Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › LAND DIVISION - HAZARDOUS WASTE PROGRAM › Chapter 335-14-4 - STANDARDS APPLICABLE TO TRANSPORTERS OF HAZARDOUS WASTE › Section 335-14-4-.02 - Compliance With The Manifest System And Recordkeeping

Current through Register Vol. 42, No. 9, June 28, 2024
(1)
The manifest
				system
.
(a)
Manifest
				requirement
1. A transporter may
				not accept hazardous waste from a generator unless the transporter is also
				provided with a manifest signed in accordance with the requirements of
				335-14-3-.02(4)
				or 334-14-3-.02(5).
2.
Exports
. For exports of hazardous waste subject to the
				requirements of subpart H of 40 CFR part 262 [incorporated by reference at
				335-14-3-.09], a transporter may
				not accept hazardous waste without a manifest signed by the generator in
				accordance with
				335-14-4-.02, as appropriate, and
				for exports occurring under the terms of a consent issued by EPA on or after
				December 31, 2016, a movement document that included all information required
				by 40 CFR
				262.83(d) [incorporated by
				reference at
				335-14-3-.09(5)]
				.
3.
Compliance Date
				for Form Revisions
. Compliance with the revisions to the Manifest
				form and procedures announced in the regulation published by EPA on March 4,
				2005 were not required until September 4, 2006. The Manifest form and
				procedures 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
				335-14-3-.02(1)(a)3.,
				and used in accordance with
				335-14-4-.02(1)(a)4.
				in lieu of EPA Forms 8700-22 and 8700-22A, are the legal equivalent of paper
				manifest forms bearing handwritten signatures, and satisfy any requirement to
				obtain, complete, sign, carry, provide, give, use, or retain a manifest.
(i) Any requirement 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 with the meaning of
				40 C.F.R. §
													262.25(a).
(ii) Any requirement 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 electronic manifest system.
(iii) Any requirement 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 the transporter must carry a paper document to comply
				with 49 C.F.R. §
													177.817, a hazardous waste transporter must
				carry one printed copy of the electronic manifest on the transport
				vehicle.
(iv) Any requirement 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
				electronic manifest system, provided that such copies are readily available for
				viewing and production if requested by EPA or the Department.
(v) 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
				electronic manifest system for which the transporter bears no
				responsibility.
5. A
				transporter may participate in the electronic manifest system either by
				accessing the electronic manifest system from the transporter's own electronic
				equipment, or by accessing the electronic 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 electronic manifest system should become unavailable for
				any reason, then:
(i) 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
				335-14-4-.02(1)(a)4.(iii),
				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.
(ii) 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 electronic manifest system, shall include (if
				not preprinted 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.
(iii) A transporter signing a replacement
				manifest to acknowledge receipt of the hazardous waste must ensure that each
				paper copy is individually signed and that a legible handwritten signature
				appears on each copy.
(iv) 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
				335-14-4-.02(1)(a)(4)(iii).
				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. Post-receipt manifest data corrections.
				After facilities have certified to the receipt of hazardous wastes by signing
				Item 20 of the manifest, any postreceipt 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
				335-14-5-.05(2)(l),
				which applies to corrections made to either paper or electronic manifest
				records.