Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 857 - HAZARDOUS WASTE MANIFEST REQUIREMENTS › Section 096-857-9 - Manifest Requirements for Owners or Operators of Hazardous Waste Facilities

Current through 2024-29, July 17, 2024
NOTE: Other requirements for owners and operators of waste
				  facilities for hazardous waste appear in other rules of the Department dealing
				  with specific aspects of hazardous waste management. See, for example, 06-096
				  C.M.R. ch. 852; 06-096 C.M.R. ch. 854; 06-096 C.M.R. ch. 855; and 06-096 C.M.R.
				  ch. 856.
A. The owner or operator of a
				hazardous waste facility shall:
(1) Not accept
				hazardous waste from a generator or transporter unless the waste is accompanied
				by its manifest, properly completed by the generator and all
				transporters;
(2) Not accept any
				hazardous waste for which the facility is not licensed;
(3) Upon acceptance of a shipment of
				hazardous waste:
(a) Complete the facility
				owner or operator portion of the manifest including the owner's or operator's
				signature and date of acceptance, noting on the manifest discrepancy space any
				discrepancy, as defined in 40 C.F.R. §§264.72(a) and (b), and
				attempts made to reconcile the discrepancy. If a discrepancy in a manifest is
				discovered, the owner or operator shall attempt to reconcile the discrepancy,
				in accordance with 40 C.F.R. §264.72(c). If not resolved within 15 days,
				the owner or operator shall immediately submit a letter report including the
				discrepancy, the attempts to reconcile it, and a copy of the manifest to the
				Department. If the waste is rejected, the facility owner or operator shall note
				that on the manifest discrepancy space and comply with Section 9(A)(7) of this
				Chapter.
(b) Send the signed
				Designated Facility to Generator copy of the manifest to the generator within
				thirty (30) days of acceptance, or for e-Manifests by submission to EPA's
				electronic manifest system in accordance with Section
				5(F)(3) of this
				Chapter.
(c) Immediately give the
				Transporter's Copy of the manifest to the transporter, or for e-Manifests by
				submission to EPA's electronic manifest system in accordance with Section
				5(F)(3) of this
				Chapter, and
(d) Retain at the
				designated facility, the Designated Facility's Copy of the manifest signed by
				the generator, all transporters and the designated facility for at least three
				(3) years from the date of the designated facility's acceptance of the waste,
				or for e-Manifests retain by submission to EPA's electronic manifest system in
				accordance with Section
				5(F)(4) of this
				Chapter; except that if the designated facility is the point of ultimate
				disposition of the waste, the owner or operator shall retain the copy of any
				paper manifest for the life of the facility or until the designated facility
				establishes to the satisfaction of the Commissioner that the waste is no longer
				hazardous; when the designated facility is no longer in operation, the owner's
				or operator's copies of the paper manifests must be submitted to the
				Commissioner or disposed of as the Commissioner may direct.
(e) In addition, determine whether the
				generator state regulates any additional wastes (beyond those regulated
				federally) as hazardous waste under its state hazardous waste program (i.e.,
				state-only hazardous waste or other state-regulated waste) that requires the
				use of a manifest, and if so, do not accept the waste unless accompanied by a
				manifest, and comply with the manifest copy submission requirements and
				electronic manifest user fee requirements of Section
				5(H) of this Chapter
				which incorporates by reference 40 C.F.R. §§260.4 and 260.5.
(4)
Paper
				manifest submission requirements
:
(a)
				Until June 29, 2021, send the top copy (Page 1), i.e., "Designated Facility to
				EPA's e-Manifest system" copy, of any paper manifest and any paper continuation
				sheet to the EPA's e-Manifest system for purposes of data entry and processing,
				or in lieu of submitting the paper copy to EPA, the owner or operator may
				transmit to the EPA 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 must 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,
				EPA will not accept mailed paper manifests from facilities for processing in
				the e-Manifest system.
(b)
				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 EPA system an image file of Page 1 of the manifest
				and any continuation sheet, or by transmitting to the EPA 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 must be made to the electronic mail/submission
				address specified at the e-Manifest program website's directory of services;
				and
(5)
Special
				procedures applicable to replacement manifests
: If a facility receives
				hazardous waste that is accompanied by a paper replacement manifest (completed
				or reproduced pursuant to the "special procedures when electronic manifest is
				not available" under either Section
				7(A)(1)(e) or
				8(A)(5) of this
				Chapter) for a manifest that was originated electronically, the following
				procedures apply to the delivery of the hazardous waste by the final
				transporter:
(a) 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;
(b) The owner or operator
				of the facility shall give back to the final transporter one copy of the paper
				replacement manifest;
(c) 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 electronic manifest system; and
(d) 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, and as required in accordance with
				Section 9(A)(3)(d) of this Chapter if the designated facility is the point of
				ultimate disposition of the waste.
(6)
Imposition of user fee for
				manifest submissions to EPA
: The owner or operator of a designated
				facility who is a user of the electronic manifest system shall comply with the
				requirements of 40 C.F.R. §264.71(j) and 40 C.F.R. Part 264 Subpart FF, or
				40 C.F.R. §265.71(j) and 40 C.F.R. Part 265 Subpart FF, as implemented and
				enforced by EPA.
(7) Upon rejecting
				waste or identifying a container residue that exceeds the quantity limits for
				"empty" containers set forth in 06-096 C.M.R. ch. 850, §
										3(A)(7), the owner or
				operator of the facility shall:
(a) In
				accordance with 40 C.F.R. §264.72(d)(1), consult with the generator prior
				to forwarding the waste to an alternate facility that can manage the waste. If
				it is impossible to locate an alternative facility that can receive the waste,
				the designated facility may return the rejected waste or residue to the
				generator. The designated facility shall send the waste to the alternative
				facility or to the generator within 60 days of the rejection or the container
				residue identification.
(b) In
				accordance with 40 C.F.R. §264.72(d)(2), the designated facility shall
				ensure that either the delivering transporter retains custody of the waste,
				pending any arrangements for forwarding rejected wastes or residues to another
				facility under 40 C.F.R. §264.72(d), or the facility shall provide for
				secure, temporary custody of the waste, pending delivery of the waste to the
				first transporter designated on the manifest prepared pursuant to 40 C.F.R.
				§§264.72(e) and (f).
(c)
				Comply with 40 C.F.R. §§264.72(e), (f) and (g) and retain a copy of
				the manifest in accordance with Section 9(A)(3)(d) of this Chapter.