§ 66263.20. Manifest Procedures for the Transporter.

(a) A transporter shall not accept hazardous waste from a generator unless it is accompanied by a manifest completed and signed in accordance with the provisions of article 2, chapter 12 of this division. In the case of RCRA hazardous waste exports other than those subject to Subpart H of 40 Code of Federal Regulations Part 262 or this article, a transporter shall not accept such waste from a primary exporter or other person (1) if the transporter knows the shipment does not conform to the U.S. EPA Acknowledgment of Consent; and (2) unless, in addition to a manifest signed in accordance with the provisions of article 2, chapter 12 of this division, such waste is also accompanied by an U.S. EPA Acknowledgment of Consent which, except for shipment 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 Subpart H of 40 Code of Federal Regulations Part 262, or this article, a transporter shall not accept hazardous waste without a tracking document that includes all information required by 40 Code of Federal Regulations section 262.84 or section 66262.84 of this division.

(b) Before transporting the hazardous waste, the transporter shall complete, sign and date the Transporter of Waste section of the manifest acknowledging acceptance of the hazardous waste from the generator. The transporter shall return a signed copy to the generator prior to removal of the waste from the generator's facility.

(c) The transporter shall ensure that the manifest accompanies the hazardous waste. In the case of RCRA hazardous waste exports, the transporter shall ensure that a copy of the U.S. EPA Acknowledgment of Consent also accompanies the hazardous waste.

(d) The transporter shall have a manifest in the transporter's possession while transporting the hazardous waste and shall release the manifest to another transporter or to the owner or operator of the designated hazardous waste facility accepting the waste.

(e) A transporter transporting hazardous wastes into or out of the State shall have in their possession a manifest with the Generator of Waste and Transporter of Waste sections completed.

(f) The transporter shall submit to the Department a legible copy of the manifest completed by the generator, transporter and hazardous waste facility owner or operator for each load of hazardous waste transported out of the State, within 15 days of the date that the load is accepted by the designated facility on the manifest. The manifest shall state the name and complete address of the hazardous waste facility to which the waste is transported. The transporter shall submit this copy to the Department at:

DTSC Facility Manifests (Transporter Copy)

P.O. Box 3000

Sacramento, CA 95812-3000

(g) A transporter who delivers a hazardous waste to another transporter or to the designated facility shall:

(1) obtain the date of delivery and the handwritten signature of that transporter or of the owner or operator of the designated facility on the manifest; and

(2) retain one copy of the manifest in accordance with section 66263.22; and

(3) give the remaining copies of the manifest to the accepting transporter or designated facility.

(h) The requirements of subsections (c), (g) and (i) of this section do not apply to water (bulk shipment) transporters if:

(1) the hazardous waste is delivered by water (bulk shipment) to the designated facility; and

(2) a shipping paper containing all the information required on the manifest (excluding the Identification Numbers, generator certification, and signatures) and, for RCRA hazardous waste exports, an U.S. EPA Acknowledgment of Consent accompanies the hazardous waste; and

(3) the delivering transporter obtains the date of delivery and handwritten signature of the owner or operator of the designated facility on either the manifest or the shipping paper; and

(4) the person delivering the hazardous waste to the initial water (bulk shipment) transporter obtains the date of delivery and signature of the water (bulk shipment) transporter on the manifest and forwards it to the designated facility; and

(5) a copy of the shipping paper or manifest is retained by each water (bulk shipment) transporter in accordance with section 66263.22.

(i) For shipments involving rail transportation, the requirements of subsections (c), (e), (g) and (h) do not apply and the following requirements do apply:

(1) when accepting hazardous waste from a non-rail transporter, the initial rail transporter shall:

(A) sign and date the manifest acknowledging acceptance of the hazardous waste;

(B) return a signed copy of the manifest to the non-rail transporter;

(C) forward at least three copies of the manifest to:

1. the next non-rail transporter, if any; or,

2. the designated facility, if the shipment is delivered to that facility by rail; or

3. the last rail transporter designated to handle the waste in the United States;

(D) retain one copy of the manifest and rail shipping paper in accordance with section 66263.22.

(2) Rail transporters shall ensure that a shipping paper containing all the information required on the manifest (excluding the Identification Numbers, generator certification, and signatures) and, for exports of RCRA hazardous waste an U.S. EPA Acknowledgment of Consent accompanies the hazardous waste at all times. Intermediate rail transporters are not required to sign either the manifest or shipping paper.

(3) When delivering hazardous waste to the designated facility, a rail transporter shall:

(A) obtain the date of delivery and handwritten signature of the owner or operator of the designated facility on the manifest or the shipping paper (if the manifest has not been received by the facility); and

(B) retain a copy of the manifest or signed shipping paper in accordance with section 66263.22.

(4) When delivering hazardous waste to a non-rail transporter a rail transporter shall:

(A) obtain the date of delivery and the handwritten signature of the next non-rail transporter on the manifest; and

(B) retain a copy of the manifest in accordance with section 66263.22.

(5) Before accepting hazardous waste from a rail transporter, a non-rail transporter shall sign and date the manifest and provide a copy to the rail transporter.

(j) Transporters who transport hazardous waste out of the United States shall:

(1) for shipments initiated before September 5, 2006, indicate on the manifest the date the hazardous waste left the United States from the State.

For shipments initiated on and after September 5, 2006, sign and date the manifest in the International Shipments block (Item 16) to indicate the date that the shipment left the United States; and

(2) for shipments initiated before September 5, 2006, sign the manifest and retain one copy in accordance with section 66263.22(c).

For shipments initiated on and after September 5, 2006, retain one copy in accordance with section 66263.22, subsection (d); and

(3) return a signed copy of the manifest to the generator; and

(4) for RCRA-regulated hazardous waste, give a copy of the manifest to a U.S. Customs official at the point of departure from the United States.

HISTORY

1. New section filed 5-24-91; effective 7-1-91 (Register 91, No. 22).

2. Change without regulatory effect amending subsection (a) filed 8-20-97 pursuant to section 100, title 1, California Code of Regulations (Register 97, No. 34).

3. Change without regulatory effect amending section and Note filed 8-24-2006 pursuant to section 100, title 1, California Code of Regulations (Register 2006, No. 34).

Note

Note: Authority cited: Sections 25150, 25159, 25159.5, 25160, 25161 and 25162, Health and Safety Code. Reference: Sections 25150, 25159, 25159.5, 25160 and 25162, Health and Safety Code; and 40 Code of Federal Regulations Section 263.20.