California Code of Regulations › Title 22 - Social Security › Division 4.5 - Environmental Health Standards for the Management of Hazardous Waste › Chapter 13 - Standards Applicable to Transporters of Hazardous Waste › Article 2 - Compliance with the Manifest System and Recordkeeping › Section 66263.20 - Manifest Procedures for the Transporter

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
(1)
				  Manifest requirement. A transporter shall not accept hazardous waste from a
				  generator unless it is accompanied by a manifest completed and signed in
				  accordance with the provisions of article 2, chapter 12 of this division. In
				  the case of RCRA hazardous waste exports other than those subject to Subpart H
				  of 40 Code of Federal Regulations Part 262 and this article, a transporter
				  shall not accept such waste from a primary exporter or other person (1) if the
				  transporter knows the shipment does not conform to the U.S. EPA Acknowledgment
				  of Consent; (2) unless, in addition to a manifest signed in accordance with the
				  provisions of article 2, chapter 12 of this division or an electronic manifest
				  that is obtained, completed, and transmitted in accordance with 40 Code of
				  Federal Regulations section
				  262.20(a)(3), and
				  signed with a valid and enforceable electronic signature as described in
				  section 262.25, and such waste is also
				  accompanied by an U.S. EPA Acknowledgment of Consent which, except for shipment
				  by rail, is attached to the manifest (or shipping paper for exports by water
				  (bulk shipment).
(2) Exports. For
				  exports of hazardous waste subject to the requirements of Subpart H of 40 Code
				  of Federal Regulations Part 262, and this article, a transporter shall not
				  accept hazardous waste without a manifest signed by the generator in accordance
				  with 40 Code of Federal Regulations section
				  263.20 and this article, as
				  appropriate, and a movement document that includes all information required by
				  40 Code of Federal Regulations section
				  262.83(d) and
				  section 66262.83(d).
(3) Compliance date for form revisions. The
				  revised Manifest form and procedures in 40 Code of Federal Regulations sections
				  260.10,
				  261.7,
				  263.20, and
				  263.21, had an effective date of
				  September 5, 2006. The Manifest form and procedures in 40 Code of Federal
				  Regulations sections
				  260.10,
				  261.7,
				  263.20, and
				  263.21, contained in 40 Code of
				  Federal Regulations sections
				  260 to
				  265, edition revised as of July 1,
				  2004, were applicable until September 5, 2006.
(4) Use of electronic manifest-legal
				  equivalence to paper forms for participating transporters. 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.
(A) Any
				  requirement in title 22 division 4.5 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).
(B) Any requirement in title 22, division 4.5
				  to give, provide, send, forward, or return to another person a copy of the
				  manifest is satisfied when a copy of an electronic manifest is transmitted to
				  the other person by submission to the e-Manifest System.
(C) 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, except that to the extent that 49 Code of Federal Regulations section
				  177.817 requires transporters of
				  hazardous materials for carriage by public highway to carry a paper document, a
				  hazardous waste transporter shall carry one printed copy of the electronic
				  manifest on the transport vehicle.
(D) Any requirement in title 22, division 4.5
				  for a transporter to keep or retain a copy of a manifest is satisfied by the
				  retention of an electronic manifest in the transporter's 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.
(E) No transporter may
				  be held liable for the inability to produce an electronic manifest for
				  inspection under this section if that transporter can demonstrate that the
				  inability to produce the electronic manifest is exclusively due to a technical
				  difficulty with the U.S. EPA system for which the transporter bears no
				  responsibility.
(5) A
				  transporter may participate in the e-Manifest System either by accessing the
				  e-Manifest System from the transporter's own electronic equipment, or by
				  accessing the e-Manifest System from the equipment provided by a participating
				  generator, by another transporter, or by a designated facility.
(6) Special procedures when electronic
				  manifest is not available. If after a manifest has been originated
				  electronically and signed electronically by the initial transporter, and the
				  e-Manifest System should become unavailable for any reason, then:
(A) The transporter in possession of the
				  hazardous waste when the electronic manifest becomes unavailable shall
				  reproduce sufficient copies of the printed manifest that is carried on the
				  transport vehicle pursuant to paragraph (a)(4)(C) of this section, or obtain
				  and complete another paper manifest for this purpose. The transporter shall
				  reproduce sufficient copies to provide the transporter and all subsequent waste
				  handlers with a copy for their files, plus two additional copies that will be
				  delivered to the designated facility with the hazardous waste.
(B) On each printed copy, the transporter
				  shall include a notation in the Special Handling and Additional Description
				  space (Item 14) that the paper manifest is a replacement manifest for a
				  manifest originated in the e-Manifest System, shall include (if not pre-printed
				  on the replacement manifest) the manifest tracking number of the electronic
				  manifest that is replaced by the paper manifest, and shall also include a brief
				  explanation why the electronic manifest was not available for completing the
				  tracking of the shipment electronically.
(C) A transporter signing a replacement
				  manifest to acknowledge receipt of the hazardous waste shall ensure that each
				  paper copy is individually signed and that a legible handwritten signature
				  appears on each copy.
(D) From the
				  point at which the electronic manifest is no longer available for tracking the
				  waste shipment, the paper replacement manifest copies shall be carried, signed,
				  retained as records, and given to a subsequent transporter or to the designated
				  facility, following the instructions, procedures, and requirements that apply
				  to the use of all other paper manifests.
(7) Special procedures for electronic
				  signature methods undergoing tests. If a transporter 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
				  transporter shall sign the electronic manifest electronically and also sign
				  with an ink signature the transporter acknowledgement of receipt of materials
				  on the printed copy of the manifest that is carried on the vehicle in
				  accordance with paragraph (a)(4)(C) of this section. This printed copy bearing
				  the generator's and transporter's ink signatures shall also be presented by the
				  transporter to the designated facility to sign in ink to indicate the receipt
				  of the waste materials or to indicate discrepancies. After the owner/operator
				  of the designated facility has signed this printed manifest copy with its ink
				  signature, the printed manifest copy shall be delivered to the designated
				  facility with the waste materials.
(8) Reserved.
(9) 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) named on the manifest. Transporters may
				  participate electronically in the post-receipt data corrections process by
				  following the process described in 40 Code of Federal Regulations section
				  264.71 (
l
), which
				  applies to corrections made to either paper or electronic manifest
				  records.