Wisconsin Administrative Code › Department of Natural Resources › NR 600-699 - Environmental Protection - Hazardous Waste Management › Chapter NR 663 - Hazardous Waste Transporter Standards › Subchapter B - Compliance with the Manifest System and Recordkeeping › Section NR 663.20 - The manifest system

Current through June 24, 2024
(1)
(a)
Manifest requirements.
A transporter may not accept hazardous
				  waste from a generator unless the transporter is also provided with a manifest
				  form, EPA form 8700-22, and if necessary, EPA form 8700-22A, signed in
				  accordance with the requirements of s.
				  NR 662.023,
				  or is provided with an electronic manifest that is obtained, completed, and
				  transmitted in accordance with s.
				  NR 662.020(1)
				  (c) and signed with a valid and enforceable
				  electronic signature as described in s.
				  NR
				  662.025.
(b)
Exports.
For exports of
				  hazardous waste subject to the requirements under subch. H of ch. NR 662, 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 EPA on or after December 31,
				  2016, a movement document that includes all information required under s.
				  NR
				  662.083(4).
(c)
Compliance date for form
				  revisions.
The revised manifest form and procedures specified in ss.
				  NR
				  661.0007, 660.10, 663.20, and 663.21 had an effective
				  date of September 5, 2006. The manifest form and procedures in ss.
				  NR
				  661.0007, 660.10, 663.20, and 663.21, contained in the
				  chs.
				  NR
				  660 to 665 edition revised as of July 1, 2004, were
				  applicable until September 5, 2006.
(d)
Use of electronic manifest -
				  legal equivalence to paper forms for participating transporters.
An
				  electronic manifest that is obtained, completed, and transmitted in accordance
				  with s.
				  NR 662.020(1)
				  (c), and used in accordance with this section
				  in lieu of EPA Forms 8700-22 and 8700-22A, is the legal equivalent of a paper
				  manifest form bearing handwritten signatures, and satisfies for all purposes
				  any requirement to obtain, complete, sign, carry, provide, give, use, or retain
				  a manifest.
1. Any requirement 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 specified in
				  40 CFR
				  262.25 and s.
				  NR
				  662.025(1).
2. Any requirement 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 electronic manifest system.
3. Any requirement of 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 shall carry one printed copy of the electronic
				  manifest on the transport vehicle.
4. Any requirement 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
				  the copies are readily available for viewing and production if requested by the
				  department.
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 EPA system for which the transporter bears no
				  responsibility.
(e)
Accessing the electronic manifest system.
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, the electronic manifest system becomes unavailable for any
				  reason, then all of the following requirements shall be met:
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 under par. (d) 3., 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 their
				  files, plus 2 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. The transporter shall
				  include, if not pre-printed 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 shall 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 that 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 acknowledgement of receipt of
				  materials on the printed copy of the manifest that is carried on the vehicle in
				  accordance with par. (d) 3. 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 its ink
				  signature, the printed manifest copy shall be delivered to the designated
				  facility with the waste materials.
(i)
Post-receipt manifest data
				  corrections
. After a facility has 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, for example
				  the waste handler, named on the manifest. A transporter may participate
				  electronically in the post-receipt data corrections process by following the
				  process described in s.
				  NR
				  664.0071(12), which applies to
				  corrections made to either paper or electronic manifest
				  records.