California Code of Regulations › Title 22 - Social Security › Division 4.5 - Environmental Health Standards for the Management of Hazardous Waste › Chapter 15 - Interim Status Standards for Owners and Operators of Hazardous Waste Transfer, Treatment, Storage, and Disposal Facilities › Article 5 - Manifest System, Recordkeeping, and Reporting › Section 66265.71 - Use of Manifest System

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
(1) If a facility receives hazardous waste
				  accompanied by a manifest, the owner or operator, or the facility's agent,
				  shall sign and date each copy of the manifest as indicated in paragraph (a)(2)
				  of this section 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.
(2) If a facility receives a hazardous waste
				  shipment accompanied by a manifest, including a facility located out of state,
				  the owner, operator or the facility's agent shall:
(A) sign and date, by hand, each copy of the
				  manifest;
(B) note any significant
				  discrepancies in the manifest (as defined in section
				  66265.72, subsection (a)) on each
				  copy of the manifest, and enter the most appropriate Hazardous Waste Report
				  Management Method codes for each waste listed on the manifest from the list
				  published in the most recent
Hazardous Waste Report, Instructions and
				  Forms
(EPA Form 8700-13A/B) and shown in Appendix II of chapter
				  14.
(C) immediately give the
				  transporter at least one copy of the signed manifest;
(D) within 30 days after the delivery, send a
				  copy of the manifest to the generator;
(E) retain at the facility a copy of each
				  manifest for at least three years from the date of delivery;
(F) Through June 29, 2018, within 30 days of
				  each receipt of hazardous waste submit to the Department a legible copy of each
				  manifest used. The facility manifest copy shall be submitted to the department
				  for every shipment on a manifest when California is either the generator state
				  or the destination state. The facility manifest copy shall be mailed to:
DTSC FACILITY MANIFESTS
P.O. BOX 3000
SACRAMENTO, CA 95812-3000;
and
(G)
				  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. Facilities shall also determine
				  whether the consignment state or generator state requires the facility to
				  submit any copies of the manifest to these states.
(H) Paper manifest submission requirements
				  are:
1. Options for compliance on June 30,
				  2018. Beginning on June 30, 2018, send the top copy (Page 1) of any paper
				  manifest and any paper continuation sheet to the U.S. EPA's e-Manifest System
				  for purposes of data entry and processing, or in lieu of submitting the paper
				  copy to U.S. EPA, the owner or operator may transmit to the e-Manifest System
				  an image file of Page 1 of the manifest and any continuation sheet, or both a
				  data file and image file corresponding to Page 1 of the manifest and any
				  continuation sheet, within 30 days of the date of delivery. Submissions of
				  copies to the e-Manifest System shall be made at the mailing address or
				  electronic mail/submission address specified at the e-Manifest program
				  website's directory of services. Beginning on June 30, 2021, U.S. EPA will not
				  accept mailed paper manifests from facilities for processing in the e-Manifest
				  System.
2. Options for compliance
				  on June 30, 2021. Beginning on June 30, 2021, the requirement to submit the top
				  copy (Page 1) of the paper manifest and any paper continuation sheet to the
				  e-Manifest System for purposes of data entry and processing may be met by the
				  owner or operator only by transmitting to the e-Manifest System an image file
				  of Page 1 of the manifest and any continuation sheet, or by transmitting to the
				  e-Manifest System both a data file and the image file corresponding to Page 1
				  of the manifest and any continuation sheet, within 30 days of the date of
				  delivery. Submissions of copies to the e-Manifest System shall be made to the
				  electronic mail/submission address specified at the e-Manifest program
				  website's directory of services.
(I) Electronic manifests that are obtained,
				  completed, and transmitted in accordance with 40 Code of Federal Regulations
				  section 262.20(a)(3), and used in lieu of EPA Forms 8700-22 and 8700-22A, are
				  the legal equivalent of paper manifest forms bearing handwritten signatures,
				  and satisfy for all purposes any requirement in this chapter to obtain,
				  complete, sign, provide, use, or retain a manifest.
1. Any requirement in title 22, division 4.5
				  for the owner or operator of a facility to sign a manifest or manifest
				  certification by hand, or to obtain a handwritten signature, is satisfied by
				  signing with or obtaining a valid and enforceable electronic signature within
				  the meaning of 40 Code of Federal Regulations section 262.25(a).
2. Any requirement in title 22, division 4.5
				  to give, provide, send, forward, or to return to another person a copy of the
				  manifest is satisfied when a copy of an electronic manifest is transmitted to
				  the other person.
3. Any
				  requirement in title 22, division 4.5 for a manifest to accompany a hazardous
				  waste shipment is satisfied when a copy of an electronic manifest is accessible
				  during transportation and forwarded to the person or persons who are scheduled
				  to receive delivery of the waste shipment.
4. Any requirement in title 22, division 4.5
				  for an owner or operator to keep or retain a copy of each manifest is satisfied
				  by the retention of the facility's electronic manifest copies in its account on
				  the e-Manifest System, provided that such copies are readily available for
				  viewing and production if requested by any U.S. EPA or authorized state
				  inspector.
5. No owner or operator
				  may be held liable for the inability to produce an electronic manifest for
				  inspection under this section if the owner or operator can demonstrate that the
				  inability to produce the electronic manifest is due exclusively to a technical
				  difficulty with the e-Manifest System for which the owner or operator bears no
				  responsibility.
