Ohio Admin. Code 3745-54-72 - Manifest discrepancies
(A) Manifest discrepancies are:
(1) Significant differences [as described in
paragraph (B) of this rule] between the quantity or type of hazardous waste
designated on the manifest or shipping paper, and the quantity and type of
hazardous waste a facility actually receives;
(2) Rejected wastes, which may be a full or
partial shipment of hazardous waste that the treatment, storage, or disposal
facility cannot accept; or
(3)
Container residues, which are residues that exceed the quantity limits for
"empty" containers set forth
provided in paragraph (B) of rule
3745-51-07
of the Administrative Code.
(B) Significant differences in quantity
are: For
, for
bulk waste, variations greater than ten per cent in weight; for batch waste,
any variation in piece count, such as a discrepancy of one drum in a truckload.
Significant differences in type are obvious differences which can be discovered
by inspection or waste analysis, such as waste solvent substituted for waste
acid, or toxic constituents not reported on the manifest or shipping
paper.
(C) Upon discovering a
significant difference in quantity or type, the owner or operator
must
shall
attempt to reconcile the discrepancy with the waste generator or transporter
(e.g., with telephone conversations). If the discrepancy is not resolved within
fifteen days after receiving the waste, the owner or operator
must
shall
immediately submit to the director a letter describing the discrepancy and
the attempts to reconcile
it
the
discrepancy , and a copy of the manifest or shipping paper at
issue.
(D)
(1) Upon rejecting waste or identifying a
container residue that exceeds the quantity limits for "empty" containers
set forth
provided in paragraph (B) of rule
3745-51-07
of the Administrative Code, the owner or operator must
shall consult
with the generator prior to forwarding the waste to another facility that can
manage the waste. If it is impossible to
locate an alternative facility that can receive the waste
is impossible to locate , the owner or operator
may return the rejected waste or residue to the generator. The owner or
operator must
shall
send the waste to the alternative facility or to the generator within
sixty days after the rejection or the container residue
identification.
(2) While the owner
or operator is making arrangements for forwarding rejected wastes or residues
to another facility under this rule, he
must
the owner or operator shall ensure
that either the delivering transporter
retains custody of the waste, or, the owner
or operator must
shall provide for secure, temporary custody of the
waste, pending delivery of the waste to the first transporter designated on the
manifest prepared under paragraph (E) or (F) of this rule.
(E) Except as provided in paragraph (E)(7) of
this rule, for full or partial load rejections and residues that are to be sent
off-site to an alternate facility, the facility
owner or
operator is required to prepare a new manifest in accordance with
paragraph (A) of rule
3745-52-20
of the Administrative Code and the following instructions:
(1) Write the generator's U.S. EPA
identification number in item 1 of the new manifest. Write the generator's name
and mailing address in item 5 of the new manifest. If the mailing address is
different from the generator's site address, then write the generator's site address in the
designated space for item 5.
(2)
Write the name of the alternate designated facility and the facility's U.S. EPA
identification number in the "Designated Facility" block (item 8) of the new
manifest.
(3) Copy the manifest
tracking number found in item 4 of the old
manifest to the "Special Handling and Additional Information" block of the new
manifest, and indicate that the shipment is a residue or rejected waste from
the previous shipment.
(4) Copy the
manifest tracking number found in item 4 of
the new manifest to the manifest reference number line in the "Discrepancy"
block of the old manifest (item 18a).
(5) Write the U.S. department of
transportation (U.S. DOT) description for the rejected load or the residue in
item 9 ("U.S. DOT Description") of the new manifest and write the container
types, quantity, and volume(s)
volumes of waste.
(6) Sign the "Generator's/Offeror's
Certification" to certify, as the offeror of the shipment, that the waste
has been
is
properly packaged, marked, and labeled, and is in proper condition for
transportation, and mail a signed copy of the manifest to the generator
identified in item 5 of the new manifest.
