3745-52-23 Use of the manifest.

(A) The generator must:

(1) Sign the manifest certification by hand ; and

(2) Obtain the handwritten signature of the initial transporter and date of acceptance on the manifest ; and

(3) Retain one copy, in accordance with paragraph (A) of rule 3745-52-40 of the Administrative Code.

(B) The generator shall give the transporter the remaining copies of the manifest.

(C) For shipment of hazardous waste 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 this rule 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 transported by water. Copies of the manifest are not required for each transporter.

(D) 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 this rule to:

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

(2) The designated facility if transported solely by rail; or

(3) The last rail transporter to handle the waste in the United States if exported by rail.

(E) For shipments of hazardous waste to a designated facility in another state that is authorized pursuant to 40 CFR Part 271 but 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.

[Comment: See paragraphs (E) and (F) of rule 3745-53-20 of the Administrative Code for special provisions for rail or water (bulk shipment) transporters.]

(F) For rejected shipments of hazardous waste or container residues contained in non-empty containers that are returned to the generator by the designated facility [following the procedures of paragraph (F) of rule 3745-54-72 or paragraph (F) of rule 3745-65-72 of the Administrative Code], the generator must:

(1) Sign either:

(a) Item 20 of the new manifest if a new manifest is used for the returned shipment; or

(b) Item 18c of the original manifest if the original manifest is used for the returned shipment;

(2) Provide the transporter a copy of the manifest;

(3) Within thirty days after delivery of the rejected shipment or container residues contained in non-empty containers, send a copy of the manifest to the designated facility that returned the shipment to the generator; and

(4) Retain at the generator's site a copy of each manifest for at least three years after the date of delivery.

[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."]

Effective: 03/17/2012
R.C. 119.032 review dates: Exempt
Promulgated Under: 119.03
Statutory Authority: 3734.12
Rule Amplifies: 3734.12
Prior Effective Dates: 7/27/80, 04/15/1981, 12/2/81, 3/4/85, 3/31/92