The provisions of s. NR 662.034 or 662.192 are applicable to the on-site accumulation of hazardous wastes by generators. Therefore, the provisions of s. NR 662.034 or 662.192 only apply to owners or operators who are shipping hazardous waste which they generated at that facility. Microsoft Windows NT 6.1.7601 Service Pack 1