W. Va. Code R. § 150-11-2

Current through Register Vol. XLI, No. 50, December 13, 2024

Section 150-11-2 - The Manifest System

2.1.

2.1.a. A rail carrier may not accept hazardous waste from a generator unless it is accompanied by a manifest signed by the generator in accordance with Section 5 of 33 CSR 20.

2.1.b. Before transporting the hazardous waste, the rail carriers must sign and date the manifest acknowledging acceptance of the hazardous waste from the generator. The transporter must return a signed copy to the generator before leaving the generator's property.

2.2. When accepting hazardous waste from a non-rail transporter, the rail carrier must:

2.2.a. Sign and date the manifest acknowledging acceptance of the hazardous waste.

2.2.b. Return a signed copy of the manifest to the non-rail transporter.

2.2.c. Forward at least three (3) copies of the manifest to:

1. The next non-rail transporter, if any; or

2. The designated facility, if the shipment is to be delivered to that facility by rail; or

3. The last rail carrier to handle the waste in the United States.

2.2.d. Retain one copy of the manifest and rail shipping papers in accordance with Section 3. below.

2.3. Rail carriers must ensure that a shipping paper containing all information required on the manifest including the "EPA Acknowledgment of Consent" for waste being exported from the U.S. (excluding the EPA identification number, generator certification, and signatures) accompanies the hazardous waste at all times.

2.4. When delivering hazardous waste to the designated facility, a rail carrier must:

2.4.a. Obtain the date of delivery and handwritten signatures of the owner or operator of the designated facility on the manifest, or the shipping paper if the manifest has not yet been received by the facility; and

2.4.b. Retain a copy of the manifest or signed shipping paper in accordance with Section 3. below.

2.5. When delivering hazardous waste to a non-rail transporter a rail carrier must:

2.5.a. Obtain the date of delivery and the handwritten signature of the non-rail transporter on the manifest; and

2.5.b. Retain a copy of the manifest in accordance with Section 3. below.

2.6.

2.6.a. The rail carrier must deliver the entire quantity of hazardous waste which he has accepted from a generator or another transporter to:

1. The designated facility listed on the manifest; or

2. The alternate designated facility, if the hazardous waste cannot be delivered to the designated facility because an emergency prevents delivery; or

3. The next designated transporter.

4. The place outside the United States designated by the generator.

2.6.b. If the hazardous waste cannot be delivered in accordance with paragraph 2.6.a. above, the rail carrier must contact the generator for further directions and must revise the manifest according to the generator's instructions.

2.7. Transporters who transport hazardous waste out of the United States must:

2.7.a. Indicate on the manifest the date the hazardous waste left the United States;

2.7.b. Sign the manifest and retain one copy in accordance with Section 3.1.;

2.7.c. Return a signed copy of the manifest to the generator; and

2.7.d. Provide a copy of the required manifest to the U.S. Customs Office at the point of departure from the United States.

2.8. A transporter transporting hazardous waste from a generator who generates greater than 100 kilograms but less than 1000 kilograms of hazardous waste in a calendar month need not comply with the requirements of 2.1. through 2.5. and 2.7. of this Section or those of § 150-11-3 provided that:

2.8.a. The waste is being transported pursuant to a reclamation agreement as provided in 40 CFR 262.20(e) as incorporated by reference in Section 5 of 33 CSR 20.

2.8.b. The transporter records, on a log or shipping paper, the following information for each shipment:

1. The name, address, and U.S. EPA Identification Number of the generator of the waste;

2. The quantity of waste accepted;

3. All DOT-required shipping information;

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4. The date the waste is accepted.

2.8.c. The transporter carries this record when transporting waste to the reclamation facility.

2.8.d. The transporter retains these records for a period of at least three years after termination or expiration of the agreement.

W. Va. Code R. § 150-11-2