Michigan Administrative Code › Department - Environmental Quality › Office of Waste Management & Radiological Protection › Hazardous Waste Management › Part 6 - OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES › Section R. 299.9608 - Use of manifest system

Current through Vol. 24-12, July 15, 2024
Rule 608.
(1) If a
				  facility receives hazardous waste accompanied by a manifest, then the owner or
				  operator, or his or her agent, shall comply with
				  40 CFR
				  264.71(a).
(2) If a facility receives a bulk shipment of
				  hazardous waste from a rail or water transporter that is accompanied by a
				  shipping paper containing all the information required on the manifest,
				  excluding the site identification numbers, generator's certification, and
				  signatures, then the owner or operator, or the owner or operator's agent, shall
				  comply with
				  40 CFR
				  264.71(b) and return a
				  legible copy of the manifest to the director or his or her designee within a
				  period of 10 days after the end of the month in which the waste was received.
				  If the generator state and the destination state are the same, the owner or
				  operator, or his or her agent, shall only submit 1 copy of the manifest to the
				  director or his or her designee.
(3) If a shipment of hazardous waste is
				  initiated from a facility, then the owner or operator of that facility shall
				  comply with the requirements of part 3 of these rules.
(4) Within 3 working days of the receipt of a
				  shipment subject to R 299.9314, the owner or operator shall provide a copy of
				  the movement document bearing all required signatures to the exporter, to
				  competent authorities of the countries of export and transit that control the
				  shipment as an export and transit of hazardous waste, respectively, and to the
				  EPA electronically using WIETS, or its successor system. The owner or operator
				  shall maintain the original copy of the movement document at the facility for
				  not less than 3 years from the date of signature. The owner or operator may
				  satisfy this recordkeeping requirement by retaining electronically submitted
				  documents in the facilitys account on WIETS or its successor program, if copies
				  are readily available for viewing and production if requested by the EPA or
				  authorized state inspector. The owner or operator may not be held liable for
				  the inability to produce the documents for inspection under this subrule if the
				  inability to produce the document is due exclusively to technical difficulty
				  with WIETS, or its successor system, for which the owner or operator bears no
				  responsibility.
(5) The owner or
				  operator shall determine if the consignment state for a shipment regulates any
				  additional wastes, beyond those regulated federally, as hazardous wastes under
				  its state hazardous waste program. The owner or operator shall also determine
				  if the consignment state or the generator state requires the owner or operator
				  to submit any copies of the manifests to these states.
(6) Electronic manifests that are obtained,
				  completed, and transmitted in accordance with
				  40 CFR
				  262.20(a)(3) and used in
				  accordance with this rule instead of paper manifests are the legal equivalent
				  of paper manifests bearing handwritten signatures, and satisfy any requirement
				  in these rules to obtain, complete, sign, provide, use, or retain a manifest as
				  outlined in
				  40 CFR 264.71(f) and
				  (k).
(7) An owner or operator may participate in
				  the electronic manifest system either by accessing the system from the owner or
				  operators electronic equipment, or from portable equipment brought to the
				  facility by the transporter who delivers the hazardous waste shipment, and by
				  complying with
				  40 CFR
				  264.71(i).
(8) If an owner or operator receives a
				  hazardous waste shipment that is accompanied by a paper replacement manifest
				  for a manifest that originated electronically, the owner or operator shall
				  comply with
				  40 CFR
				  264.71(h).
(9) An owner or operator who is a user of the
				  electronic manifest system format may be assessed a user fee by the EPA for the
				  origination or processing of each electronic manifest. An owner or operator may
				  also be assessed a user fee by the EPA for the collection and processing of
				  paper manifest copies that owners or operators are required to submit in
				  accordance with
				  40 CFR
				  264.71(a)(2)(v). The EPA
				  shall establish, publish, maintain, and update the user fees in accordance with
				  40 CFR
				  264.71(j).
(10) Electronic manifest signatures must meet
				  the criteria described in
				  40 CFR
				  262.25.
(11) After an owner or operator has certified
				  to the receipt of a hazardous waste by signing Item 20 of the manifest, any
				  post-receipt data corrections must be made in accordance with
				  40 CFR
				  264.71(l).
(12) Upon discovering a manifest discrepancy,
				  as defined in
				  40 CFR
				  264.72(a), including a
				  significant difference as defined in
				  40 CFR
				  264.72(b), the owner or
				  operator shall comply with
				  40 CFR 264.72(c) to
				  (g) and distribute copies of the manifest
				  pursuant to subrules (1) and (2) of this rule.
(13) The requirements of this rule do not
				  apply to owners or operators of off-site facilities with respect to waste
				  military munitions exempted from manifesting requirements under
				  R 299.9818.
(14) Owners and operators shall comply with
				  the manifest and fee requirements for the electronic hazardous waste manifest
				  program that are established and administered by the EPA in accordance with
				  40
				  CFR 260.4 and
				  260.5
				  and part 264, subpart FF.
(15)
										40
				  CFR 260.4,
				  260.5,
				  264.71(a), (b), (f), and
				  (h) to (l), and
				  264.72 are
				  adopted by reference in
				  R 299.11003. For the purposes of
				  adoption, the term "site identification number" replaces the term "EPA
				  identification number," the term "R 299.9207" replaces the term
				  "§261.7(b)," and the term "R 299.9309(1)(a)"
				  replaces the term "§262.20(a)."