(1) 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 U.S. EPA form 8700-22, and if necessary, U.S. EPA form 8700-22A (the continuation sheet), according to the instructions included in the appendix to 40 CFR Part 262.
(B) The generator must designate on the manifest one facility which is permitted to handle the waste described on the manifest.
(C) The 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) The requirements of rules 3745-52-20 to 3745-52-57 of the Administrative Code do not apply to hazardous waste produced by generators of greater than one hundred kilograms but less than one thousand kilograms of hazardous waste in a calendar month where:
(1) The waste is reclaimed under a contractual agreement pursuant to which:
(a) The type of waste and frequency of shipments are specified in the agreement;
(b) The vehicle used to transport the waste to the recycling facility and to deliver regenerated material back to the generator is owned and operated by the reclaimer of the waste; and
(2) The generator maintains a copy of the reclamation agreement in his files for a period of at least three years after termination or expiration of the agreement.
(F) The requirements of rules 3745-52-20 to 3745-52-57 of the Administrative Code and paragraph (B) of rule 3745-52-32 of the Administrative Code 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 paragraph (A) of rule 3745-53-10 of the Administrative Code, the generator or transporter must comply with the requirements for transporters set forth in rules 3745-53-30 and 3745-53-31 of the Administrative Code in the event of a discharge of hazardous waste on a public or private right-of-way.
[Comment: For dates of non-regulatory government publications, publications of recognized organizations and associations, federal rules, and federal statutory provisions referenced in this rule, see rule 3745-50-11 of the Administrative Code titled "Incorporated by reference."]
R.C. 119.032 review dates: Exempt
Promulgated Under: 119.03
Statutory Authority: 3734.12
Rule Amplifies: 3734.12
Prior Effective Dates: 07/27/1980, 04/15/1981, 03/04/1985, 09/22/1986, 12/30/1989, 03/13/2002, 12/07/2004, 02/16/2009