Mich. Admin. Code R. 299.9309 - Exports of hazardous waste
Rule 309.
(1) A
small quantity or large quantity generator who transports, or offers for
transport, a hazardous waste for off-site treatment, storage, or disposal, or a
treatment, storage, or disposal facility who offers for transport a rejected
hazardous waste load, shall do all of the following:
(a) Prepare a manifest (OMB Control number
2050-0039) on EPA Form 8700-22, and if necessary, EPA Form 8700-22A.
(b) Use a manifest in accordance with
40 CFR
262.20 to
262.23, and
262.27,
and the instructions in the appendix to 40 CFR part 262 before transporting the
waste offsite.
(c) Instead of using
a paper manifest as specified in subdivisions (a) and (b) of this subrule,
prepare and use an electronic manifest in accordance with
40 CFR
3.10 and
262.24.
(d) Use a transporter or be a transporter, if
a generator transports his or her own hazardous waste, who is registered and
permitted under act 138 under part 4 of these rules.
(2) The electronic signature methods for the
e-manifest system must be methods that are designed and implemented in a manner
that the EPA considers to be as cost-effective and practical as possible for
the user of the manifest. An electronic signature must be a legally valid and
enforceable signature under applicable EPA and other federal requirements
pertaining to electronic signatures.
(3) The requirements of this rule do not
apply to hazardous waste that is produced by a small quantity generator if both
of the following requirements are met:
(a) The
waste is reclaimed under a contractual agreement that specifies the type of
waste and frequency of shipments and the vehicle used to transport the waste to
the recycling facility and to deliver the regenerated material back to the
generator is owned and operated by the reclaimer of the waste.
(b) The generator maintains a copy of the
reclamation agreement in his or her files for a period of not less than 3 years
after termination or expiration of the agreement.
(4) A small quantity or large quantity
generator who authorizes a transporter to commingle his or her hazardous waste
under
R 299.9405(2) or
(3) shall place in the special handling
instructions and additional information section of the manifest the hazardous
waste number followed by the letters "CS," as specified in
R 299.9405(2), or
the letters "CD," as specified in
R 299.9405(3), and
the associated manifest line item.
(5) The requirements of this rule and
R
299.9310(1)(d) do not apply to the
transport of hazardous waste shipments 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 the property is contiguous property divided by a public or
private right-of-way. Notwithstanding
R
299.9401, the generator or transporter shall comply
with the requirements for transporters in
R
299.9410 in the event of a discharge of hazardous
waste on a public or private right-of-way.
(6)
40 CFR
3.10,
262.20,
262.21,
262.22,
262.23,
262.24,
and
262.27
and the appendix to part 262 are adopted by reference in
R 299.11003. For the purposes of
adoption, the term "site identification number" replaces the term "EPA
identification number," the term "R 299.9207" replaces the term
"§261.7," and the term "§264.72" replaces the term
"§265.72."
Notes
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