Section 11-263-20 - The manifest system(a) A transporter may not accept hazardous waste from a generator unless it is accompanied by a manifest signed in accordance with the provisions of section 11-262-20. In the case of exports other than those subject to subchapter H of chapter 11-262, a transporter may not accept such waste from a primary exporter or other person if he or she knows the shipment does not conform to the EPA Acknowledgment of Consent; and unless, in addition to a manifest signed in accordance with the provisions of section 11-262-20, such waste is also accompanied by an EPA Acknowledgment of Consent which, except for shipment by rail, is attached to the manifest (or shipping paper for exports by water (bulk shipment)). For exports of hazardous waste subject to the requirements of chapter 11-262, subchapter H, a transporter may not accept hazardous waste without a tracking document that includes all information required by section 11-262-84.(b) Before transporting the hazardous waste, the transporter must sign and date the manifest acknowledging acceptance of the hazardous waste from the generator. The transporter must return a signed copy to the generator before leaving the generator's property.(c) The transporter must ensure that the manifest accompanies the hazardous waste. In the case of exports, the transporter must ensure that a copy of the EPA Acknowledgment of Consent also accompanies the hazardous waste.(d) A transporter who delivers a hazardous waste to another transporter or to the designated facility must: (1) Obtain the date of delivery and the handwritten signature of that transporter or of the owner or operator of the designated facility on the manifest; and(2) Retain one copy of the manifest in accordance with section 11-263-22; and(3) Give the remaining copies of the manifest to the accepting transporter or designated facility.(e) The requirements of subsections (c), (d) and (f) do not apply to water (bulk shipment) transporters if: (1) The hazardous waste is delivered by water (bulk shipment) to the designated facility; and(2) A shipping paper containing all the information required on the manifest (excluding the EPA identification numbers, generator certification, and signatures) and, for exports, an EPA Acknowledgment of Consent accompanies the hazardous waste; and(3) The delivering transporter obtains the date of delivery and handwritten signature of the owner or operator of the designated facility on either the manifest or the shipping paper; and(4) The person delivering the hazardous waste to the initial water (bulk shipment) transporter obtains the date of delivery and signature of the water (bulk shipment) transporter on the manifest and forwards it to the designated facility; and(5) A copy of the shipping paper or manifest is retained by each water (bulk shipment) transporter in accordance with section 11-263-22.(f) For shipments involving rail transportation, the requirements of subsections (c), (d) and (e) do not apply and the following requirements do apply: (1) When accepting hazardous waste from a non-rail transporter, the initial rail transporter must: (i) Sign and date the manifest acknowledging acceptance of the hazardous waste;(ii) Return a signed copy of the manifest to the non-rail transporter;(iii) Forward at least three copies of the manifest to: (A) The next non-rail transporter, if any; or,(B) The designated facility, if the shipment is delivered to that facility by rail; or(C) The last rail transporter designated to handle the waste in the United States;(iv) Retain one copy of the manifest and rail shipping paper in accordance with section 11-263-22.(2) Rail transporters must ensure that a shipping paper containing all the information required on the manifest (excluding the EPA identification numbers, generator certification, and signatures) and, for exports an EPA Acknowledgment of Consent accompanies the hazardous waste at all times.(3) When delivering hazardous waste to the designated facility, a rail transporter must: (i) Obtain the date of delivery and handwritten signature of the owner or operator of the designated facility on the manifest or the shipping paper (if the manifest has not been received by the facility); and(ii) Retain a copy of the manifest or signed shipping paper in accordance with section 11-263-22.(4) When delivering hazardous waste to a non-rail transporter a rail transporter must: (i) Obtain the date of delivery and the handwritten signature of the next non-rail transporter on the manifest; and(ii) Retain a copy of the manifest in accordance with section 11-263-22.(5) Before accepting hazardous waste from a rail transporter, a non-rail transporter must sign and date the manifest and provide a copy to the rail transporter.(g) Transporters who transport hazardous waste out of the United States must: (1) Indicate on the manifest the date the hazardous waste left the United States; and(2) Sign the manifest and retain one copy in accordance with subsection 11-263-22(c); and(3) Return a signed copy of the manifest to the generator; and(4) Give a copy of the manifest to a U.S. Customs official at the point of departure from the United States.(h) A transporter transporting hazardous waste from a generator who generates greater than one-hundred kilograms but less than one-thousand kilograms of hazardous waste in a calendar month need not comply with the requirements of this section or those of section 11-263-22 provided that: (1) The waste is being transported pursuant to a reclamation agreement as provided for in subsection 11-262-20(e);(2) The transporter records, on a log or shipping paper, the following information for each shipment: (i) The name, address, and U.S. EPA identification number of the generator of the waste;(ii) The quantity of waste accepted;(iii) All U.S. Department of Transportation-required shipping information;(iv) The date the waste is accepted; and(3) The transporter carries this record when transporting waste to the reclamation facility; and(4) The transporter retains these records for a period of at least three years after termination or expiration of the agreement.[Eff 6/18/94; am 3/13/99; comp] (Auth: HRS 342J-4, 342J-31, 342J-33, 342J-35) (Imp: 40 C.F.R. §263.20 )