- (a) A transporter may not accept hazardous waste from a generator or other shipper unless it is accompanied by a manifest signed by the generator in accordance with 27 CAR § 113-103.
(b)
- (1) Before transporting the hazardous waste, the transporter must sign and date the manifest acknowledging acceptance of the hazardous waste from the generator.
- (2) The transporter must return a signed copy to the generator before leaving the generator’s property.
- (c) The transporter must ensure that the manifest accompanies the hazardous waste.
(d) A transporter who delivers a hazardous waste to another transporter or to a designated facility must:
- (1) Obtain the date of delivery and the handwritten signature of that transporter, or the owner or the operator of the designated facility on the manifest;
- (2) Retain one (1) copy of the manifest; and
- (3) Give the remaining copies of the manifest to the accepting transporter or designated facility.
(e) The requirements of subsections (c) and (d) of this section do not apply to rail or water (bulk shipment) transporters if:
- (1) The hazardous waste is delivered by rail or water to a designated facility;
- (2) A shipping paper containing all information required on the manifest (excluding the EPA numbers, generator certification, and signatures) accompanies the hazardous waste;
- (3) The delivery transporter obtains the date and handwritten signature of the owner or operator of the designated facility on either the manifest or the shipping paper;
- (4) The person delivering the hazardous waste to the initial rail or water transporter obtains the date of delivery and signature of the rail or water transporter on the manifest or shipping paper and forwards it to the designated facility; and
- (5) A copy of the shipping paper or manifest is retained by each rail or water transporter.
(f) Transporters who transport hazardous waste out of the United States must:
- (1) Indicate on the manifest the date the hazardous waste left the United States;
- (2) Sign the manifest and retain one (1) copy; and
- (3) Return a signed copy of the manifest to the generator.
(g) The transporter must deliver the entire quantity of hazardous waste which he or she has accepted from the generator or a transporter to:
- (1) The designated facility listed on the manifest;
- (2) The alternate designated facility, if the hazardous waste cannot be delivered to the designated facility because emergency prevents delivery;
- (3) The next designated transporter; or
- (4) The place outside the United States designated by the transporter.
- (h) If the hazardous waste cannot be delivered in accordance with subsection (g) of this section, the transporter must contact the generator for further directions and must revise the manifest according to the generator’s instructions.
(i) Recordkeeping.
- (1) A transporter of hazardous waste and the next designated transporter or the owner or operator of the designated facility must keep a copy of the manifest signed by the generator for a period of three (3) years from the date the hazardous waste was accepted by the initial transporter.
- (2) For shipments delivered to the designated facility by rail or water, each rail or water transporter must retain a copy of shipping papers containing all public information required by the Division of Environmental Quality and the Environmental Protection Agency for a period of three (3) years.
- (3) A transporter who transports hazardous waste out of the United States must keep a copy of the manifest indicating that the hazardous waste left the United States.
(4) Periods of retention referred to in this section are extended automatically during the course of any unresolved enforcement action regarding the regulated activity or as requested by the:
- (A) Administrator of the Environmental Protection Agency;
- (B) Division of Environmental Quality; or
- (C) State Highway Commission.