Section NR 667.0071 - Use of the manifest system(1) If a facility receives hazardous waste accompanied by a manifest, the owner or operator or an agent, shall: (a) Sign and date each copy of the manifest to certify that the hazardous waste covered by the manifest was received.(b) Note any significant discrepancies in the manifest (as defined in s. NR 667.0072(1)) on each copy of the manifest.(c) Immediately give the transporter at least one copy of the signed manifest;(d) Within 30 days after the delivery, send a copy of the manifest to the generator.(e) Retain at the facility a copy of each manifest for at least 3 years from the date of delivery.(f) If a facility receives hazardous waste subject to subch. H of ch. NR 662, from a foreign source, the receiving facility shall do all of the following:1. List the relevant consent number from consent documentation supplied by EPA to the facility for each waste listed on the manifest, matched to the relevant list number for the waste from block 9b. If additional space is needed, the receiving facility should use a continuation sheet, EPA Form 8700-22A.2. Mail a copy of the manifest to EPA using the addresses listed in s. NR 662.082(5) within 30 days of delivery until the facility can submit a copy to the e-manifest system under s. NR 664.0071(1) (b) 5. or 665.0071(1) (b) 5.(2) If a facility receives, from a rail or water (bulk shipment) transporter, hazardous waste which is accompanied by a shipping paper containing all the information required on the manifest (excluding the EPA identification numbers, generator's certification, and signatures), the owner or operator or an agent, shall: (a) Sign and date each copy of the manifest or shipping paper (if the manifest has not been received) to certify that the hazardous waste covered by the manifest or shipping paper was received.(b) Note any significant discrepancies (as defined in s. NR 667.0072(1)) in the manifest or shipping paper (if the manifest has not been received) on each copy of the manifest or shipping paper. Note that the department does not intend that the owner or operator of a facility whose procedures under s. NR 667.0013 include waste analysis must perform that analysis before signing the shipping paper and giving it to the transporter. Section NR 667.0072(2), however, requires reporting an unreconciled discrepancy discovered during later analysis.(c) Immediately give the rail or water (bulk shipment) transporter at least one copy of the manifest or shipping paper (if the manifest has not been received).(d) Within 30 days after the delivery, send a copy of the signed and dated manifest to the generator; however, if the manifest has not been received within 30 days after delivery, the owner or operator or an agent, shall send a copy of the shipping paper signed and dated to the generator. Note that ss. NR 662.023(4) and (5) require the generator to send 3 copies of the manifest to the facility when hazardous waste is sent by rail or water (bulk shipment).(e) Retain at the facility a copy of the manifest and shipping paper (if signed in lieu of the manifest at the time of delivery) for at least 3 years from the date of delivery.(3) Whenever a shipment of hazardous waste is initiated from a facility, the owner or operator of that facility shall comply with the requirements of ch. NR 662. The department notes that the provisions of s. NR 662.016 or 662.017 are applicable to the on-site accumulation of hazardous wastes by generators. Therefore, the provisions of s. NR 662.016 or 662.017 only apply to owners or operators who are shipping hazardous waste which they generated at that facility.(4) As per s. NR 662.084(4) (b) 15., within 3 working days of the receipt of a shipment subject to subch. H of ch. NR 662, the owner or operator of the facility shall provide a copy of the movement document bearing all required signatures to the foreign exporter, to the competent authorities of the countries of export and transit that control the shipment as an export and transit shipment of hazardous waste respectively, and on or after the electronic import-export reporting compliance date, to EPA electronically using EPA's waste import export tracking system, or its successor system. The original copy of the movement document shall be maintained at the facility for at least 3 years from the date of signature. The owner or operator of a facility may satisfy this recordkeeping requirement by retaining electronically submitted documents in the facility's account on EPA's waste import export tracking system, or its successor system, provided that copies are readily available for viewing and production if requested by an EPA or department inspector. No owner or operator of a facility shall be held liable for the inability to produce the documents for inspection under this section if the owner or operator of a facility can demonstrate that the inability to produce the document is due exclusively to technical difficulty with EPA's waste import export tracking system, or its successor system, for which the owner or operator of a facility bears no responsibility.Wis. Admin. Code Department of Natural Resources NR 667.0071
Adopted by, CR 16-007: cr. Register July 2017 No. 739, eff.8/1/2017Amended by, CR 19-082: cr. (1) (f), am. (3), (4) Register August 2020 No. 776, eff. 9/1/2020