(7) For full load rejections that are made
while the transporter remains present at the facility, the
facility
owner or
operator may forward the rejected shipment to the alternate facility by
completing item 18b of the original manifest and supplying the information on
the next destination facility in the "Alternate Facility" block. The
facility must
owner
or operator shall retain a copy of this manifest for
its
the
facility's records, and then give the
remaining copies of the manifest to the transporter to accompany the shipment.
If the original manifest is not used, then
the facility must
the owner or operator shall use a new manifest and
comply with paragraphs (E)(1) to (E)(6) of this rule.
(F) Except as provided in paragraph (F)(7) of
this rule, for rejected wastes and residues that must
shall be sent
back to the generator, the facility
owner or operator is required to prepare a new
manifest in accordance with paragraph (A) of rule
3745-52-20
of the Administrative Code and the following instructions:
(1) Write the facility's U.S. EPA
identification number in item 1 of the new manifest. Write the facility's name
and mailing address in item 5 of the new manifest. If the mailing address is
different from the facility's site address, then write the facility's site address in the
designated space for item 5 of the new manifest.
(2) Write the name of the initial generator
and the generator's U.S. EPA identification number in the "Designated Facility"
block (item 8) of the new manifest.
(3) Copy the manifest tracking number
found in item 4 of the old manifest to the
"Special Handling and Additional Information" block of the new manifest, and
indicate that the shipment is a residue or rejected waste from the previous
shipment.
(4) Copy the manifest
tracking number found in item 4 of the new
manifest to the manifest reference number line in the "Discrepancy" block of
the old manifest (item 18a).
(5)
Write the DOT description for the rejected load or the residue in item 9 ("U.S.
DOT Description") of the new manifest and write the container types, quantity,
and volume(s)
volumes of waste.
(6) Sign the "Generator's/Offeror's
Certification" to certify, as offeror of the shipment, that the waste
has been
is
properly packaged, marked, and labeled and is in proper condition for
transportation.
(7) For full load
rejections that are made while the transporter remains at the facility, the
facility
owner or
operator may return the shipment to the generator with the original
manifest by completing item 18a and item 18b of the manifest and supplying the
generator's information in the "Alternate Facility" block. The
facility must
owner
or operator shall retain a copy for its
the facility's
records, and then give the remaining copies of the manifest to
the transporter to accompany the shipment. If the original manifest is not
used, then the facility must
owner or
operator shall use a new manifest and comply with paragraphs (F)(1) to
(F)(6) and (F)(8) of this rule.
(8)
For full or partial load rejections and container residues contained in
non-empty containers that are returned to the generator, the
facility must
owner
or operator also shall comply with the
exception reporting requirements in paragraph (A) of rule
3745-52-42 of
the Administrative Code.
(G) If a
facility
an owner or operator rejects a
waste or identifies a container residue that exceeds the quantity limits for
"empty" containers set forth
provided in paragraph (B) of rule
3745-51-07
of the Administrative Code after it
the owner or operator has signed, dated, and returned
a copy of the manifest to the delivering transporter or to the generator, the
facility must
owner
or operator shall amend its
the facility's copy of the manifest to indicate the
rejected wastes or residues in the "Discrepancy" block of the amended manifest.
The facility must
owner or operator also shall copy the manifest tracking number from item 4 of
the new manifest to the "Discrepancy" block of the amended manifest, and
must re-sign and date the manifest to
certify to the information as amended. The facility
must
owner or operator shall retain the
amended manifest for at least three years from
after the date of
amendment, and must, within thirty days,
shall send a copy of the amended manifest to the
transporter and to the generator that received copies prior to
their being amended
the manifest's amedndment .
Notes
Five Year Review (FYR) Dates: Exempt
Promulgated Under: 119.03
Statutory Authority: 3734.12
Rule Amplifies: 3734.12
Prior Effective Dates: 04/15/1981, 02/16/2009, 09/05/2010, 03/17/2012
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