Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part V - Hazardous Wastes and Hazardous Materials › Subpart 1 - Department of Environmental Quality-Hazardous Waste › Chapter 11 - Manifest, Import and Export Requirements › Subchapter A - General › Section V-1107 - Manifest Requirements

Current through Register Vol. 50, No. 6, June 20, 2024
A.
					 General Requirements. The revised manifest form and procedures in 40 CFR Part
					 262 and the Appendix to Part 262 shall be effective as of September 5, 2006. As
					 of September 5, 2006, Uniform Hazardous Waste Manifest forms must be obtained
					 only from EPA-registered and approved sources as identified by the Manifest
					 Registry. Contact the Office of Environmental Services, or access the U.S.
					 Environmental Protection Agency's website to obtain information on
					 EPA-registered and approved sources.
1. A
					 generator who transports, or offers for transportation, hazardous waste for
					 off-site treatment, storage, or disposal, or a treatment, storage, and disposal
					 facility that offers for transport a rejected hazardous waste load, shall
					 prepare a Manifest (OMB Control number 2050-0039) on EPA Form 8700-22 and, if
					 necessary, EPA Form 8700-22A, according to the instructions included in the
					 Appendix to 40 CFR Part 262.
2. A
					 generator shall designate on the manifest one facility that is permitted to
					 handle the waste described on the manifest. A generator may also designate on
					 the manifest one alternate facility that is permitted to handle the waste in
					 the event an emergency prevents delivery of the waste to the primary designated
					 facility.
3. 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 or
					 instruct the transporter to return the waste.
4. The requirements of this Section do not
					 apply to hazardous waste produced by generators of greater than 100 kg, but
					 less than 1000 kg, in a calendar month where:
a. the waste is reclaimed under a contractual
					 agreement pursuant to which:
i. the type of
					 waste and frequency of shipments are specified in the agreement;
ii. the vehicle used to transport the waste
					 to the recycling facility and to deliver regenerated material back to the
					 generator is owned and operated by the reclaimer of the waste; and
b. the generator maintains a copy
					 of the reclamation agreement in his files for a period of at least three years
					 after termination or expiration of the agreement.
5. In naming a hazardous waste, a generator
					 shall use the proper shipping name prescribed by the Louisiana Department of
					 Public Safety and Corrections or its successor agency and provide specific
					 identification pursuant to LAC 33:V.Chapter 49.
6. If the hazardous waste is to be
					 transported out-of-state, the generator will be responsible for receiving the
					 completed, signed manifest from the out-of-state hazardous waste
					 facility.
7. Generators must get
					 written confirmation of acceptability of the hazardous waste from the operator
					 of the hazardous waste facility before shipping the hazardous waste. The
					 confirmation must be maintained as part of the facility manifest records (see
					 LAC 33:V.1019).
8. The requirements
					 of this Chapter and LAC 33:V.1063.C do not apply to the transport of hazardous
					 wastes on a public or private right-of-way within or along the border of
					 contiguous property under the control of the same person, even if such
					 contiguous property is divided by a public or private right-of-way.
					 Notwithstanding LAC 33:V.1301.A, the generator or transporter must comply with
					 the requirements for transporters set forth in LAC 33:V.1315 and 1317 in the
					 event of a discharge of hazardous waste on a public or private right-of-way.
9. Electronic Manifest. In lieu of
					 using the manifest form specified in Paragraph A.1 of this Section, a person
					 required to prepare a manifest under Paragraph A.1 of this Section may prepare
					 and use an electronic manifest, provided that the person:
a. complies with the requirements in LAC
					 33:V.1107.F for use of electronic manifests; and
b. complies with the requirements of
					 40 CFR
					 3.10 for the reporting of electronic
					 documents to EPA.