20.9.8.19

MANIFEST REQUIREMENTS.

1. A. Each generator or his authorized agent shall prepare a manifest to accompany each load of special waste, including:

   (1) the name, address and telephone number of the generator and origin of the special waste;

   (2) the name, address and telephone number of all haulers in the order each will be transporting the waste;

   (3) the name, site address, telephone number and identification number of the solid waste facility to which the waste is to be delivered;

   (4) the type and proper name of waste being shipped;

   (5) the total weight or volume of waste prior to shipment from the generator;

   (6) the type and number of containers in the shipment; and

   (7) any special handling instructions.

2. B. The generator or his authorized agent shall sign the manifest and obtain the signature of the initial transporter and date of acceptance on the manifest, and shall retain a copy of the manifest. Each hauler shall obtain the signature of the individual who accepts the special waste for storage, further transportation or disposal, retain a copy of the manifest, and provide the original manifest to the next hauler or solid waste facility operator who receives the special waste.
3. C. The manifest shall accurately reflect the required information and shall be signed and dated by the generator and each hauler of the special waste, and by the solid waste facility owner or operator, acknowledging delivery, weight or volume, and receipt of the special waste. All signatories shall be duly authorized agents of their organizations. The generator shall keep a copy of the originating manifest for three years.
4. D. Upon discovery of any significant discrepancy including, but not limited to, factual misrepresentation on the manifest, irregularities in transportation, discharges, or any unauthorized action in regard to the shipment, delivery, or disposal of the solid waste, the person discovering the discrepancy shall notify the department, the generator, hauler, and the solid waste facility operator in writing within 24 hours.
5. E. Within 30 days of receipt of a special waste shipment at the solid waste facility, the owner or operator shall send the original signed copy of the manifest to the generator, acknowledging receipt of the shipment. The facility owner or operator shall list any discrepancies on the manifest. Other methods of return of the manifest may be allowed upon specific approval from the secretary.
6. F. A copy of the manifest shall be retained by each hauler, and solid waste facility operator for their operating records. The generator shall retain for a period of three years both the originating copy and the returned original manifest signed by the solid waste facility owner or operator and all haulers transporting the waste. Haulers shall retain a copy of the manifest for a period of three years.

7. G. Copies of the manifest shall be retained by the facility owner or operator throughout any post-closure period.

   HISTORY OF 20.9.8 NMAC:

   Pre-NMAC History: The material in this part was derived from that previously filed with the commission of public records - state records center.

   EIB 74-1, Solid Waste Management Regulations, filed 5/3/74.

   EIB/SWMR-2, Solid Waste Management Regulations, filed 4/14/89.

   EIB/SWMR-3, Solid Waste Management Regulations, filed 12/31/91.

   EIB/SWMR-4, Solid Waste Management Regulations, filed 7/18/94.

   History of Repealed Material: 20 NMAC 9.1, Solid Waste Management Regulations (filed 10/27/95) repealed 8/2/2007.

   Other History:

   EIB/SWMR-4, Solid Waste Management Regulations (filed 7/18/94) was renumbered into first version of the New Mexico Administrative Code as 20 NMAC 9.1, Solid Waste Management Regulations, effective 11/30/95.

   That applicable portion of 20 NMAC 9.1, Subpart VII, Special Waste Requirements, (filed 10/27/95), was renumbered, reformatted and replaced by 20.9.8 NMAC, Special Waste Requirements, effective 8/2/2007.

[20.9.8.19 NMAC - Rp, 20 NMAC 9.1.VII.712, 8/2/2007]