North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-24 - Hazardous Waste Management › Chapter 33.1-24-04 - Standards for Transporters › Section 33.1-24-04-04 - The manifest system

Current through Supplement No. 393, July, 2024
1.
				Transporters subject to manifesting requirements.
a. Manifest requirement. A transporter may
				not accept hazardous waste from a generator unless the transporter is also
				provided with a manifest signed in accordance with the provisions of
				subsections 1 through 7 of section 33.1-24-03-07, or is provided with an
				electronic manifest that is obtained, completed, and transmitted in accordance
				with subdivision b of subsection 1 of section 33.1-24-03-04, and signed with a
				valid and enforceable electronic signature as described in
				40 CFR
				262.25.
b.
Exports.
For exports of
				hazardous waste subject to the requirements of sections 33.1-24-03-50 through
				33.1-24-03-55, a transporter may not accept hazardous waste without a manifest
				signed by the generator in accordance with this section, as appropriate, and
				for exports occurring under the terms of a consent issued by the environmental
				protection agency on or after December 31, 2016, a movement document that
				includes all information required by subsection 4 of section
				33.1-24-03-53.
c. Compliance date
				for form revisions. The revised manifest form and procedures in sections
				33.1-24-01-04, 33.1-24-02-07, 33.1-24-04-04, and 33.1-24-04-05, shall not apply
				until September 5, 2006 or article 33.1-24 is amended and effective, but not
				prior to September 5, 2006. The manifest form and procedures in sections
				33.1-24-01-04, 33.1-24-02-07, 33.1-24-04-04, and 33.1-24-04-05, contained in
				article 33.1-24, amended December 1, 2003, shall be applicable until September
				5, 2006, or when amended, but not after September 5, 2006.
d. Use of electronic manifest. Legal
				equivalence to paper forms for participating transporters. Electronic manifests
				that are obtained, completed, and transmitted in accordance with subdivision b
				of subsection 1 of section 33.1-24-03-04, and used in accordance with this
				section in lieu of environmental protection agency forms 8700-22 and 8700-22A,
				are the legal equivalent of paper manifest forms bearing handwritten
				signatures, and satisfy for all purposes any requirement in these rules to
				obtain, complete, sign, carry, provide, give, use, or retain a manifest.
(1) Any requirement in these rules 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 within the meaning of
				40 CFR
				262.25.
(2) Any requirement in these rules 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 system.
(3) Any requirement in these rules 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 hazardous materials regulation on shipping
				papers for carriage by public highway requires transporters of hazardous
				materials to carry a paper document to comply with
				49 CFR 177.817, a
				hazardous waste transporter must carry one printed copy of the electronic
				manifest on the transport vehicle.
(4) Any requirement in these rules 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
				e-manifest system, provided that such copies are readily available for viewing
				and production if requested by any environmental protection agency inspector or
				authorized department representative.
(5) 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
				environmental protection agency system for which the transporter bears no
				responsibility.
e. 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.
f. 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:
(1) 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 paragraph 3 of subdivision d, 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 the transporter and all subsequent waste handler
				files, plus two additional copies that will be delivered to the designated
				facility with the hazardous waste.
(2) 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.
(3) 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.
(4) 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.
g. 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 acknowledgment of receipt of materials on
				the printed copy of the manifest that is carried on the vehicle in accordance
				with paragraph 3 of subdivision d. 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 or operator of the
				designated facility has signed this printed manifest copy with the owner or
				operator's ink signature, the printed manifest copy shall be delivered to the
				designated facility with the waste materials.
h. Post-receipt manifest data corrections.
				After facilities have certified to the receipt of hazardous wastes by signing
				Item 20 of the manifest, any post-receipt 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 section
				33.1-24-05-38, which applies to corrections made to either paper or electronic
				manifest records.