Section Env-Hw 511.02 - Inability to Deliver(a) If a transporter is unable to deliver all or part of a hazardous waste shipment, or if a facility rejects all or part of a hazardous waste shipment, the generator shall either designate an alternate authorized facility or instruct the transporter or operator to return the waste to the generator.(b) If a waste shipment is, or container residues contained in non-empty containers are, returned to the generator, the generator shall: (1) Ensure that the paper or electronic manifest is completed in accordance with 40 CFR 264.72(f) and 40 CFR 265.72(f), as applicable;(2) Sign: a. Item 18c of the manifest, if the transporter returned the shipment using the original manifest; orb. Item 20 of the manifest, if the transporter returned the shipment using a new manifest;(3) Provide a copy of the manifest to the transporter; and(4) Comply with the applicable accumulation requirements of this chapter.(c) If a paper manifest or an electronic manifest that was printed for the generator's signature accompanies a returned shipment or returned container residues contained in non-empty containers, the generator shall submit a copy of the manifest, signed as specified in (b)(2), above, to the department within 5 days of receipt of the returned shipment or residues.(d) If a paper manifest accompanies a returned shipment or returned container residues contained in non-empty containers, the generator shall send a copy of the manifest to the designated facility that returned the shipment or residues to the generator within 30 days of receipt of the returned shipment or residues.(e) If the designated facility uses a new manifest to forward a waste shipment to an alternate facility as specified in (a), above, the generator shall comply with the shipment tracking requirements of Env-Hw 511.01(c) and (d) by: (1) Ensuring that the manifest copy received by the generator has the 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) Starting the 35- and 45-day timeframes on the date the waste was accepted by the initial transporter forwarding the hazardous waste shipment from the designated facility to the alternate facility.N.H. Admin. Code § Env-Hw 511.02
#5053, eff 1-24-91; ss by #5886, eff 8-26-94; ss by #7333, eff 8-1-00; amd by #8714, INTERIM, eff 9-5-06, EXPIRES: 3-4-07; amd by #8790, eff 1-5-07; ss by #9215, INTERIM, eff 8-1-08; (See Revision Note at chapter heading for Env-Hw 500) ss by #9367, eff 1-28-09
Amended by Volume XXXVII Number 32, Filed August 10, 2017, Proposed by #12347, Effective 8/14/2017, Expires 8/14/2027.Amended by Volume XXXIX Number 50, Filed December 12, 2019, Proposed by #12922, Effective 11/23/2019, Expires 11/23/2029.Amended by Volume XLII Number 32, Filed August 11, 2022, Proposed by #13406, Effective 7/23/2022, Expires 7/23/2032