North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-24 - Hazardous Waste Management › Chapter 33-24-04 - Standards for Transporters › Section 33-24-04-04 - 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
				33-24-03-07, or is provided with
				an electronic manifest that is obtained, completed, and transmitted in
				accordance with subdivision b of subsection 1 of section
				33-24-03-04, and signed with a
				valid and enforceable electronic signature as described in subsection 9 of
				section 33-24-03-07.
b. Exports. In the case of exports other than
				those subject to sections 33-24-03-50 through 33-24-03-59, a transporter may
				not accept such waste from a primary exporter or other person if the
				transporter knows the shipment does not conform to the environmental protection
				agency acknowledgment of consent; and unless, in addition to a manifest signed
				by the generator as provided in this section, the transporter shall also be
				provided with an environmental protection agency acknowledgment of consent
				which, except for shipments by rail, is attached to the manifest (or shipping
				paper for exports by water (bulk shipment)). For exports of hazardous waste
				subject to the requirements of sections 33-24-03-50 through 33-24-03-59, a
				transporter may not accept hazardous waste without a tracking document that
				includes all information required by section 33-24-03-54.
c. Compliance date for form revisions. The
				revised manifest form and procedures in sections
				33-24-01-04,
				33-24-02-07,
				33-24-04-04, and
				33-24-04-05, shall not apply until
				September 5, 2006 or 33-24 is amended and effective, but not prior to September
				5, 2006. The manifest form and procedures in sections
				33-24-01-04,
				33-24-02-07,
				33-24-04-04, and
				33-24-04-05, contained in 33-24,
				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
				33-24-03-04, 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. Imposition of user fee for electronic
				manifest use. A transporter who is a user of the electronic manifest may be
				assessed a user fee by the environmental protection agency for the origination
				or processing of each electronic manifest. The environmental protection agency
				shall maintain and update from time-to-time the schedule of electronic manifest
				user fees, which shall be determined based on current and projected system
				costs and level of use of the electronic manifest system. The schedule of
				electronic manifest user fees shall be published by the environmental
				protection agency as an appendix to 40 CFR Part 262.