Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 30.000 - Hazardous waste › GENERAL PROVISIONS › Section 30.311 - General Requirements

Current through Register 1525, July 5, 2024
(1) A generator who
				transports, or offers for transportation, hazardous waste for off-site
				treatment, storage, disposal or use, must prepare a manifest (OMB Control
				number 2050-0039) on EPA form 8700-22, and 8700-22A if necessary, in effect on
				July 1, 2019, before the waste is transported off-site. Failure to complete any
				applicable portion of the manifest in compliance with 310 CMR 30.000 and the
				instructions on the manifest shall be a violation of M.G.L. c. 21C and of 310
				CMR 30.000.
The following requirements for the hazardous waste manifest
				  and e-manifest system, as in effect on July 1, 2019, are hereby incorporated by
				  reference: 40 CFR
				  262.20(a)(2) and (3),
				  40 CFR
				  262.24(a)-262.24(h),
				  40 CFR
				  262.25-262.25(a),
				  40 CFR
				  264.71(a)(2)-264.71(l)(5),
				  40 CFR
				  264.1086(c)(4)(i)-264.1086(d)(4)(i),
				  40 CFR
				  265.71(a)(2)-265.71(a)(2)(iv),
				  40 CFR
				  265.71(f)-265.71(l)(5),
				  40 CFR
				  265.1087(c)(4)(i), and
				  40 CFR
				  265.1087(d)(4)(i).
(2) The generator shall designate on the
				manifest the primary transporter and all continuing transporters.
(3) The generator shall designate on the
				manifest one facility to receive the hazardous waste described on the manifest.
				The designated facility shall meet the requirements of
				310
				CMR 30.305.
(4) The generator may also designate on the
				manifest one alternate facility to receive the hazardous waste described on the
				manifest in the event an emergency prevents delivery of the waste to the
				primary designated facility. The alternate facility shall meet the requirements
				of 310 CMR 30.305.
(5) If the transporter is unable to deliver
				the hazardous waste to the designated facility or the alternate facility, the
				generator shall either designate another facility, which shall meet the
				requirements of
				310
				CMR 30.305, or instruct the transporter to
				return the waste to the generator. In such a case, the generator shall keep a
				record of all communications with the transporter regarding what happened to
				any hazardous waste which has left the generator's custody or possession. The
				generator shall promptly submit this record to the Department.
(6) Manifest copy submission requirements for
				certain interstate waste shipments.
(a) In any
				case in which the state in which waste is generated, or the state in which
				waste will be transported to a designated facility, requires that the waste be
				regulated as a hazardous waste or otherwise be tracked through a hazardous
				waste manifest, the designated facility that receives the waste shall,
				regardless of the state in which the facility is located:
1. Complete the facility portion of the
				applicable manifest;
2. Sign and
				date the facility certification;
3.
				Submit to the e-Manifest system a final copy of the manifest for data
				processing purposes; and
4. Pay the
				appropriate per manifest fee to EPA for each manifest submitted to the
				e-Manifest system, subject to the fee determination methodology, payment
				methods, dispute procedures, sanctions, and other fee requirements specified in
				subpart FF of 40 CFR 264.