Ohio Admin. Code 3745-52-42 - Exception report for small quantity generators and large quantity generators
(A)
(1) A
generator of one thousand kilograms or greater of hazardous waste in a calendar
month, or greater than one kilogram of acute hazardous waste listed in rule
3745-51-31
or paragraph (E) of rule
3745-51-33
of the Administrative Code in a calendar month, who does not receive a copy of
the manifest with the handwritten signature of the owner or operator of the
designated facility within thirty-five days after the date the waste was
accepted by the initial transporter, must
shall contact the
transporter and/or
or the owner or operator of the designated facility to
determine the status of the hazardous waste.
(2) A generator of one thousand kilograms or
greater of hazardous waste in a calendar month, or greater than one kilogram of
acute hazardous waste listed in rule
3745-51-31
or paragraph (E) of rule
3745-51-33
of the Administrative Code in a calendar month must
shall submit an
exception report to Ohio EPA if he has not received a copy of the manifest with
the handwritten signature of the owner or operator of the designated facility
within forty-five days after the date the waste was accepted by the initial
transporter. The exception report must
shall include:
(a) A
legible copy of the manifest for which the generator does not have confirmation
of delivery; and
(b) A cover letter
signed by the generator or his authorized representative explaining the efforts
taken to locate the hazardous waste and the results of those efforts.
(B) A generator of
greater than one hundred kilograms but less than one thousand kilograms of
hazardous waste in a calendar month who does not receive a copy of the manifest
with the handwritten signature of the owner or operator of the designated
facility within sixty days after the date the waste was accepted by the initial
transporter must
shall submit to Ohio EPA a legible copy of the
manifest, with some indication that the generator has not received confirmation
of delivery.
[Comment: The submittal to Ohio EPA need only be a legible handwritten or typed note on the manifest itself, or on an attached sheet of paper, stating that the return copy was not received.]
(C) For rejected shipments of hazardous waste
or container residues contained in nonempty containers that are forwarded to an
alternate facility by a designated facility using a new manifest [following the
procedures of paragraphs (E)(1) to (E)(6) of rule
3745-54-72
or paragraphs (E)(1) to (E)(6) of rule
3745-65-72
of the Administrative Code], the generator must
shall comply with
the requirements of paragraph (A) or (B) of this rule, as applicable, for the
shipment that forwards the material from the designated facility to the
alternate facility instead of for the shipment from the generator to the
designated facility. For purposes of paragraph (A) or (B) of this rule, for a
shipment that forwards such waste to an alternate facility by a designated
facility:
(1) The copy of the manifest
received by the generator must
shall have the handwritten signature of the owner or
operator of the alternate facility in place of the signature of the owner or
operator of the designated facility; and
(2) The thirty-five day, forty-five day, or
sixty day timeframes begin on the date the waste was accepted by the initial
transporter who forwards the hazardous waste shipment from the designated
facility to the alternate facility.
Notes
Five Year Review (FYR) Dates: Exempt
Promulgated Under: 119.03
Statutory Authority: 3734.12
Rule Amplifies: 3734.12
Prior Effective Dates: 07/27/1980, 04/15/1981, 02/11/1992, 03/17/2012
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