7 Del. Admin. Code § 1302-262-B-262.20

Current through Reigster Vol. 28, No. 6, December 1, 2024

Section 1302-262-B-262.20 - General requirements

(a)

(1) A generator who transports, or offers for transport, a hazardous waste for off-site treatment, storage, or disposal, or a treatment, storage, and disposal facility who offers for transport a rejected hazardous waste load, must accurately prepare a Manifest (U.S. OMB Control Number 2050-0039) on EPA Form 8700-22 and, if necessary EPA Form 8700-22A,.

(2) The revised manifest form and procedures in §§ 260.10, 261.7, 262.20, 262.27, 262.32, of these regulations and 40 CFR § 262.21 are applicable to all manifested shipments of hazardous waste.

(3) Electronic manifest. In lieu of using the manifest form specified in paragraph (a)(1) of this section, a person required to prepare a manifest under paragraph (a)(1) of this section may prepare and use an electronic manifest, provided that the person:

(i) Complies with the requirements in § 262.24 for use of electronic manifests, and

(ii) Complies with the requirements of 40 CFR 3.10 for the reporting of electronic documents to EPA.

(b) A generator must designate on the manifest one facility which is permitted to handle the waste described on the manifest.

(c) A generator may also designate on the manifest one alternate facility which is permitted to handle his waste in the event an emergency prevents delivery of the waste to the primary designated facility.

(d) If the transporter is unable to deliver the hazardous waste to the designated facility or the alternate facility, the generator must either designate another facility or instruct the transporter to return the waste.

(e)[Reserved]

(f)

(1) The requirements of this subpart and § 262.32(b) are not applicable to the transport, 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 such contiguous property is divided by a public or private right-of-way), of:

(i) explosives or munitions during an emergency response, or

(ii) military munitions as defined in § 260.10 of these regulations, or

(iii) subject to the Department's written approval, waste generated by a college or university that is taken to that generator's accumulation area.

(2) Notwithstanding § 263.10(a), the generator or transporter must comply with the requirements for transporters set forth in § 263.30 and § 263.31 in the event of a discharge of hazardous waste on a public or private right-of-way.

(Amended September 20, 1984, August 10, 1990, January 1, 1999, Amended August 21, 2006)

7 Del. Admin. Code § 1302-262-B-262.20

18 DE Reg. 896 (5/1/2015)
19 DE Reg. 930 (4/1/2016)
22 DE Reg. 678 (2/1/2019)
24 DE Reg. 711 (1/1/2021)(final)