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7045.0261 MANIFEST DOCUMENT; GENERAL REQUIREMENTS.

Subpart 1.

When required.

Except as exempted in subpart 1a, a generator who transports or offers for transportation hazardous waste for off-site treatment, storage, or disposal or the owner or operator of 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 EPA Form 8700-22 and, if necessary, EPA Form 8700-22A, before transporting the waste off-site. Generators shall complete the manifest in accordance with subpart 6 and the instructions included in the appendix to Code of Federal Regulations, title 40, part 262, as adopted by reference in part 7045.0325.

Subp. 1a.

Exemptions.

A generator may transport hazardous waste without a manifest under the following conditions:

A.

A very small quantity generator may transport the generator's own hazardous waste without a manifest if transportation is via the generator's own vehicle and if that transportation is to a very small quantity generator hazardous waste collection program under part 7045.0320.

B.

A small quantity or a very small quantity generator may use an alternate manifest system as provided under part 7045.0075, subpart 5.

C.

Feedstock and by-products being managed according to part 7045.0125, subparts 5 and 6, may be transported without a manifest.

D.

Universal waste being managed by a handler according to part 7045.1400 may be transported without a manifest.

E.

Waste being transported on-site as described in part 7045.0351, subpart 2, item A, may be transported without a manifest.

F.

Spent lead-acid batteries being managed according to part 7045.0685 may be transported without a manifest.

Subp. 2.

Designation of facility.

A generator must designate on the manifest one facility which is permitted to handle the waste described on the manifest.

Subp. 3.

Alternate facility.

A generator may also designate on the manifest one alternate facility which meets the requirements of subpart 2 in the event an emergency prevents delivery of the waste to the primary designated facility.

Subp. 4.

Unable to deliver.

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.

Subp. 5.

[Repealed, 31 SR 1277]

Subp. 6.

Specific Minnesota hazardous wastes.

A.

If a generator located in the state of Minnesota produces a waste classified as hazardous in Minnesota which is not classified as hazardous in the state where the receiving facility is located, the generator must ensure that the facility is permitted to accept and manage the waste by the appropriate state agency.

B.

If a waste is classified as hazardous in Minnesota and is assigned a Minnesota waste code, the Minnesota waste codes must be identified on the manifest in item 13.

Subp. 7.

Manifest information.

Manifest information requirements include those required by United States Department of Transportation and United States Environmental Protection Agency regulations and consist of the numbered items on the manifest set forth in the Appendix to Code of Federal Regulations, title 40, part 262, as amended, and adopted by reference in part 7045.0325.

Subp. 8.

Availability of manifests.

Manifests are available from any source that is registered with the United States Environmental Protection Agency as a supplier of manifests.

Subp. 9.

[Repealed, 31 SR 1277]

Subp. 10.

Continuation sheets.

A generator shall use a continuation sheet to the manifest if:

A.

more than two transporters are to be used to transport the waste; or

B.

more space is required for the United States Department of Transportation description and related information in item 9 of United States EPA form 8700-22. Only EPA Form 8700-22A may be used and it must be completed and copies distributed in accordance with parts 7045.0265 and 7045.0325. A generator using a continuation sheet shall attach the sheet to the manifest.

Statutory Authority:

MS s 116.07

History:

9 SR 115; 9 SR 2118; 11 SR 1832; 11 SR 1950; L 1987 c 186 s 15; 16 SR 2102; 18 SR 1565; 20 SR 715; 31 SR 1277

Published Electronically:

October 10, 2013

Official Publication of the State of Minnesota
Revisor of Statutes