(J) An
				  owner or operator may participate in the e-Manifest System either by accessing
				  the e-Manifest System from the owner's or operator's electronic equipment, or
				  by accessing the e-Manifest System from portable equipment brought to the
				  owner's or operator's site by the transporter who delivers the waste shipment
				  to the facility.
(K) Special
				  procedures applicable to replacement manifests. If a facility receives
				  hazardous waste that is accompanied by a paper replacement manifest for a
				  manifest that was originated electronically, the following procedures apply to
				  the delivery of the hazardous waste by the final transporter:
1. Upon delivery of the hazardous waste to
				  the designated facility, the owner or operator shall sign and date each copy of
				  the paper replacement manifest by hand in Item 20 (Designated Facility
				  Certification of Receipt) and note any discrepancies in Item 18 (Discrepancy
				  Indication Space) of the paper replacement manifest,
2. The owner or operator of the facility
				  shall give back to the final transporter one copy of the paper replacement
				  manifest,
3. Within 30 days of
				  delivery of the waste to the designated facility, the owner or operator of the
				  facility shall send one signed and dated copy of the paper replacement manifest
				  to the generator, and send an additional signed and dated copy of the paper
				  replacement manifest to the e-Manifest System, and
4. The owner or operator of the facility
				  shall retain at the facility one copy of the paper replacement manifest for at
				  least three years from the date of delivery.
(L) Special procedures applicable to
				  electronic signature methods undergoing tests. If an owner or operator using an
				  electronic manifest signs this manifest electronically using an electronic
				  signature method which is undergoing pilot or demonstration tests aimed at
				  demonstrating the practicality or legal dependability of the signature method,
				  then the owner or operator shall also sign with an ink signature the facility's
				  certification of receipt or discrepancies on the printed copy of the manifest
				  provided by the transporter. Upon executing its ink signature on this printed
				  copy, the owner or operator shall retain this original copy among its records
				  for at least 3 years from the date of delivery of the waste.
(M)
1. As
				  prescribed in 40 Code of Federal Regulations section 265.1311, and determined
				  in 40 Code of Federal Regulations section 265.1312, an owner or operator who is
				  a user of the e-Manifest System shall be assessed a user fee by U.S. EPA for
				  the submission and processing of each electronic and paper manifest. U.S. EPA
				  shall update the schedule of user fees and publish them to the user community,
				  as provided in 40 Code of Federal Regulations section 265.1313.
2. An owner or operator subject to user fees
				  under this section shall make user fee payments in accordance with the
				  requirements of 40 Code of Federal Regulations section 265.1314, subject to the
				  informal fee dispute resolution process of 40 Code of Federal Regulations
				  section 265.1316, and subject to the sanctions for delinquent payments under 40
				  Code of Federal Regulations section 265.1315.
3. An owner or operator shall submit to the
				  e-Manifest System a final copy of the manifest for data processing
				  purposes.
(N) Electronic
				  manifest signatures under this chapter shall meet the criteria described in 40
				  Code of Federal Regulations section 262.25(a).
(O) After facilities have certified to the
				  receipt of hazardous wastes by signing Item 20 of the manifest, any
				  post-receipt data corrections may be submitted at any time by any interested
				  person (e.g., waste handler) shown on the manifest.
1. Interested persons shall make all
				  corrections to manifest data by electronic submission, either by directly
				  entering corrected data to the web based service provided in the e-Manifest
				  System for such corrections, or by an upload of a data file containing data
				  corrections relating to one or more previously submitted manifests.
2. Each correction submission shall include
				  the following information:
a. The Manifest
				  Tracking Number and date of receipt by the facility of the original manifest(s)
				  for which data are being corrected;
b. The item number(s) of the original
				  manifest that is the subject of the submitted correction(s); and
c. For each item number with corrected data,
				  the data previously entered and the corresponding data as corrected by the
				  correction submission.
3. Each correction submission shall include a
				  statement that the person submitting the corrections certifies that to the best
				  of their knowledge or belief, the corrections that are included in the
				  submission will cause the information reported about the previously received
				  hazardous wastes to be true, accurate, and complete:
a. The certification statement shall be
				  executed with a valid electronic signature; and
b. A batch upload of data corrections may be
				  submitted under one certification statement.
4. Upon receipt by the e-Manifest System of
				  any correction submission, other interested persons shown on the manifest will
				  be provided electronic notice of the submitter's corrections.
5. Other interested persons shown on the
				  manifest may respond to the submitter's corrections with comments to the
				  submitter, or by submitting another correction to the e-Manifest System,
				  certified by the respondent as specified in paragraph (O)3. of this section,
				  and with notice of the corrections to other interested persons shown on the
				  manifest.
(3)
				  The owner or operator of a facility that receives hazardous waste subject to 40
				  Code of Federal Regulations part 262, subpart H and article 8, chapter 12 of
				  this division from a foreign source shall:
(A)
				  Additionally list the relevant consent number from consent documentation
				  supplied by U.S. EPA to the facility for each waste listed on the manifest,
				  matched to the relevant list number for the waste from block 9b. If additional
				  space is needed, the owner or operator should use a Continuation Sheet(s) (U.S.
				  EPA Form 8700-22A); and
(B) Send a
				  copy of the manifest to U.S. EPA using the addresses listed in 40 Code of
				  Federal Regulations section 262.82(e) and section 66262.82(e) within thirty
				  (30) days of delivery until the facility can submit such a copy to the
				  e-Manifest system per 40 Code of Federal Regulations section
				  265.71(a)(2)(v).