Mich. Admin. Code R. 299.9405 - Consolidation and commingling of hazardous waste
Rule 405.
(1) A
transporter consolidating containers of hazardous waste shall ensure that the
original manifest for each hazardous waste container in the consolidated
shipment accompanies the shipment.
(2) A transporter commingling hazardous
wastes of the same DOT shipping description if the DOT hazard class and DOT
packing group remain the same shall comply with all of the following
requirements:
(a) 49 CFR part 173, as
applicable.
(b) Conduct
commingling, unless performed at the generator location when the load is first
received by the transporter, in a secondarily contained area that is
sufficiently impervious to prevent any hazardous waste or hazardous waste
constituent released into the containment system from migrating out of the
system to the soil, groundwater, or surface water.
(c) Ensure that commingled wastes are
destined for a single disposal facility.
(d) Ensure that incompatible wastes are not
commingled.
(e) Ensure that
commingled wastes do not undergo chemical or thermal change or treatment, and
ensure that the resultant waste retains both the physical and chemical
characteristics similar to the individual wastes before they were
commingled.
(f) Ensure that the
generator authorizes the commingling in accordance with
R
299.9309(4) and places in the special
handling instructions and additional information section of the manifest the
hazardous waste number followed by the letters "CS" and the associated manifest
line item, denoting the commingling activity.
(g) For bulk rail or bulk water shipments,
ensure that where the commingling of wastes results in the original shipment
being transported to the designated facility by more than 1 vehicle the extra
copies of the manifest as provided by the generator in accordance with
R
299.9309 accompany each of the vehicles and that the
transporter prepares a DOT-approved shipping paper and attaches the shipping
paper to the top of the manifest or manifests. The shipping paper must reflect
the differences from the original shipment in terms of quantity, count, and
DOT-approved packaging.
(h) Ensure
that where the commingling of wastes results in changes to the quantity, count,
or DOT-approved packaging on the generator manifest or manifests, the
transporter prepares a DOT-approved shipping paper and attaches the shipping
paper to the top of the manifest or manifests. The shipping paper must reflect
the differences from the original shipment in terms of quantity, count, and
DOT-approved packaging.
(i) Ensure
that, where a commingled load is rejected by the designated facility, all
generators contributing to the commingled load are contacted to designate an
alternate facility and that the rejected commingled wastes are not returned to
any single generator.
(3)
A transporter commingling compatible hazardous wastes of different DOT shipping
descriptions where the DOT hazard class or DOT packing group differs in a
manner that alters the components of the waste description on the generator's
original manifest shall comply with all of the following requirements:
(a) Comply with the requirements of subrule
(2)(a) to (e) of this rule.
(b) For
new activity, before the activity beginning, provide notification to the
department. Within 30 days of changes in information included in the original
notification a subsequent notification is required. The notification must
include all of the following information:
(i)
The transporter name and site identification number.
(ii) The transporter mailing
address.
(iii) The transporter
telephone number.
(iv) The owner of
the facility.
(v) If other than the
generator site, the location of the facility and the telephone number where
commingling activity is performed.
(vi) The description of the commingling
activity performed at each facility location.
(c) Prepare a new manifest as a generator in
accordance with part 3 of these rules.
(d) On the new manifest in the special
handling instructions and additional information section, describe the
commingled load by adding the hazardous waste number followed by the letters
"CD" and the manifest line item.
(e) Ensure that the transporter-initiated
manifest and the generator manifests accompany the shipment to the designated
facility. The transporter-initiated manifest must satisfy DOT shipping paper
requirements and be segregated from the generator manifests. All generator and
transporter manifests must be signed by an authorized representative of the
designated facility upon receipt of the waste.
(f) Comply with part 3 of these rules
relating to the wastes, except for
R
299.9311(4) and
R 299.9312(1) and
(2) and the accumulation time limits
specified in
R
299.9404(1)(b).
(g) Ensure that, where a commingled load is
rejected by the designated facility, all other generators contributing to the
load are contacted to jointly, with the transporter, designate an alternate
facility and that the rejected commingled wastes are not returned to any single
generator. The transporter, under this part, shares generator
responsibility.
Notes
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