324.11135 Manifest; submission of copy to department; certification; specified destination; determining status of specified waste; exception report; retention period for
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324.11135 Manifest; submission of copy to department; certification; specified destination; determining status of specified waste; exception report; retention period for copy of manifest; extension.
Sec. 11135.
(1)A hazardous waste generator shall provide a separate manifest to the transporter for each load of hazardous waste transported to property that is not on the site where it was generated.
(2)A person that fails to provide timely and accurate information or a complete form as provided for in this section is in violation of this part.
(3)A generator shall include on the manifest details as specified by the department and shall at least include a sufficient qualitative and quantitative analysis and a physical description of the hazardous waste to evaluate toxicity and methods of transportation, storage, and disposal. The manifest must include safety precautions as necessary for each load of hazardous waste. The generator shall submit to the department a copy of the manifest within 10 days after the end of the month for each load of hazardous waste transported within that month.
(4)A generator shall certify that the information contained on a manifest prepared by the generator is accurate.
(5)The specified destination of each load of hazardous waste identified on the manifest must be a designated facility.
(6)If a generator does not receive a copy of the manifest with the handwritten signature of the owner or operator of the designated facility within 35 days after the date on which the hazardous waste was accepted by the initial transporter, the generator shall contact the transporter to determine the status of the hazardous waste. If the generator is unable to determine the status of the hazardous waste upon contacting the transporter, the generator shall contact the owner or operator of the designated facility to which the hazardous waste was to be transported to determine the status of the hazardous waste.
(7)A generator shall submit an exception report to the department if the generator has not received a copy of the manifest with the handwritten signature of the owner or operator of the designated facility within 45 days after the date on which the hazardous waste was accepted by the initial transporter. The exception report must include all of the following:
(a)A legible copy of the manifest.
(b)A cover letter signed by the generator or the generator's authorized representative explaining the efforts taken to locate the hazardous waste and the results of those efforts.
(8)A generator shall keep a copy of each manifest signed and dated by the initial transporter for 3 years or until the generator receives a signed and dated copy from the owner or operator of the designated facility that received the hazardous waste. The generator shall keep the copy of the manifest signed and dated by the owner or operator of the designated facility for 3 years. The retention periods required by this subsection are automatically extended during the course of any unresolved enforcement action regarding the regulated activity or as required by the department.
History: 1994, Act 451, Eff. Mar. 30, 1995 ;-- Am. 2001, Act 165 , Imd. Eff. Nov. 7, 2001 ;-- Am. 2007, Act 75 , Imd. Eff. Sept. 30, 2007 ;-- Am. 2008, Act 403 , Imd. Eff. Jan. 6, 2009 ;-- Am. 2011, Act 90 , Imd. Eff. July 15, 2011 ;-- Am. 2013, Act 73 , Eff. Oct. 1, 2013 ;-- Am. 2014, Act 287 , Imd. Eff. Sept. 23, 2014 ;-- Am. 2017, Act 90 , Imd. Eff. July 12, 2017 ;-- Am. 2021, Act 91 , Imd. Eff. Oct. 20, 2021
Popular Name: Act 451
Popular Name: Hazardous Waste Act
Popular Name: NREPA