Section 761.218 - [Effective 1/22/2025] Certificate of disposal(a) For each shipment of manifested PCB waste that the owner or operator of a disposal facility accepts by signing the manifest, the owner or operator of the disposal facility shall prepare a Certificate of Disposal for the PCBs and PCB Items disposed of at the facility, which shall include: (1) The identity of the disposal facility, by name, address, and EPA identification number.(2) The identity of the PCB waste affected by the Certificate of Disposal including reference to the manifest number for the shipment.(3) A statement certifying the fact of disposal of the identified PCB waste, including the date(s) of disposal, and identifying the disposal process used.(4) A certification as defined in § 761.3 .(b) The owner or operator of the disposal facility shall send the Certificate of Disposal to the generator identified on the manifest which accompanied the shipment of PCB waste within 30 days of the date that disposal of each item of PCB waste identified on the manifest was completed unless the generator and the disposer contractually agree to another time frame.(c) The disposal facility shall keep a copy of each Certificate of Disposal among the records that it retains under § 761.180(b) .(d)(1) Generators of PCB waste shall keep a copy of each Certificate of Disposal that they receive from disposers of PCB waste among the records they retain under § 761.180(a) .(2) Commercial storers of PCB waste shall keep a copy of each Certificate of Disposal that they receive from disposers of PCB waste among the records they retain under § 761.180(b) .(e) Electronic certificates of disposal that are originated in an EPA-approved electronic system in accordance with this section and used in accordance with this section in lieu of paper certificates of disposal are the legal equivalent of paper certificates of disposal bearing handwritten signatures and satisfy for all purposes any requirement in this section to complete, sign, provide, and retain a certificate of disposal. (1) Any requirement in this section to sign a certificate of disposal by hand is satisfied by signing with a valid and enforceable electronic signature within the meaning of § 262.25 of this chapter.(2) Any requirement in this section to give, provide or send a certificate of disposal to the EPA Regional Administrator is satisfied when an electronic certificate of disposal is transmitted to the EPA Regional Administrator by submission to an EPA-approved electronic system.(3) Any requirement in this section for a generator or disposer to keep or retain a copy of a certificate of disposal is satisfied by retention of a signed electronic certificate of disposal in the generator's or disposer's account, respectively, on an EPA-approved electronic system, provided that the certificate of disposal is readily available for viewing and production if requested by any EPA or authorized State inspector.(4) No generator or disposer may be held liable for the inability to produce an electronic certificate of disposal for inspection under this section if the generator or disposer can demonstrate that the inability to produce the electronic certificate of disposal is due exclusively to a technical difficulty with the EPA-approved electronic system for which the generator or disposer bears no responsibility.(f)Restriction on use of electronic certificates of disposal. The owner or operator of a disposal facility may participate in electronic certificates of disposal if it is known at the time the certificate of disposal is originated that: (1) The manifest at issue originated in the EPA e-Manifest system in accordance with §§ 262.24(c) and 262.25 of this chapter; and(2) For mixed paper and electronic manifests (i.e., hybrid manifests), the generator has registered in the EPA e-Manifest system and has access to the electronic manifests for the site.54 FR 52752, Dec. 21, 1984, as amended at 63 FR 35462, June 29, 1998