Section 128-10-002 - Generator manifest procedures002.01 General Requirements 002.01A A generator who transports, or offers for transport a hazardous waste for offsite treatment, storage, or disposal, or a treatment, storage, and disposal facility who offers for transport a rejected hazardous waste load, must prepare a Manifest (OMB Control number 2050-0039) on EPA Form 8700-22, and if necessary, EPA Form 8700-22A, according to the instructions included in the Appendix to 40 CFR Part 262, which is hereby adopted and incorporated herein by reference. 002.01A1 The conditions and requirements of 40 CFR Part 262, Subpart B, 262.21 through 262.21(m)(2), pertaining to manifest tracking numbers, manifest printing, and obtaining manifests, are hereby incorporated herein by reference.002.01B The requirements of Chapter 10, 002 and 003.01D do not apply to the transport of hazardous wastes 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. Notwithstanding Chapter 11, 001, the generator or transporter must comply with the requirements for transporters set forth in Chapter 11, 006.11 in the event of a discharge of hazardous waste on a public or private right-of-way.002.02 Acquisition of manifests A generator must determine whether the generator state or the consignment state for a shipment regulates any additional wastes (beyond those regulated Federally) as hazardous wastes under these states' authorized programs. Generators also must determine whether the consignment state or generator state requires the generator to submit copies of the manifest to these states. In cases where the generator must supply copies to either the generator's state or the consignment state, the generator is responsible for supplying legible photocopies of the manifest to these states.
002.03 The manifest shall consist of at least the number of copies which will provide the generator, each transporter, and the owner or operator of the designated facility with one copy each for their records and another copy to be returned to the generator.002.04 The generator shall designate on the manifest one primary facility which is approved to handle waste described on the manifest. The generator may also designate on the manifest one alternate facility which is approved to handle the waste in the event an emergency prevents delivery of the waste to the primary designated facility.002.05 The generator shall completely and legibly fill out all applicable sections and certify that the information provided on the manifest is correct by placing their signature on the manifest.002.06 The generator shall obtain the signature of the initial transporter and date of acceptance on the manifest.002.07 The generator shall retain one copy of the manifest and shall give the transporter the remaining copies.002.08 If the transporter is unable to deliver the hazardous waste to the designated facility, or the alternate facility in accordance with Section 002.04 of this Chapter, the generator must either designate another facility or instruct the transporter to return the waste.002.09 The generator shall maintain on file a copy of each manifest retained in accordance with Section 002.07 of this Chapter for 3 years or until a signed copy of the manifest is received from the designated storage, treatment, or disposal facility that received the waste.002.10 The generator shall retain the signed copies of the manifests received from the owners or operators of the storage, treatment, or disposal facilities until three years after the date of shipment of the hazardous waste.002.11 For hazardous wastes emanating from Nebraska to be shipped within the United States solely by water (bulk shipments only), the generator must send three copies of the manifest dated and signed in accordance with Sections 002.05 and 002.06 of this Chapter to the owner or operator of the designated facility or the last water (bulk shipment) transporter to handle the waste in the United States if exported by water. Copies of the manifest are not required for each transporter.002.12 For rail shipments of hazardous waste within the United States which originate at the site of generation, the generator must send at least three copies of the manifest dated and signed in accordance with Sections 002.05 and 002.06 of this Chapter to:002.12A The next non-rail transporter, if any; or002.12B The designated facility if transported solely by rail; or002.12C The last rail transporter to handle the waste in the United States if exported by rail.002.13 For shipments of hazardous waste to a designated facility in an authorized State which has not yet obtained authorization to regulate that particular waste as hazardous, the generator must assure that the designated facility agrees to sign and return the manifest to the generator, and that any out-of-state transporter signs and forwards the manifest to the designated facility.002.14 A generator who initiates a shipment of hazardous waste must certify to one of the following statements in Item 15 of the uniform hazardous waste manifest: 002.14A "I am a large quantity generator. I have a program in place to reduce the volume and toxicity of waste generated to the degree I have determined to be economically practicable and I have selected the practicable method of treatment, storage, or disposal currently available to me which minimizes the present and future threat to human health and the environment;" or002.14B "I am a small quantity generator. I have made a good faith effort to minimize my waste generation and select the best waste management method that is available to me and that I can afford."128 Neb. Admin. Code, ch. 10, § 002