La. Admin. Code tit. 33 § V-1309

Current through Register Vol. 50, No. 11, November 20, 2024

Section V-1309 - Compliance with the Manifest

A. The transporter shall deliver the entire quantity of hazardous waste which he has accepted from a generator or a transporter, except as provided in Subsection B of this Section, to:

1. the designated facility listed on the manifest;

2. the alternate designated facility, if the hazardous waste cannot be delivered to the designated facility because an emergency prevents delivery;

3. the next designated transporter; or

4. the place outside the United States designated by the generator.

NOTE: No person may deliver a hazardous waste to a place other than the permitted facility shown on the manifest.

B. If the hazardous waste cannot be delivered in accordance with Subsection A of this Section, the transporter shall contact the generator for further directions and shall revise the manifest according to the generator's instructions. If the hazardous waste is rejected by the designated facility while the transporter is on the facility's premises, then the transporter must obtain the following:

1. for a partial load rejection or for regulated quantities of container residues, a copy of the original manifest that includes the facility's date and the signature, the manifest tracking number of the new manifest that will accompany the shipment, and a description of the partial rejection or container residue in the Discrepancy block of the original manifest. The transporter shall retain a copy of this manifest in accordance with LAC 33:V.1311, and give remaining copies of the original to the rejecting facility. If the transporter is forwarding the rejected part of the shipment or a regulated container residue to an alternate facility or returning it to the generator, the transporter shall obtain a new manifest to accompany the shipment, and the new manifest shall include all of the required information in LAC 33:V.1516.C.5.a.(i)-(vi);

2. for a full load rejection that will be taken back by the transporter, a copy of the original manifest which includes the rejecting facility's date and signature and that attests to the rejection, the description of the rejection in the discrepancy block, and the name, address, phone number, and ID number for the alternate facility, or generator, to which the shipment shall be delivered. The transporter shall retain a copy of the manifest and give a copy to the rejecting designated facility. If the original manifest is not used, the transporter shall obtain a new manifest for shipment.

C. A transporter shall not transport a shipment of hazardous waste in containers unless each hazardous waste container is marked and labeled as required in LAC 33:V.1063.B and C. If the label is lost or detached, the transporter shall replace it based on the information taken from the manifest for the shipment.

D. A transporter shall not transport a container that is leaking or appears to be damaged, except to the nearest place where the transport vehicle can be safely positioned without unnecessarily endangering other transport vehicles or the environment. The transporter will then make the repairs necessary to remedy the unsafe condition.

E. A transporter shall not accept hazardous wastes consisting of a material or mixtures of materials prohibited under DPS regulations.

F. Emergency Condition. If the hazardous waste cannot be delivered in accordance with Paragraph A.1, 2 or 4 of this Section because of an emergency condition other than rejection of the waste by the designated facility, or alternate designated facility, then the transporter shall contact the generator for further instructions and shall revise the manifest according to the generator's instructions.

G. Transporters without Agency Authority. If the hazardous waste is not delivered to the next designated transporter in accordance with Paragraph A.3 of this Section, and the current transporter is without contractual authorization from the generator to act as the generator's agent with respect to transporter additions or substitutions, then the current transporter shall contact the generator for further instructions prior to making any revisions to the transporter designations on the manifest. Afterwards, the current transporter may make such revisions if:

1. the hazardous waste is not delivered in accordance with Paragraph A.3 of this Section because of an emergency condition; or

2. the current transporter proposes to change the transporter(s) designated on the manifest by the generator, to add a new transporter during transportation, to respond to an emergency, or for purposes of transportation efficiency, convenience, or safety; and

3. the generator authorizes the revision.

H. Transporters With Agency Authority. If the hazardous waste is not delivered to the next designated transporter in accordance with Paragraph A.3 of this Section, and the current transporter has authorization from the generator to act as the generator's agent, then the current transporter may change the transporter(s) designated on the manifest, or add a new transporter during transportation without the generator's prior explicit approval, provided that:

1. the current transporter is authorized by a contractual provision that provides explicit agency authority for the transporter to make such transporter changes on behalf of the generator;

2. the transporter enters in Item 14 of each manifest in which a change is made, the following statement of its agency authority: "Contract retained by generator confers agency authority on initial transporter to add or substitute additional transporters on generator's behalf;" and

3. the change in designated transporters is necessary to respond to an emergency, or for purposes of transportation efficiency, convenience, or safety.

I. Generator Liability. The grant by a generator of authority to a transporter to act as the agent of the generator with respect to changes to transporter designations under Paragraph B.3 of this Section does not affect the generator's liability or responsibility for complying with any applicable requirement under this Chapter, or grant any additional authority to the transporter to act on behalf of the generator.

La. Admin. Code tit. 33, § V-1309

Promulgated by the Department of Environmental Quality, Office of Solid and Hazardous Waste, Hazardous Waste Division, LR 10:200 (March 1984), amended by the Office of Environmental Assessment, Environmental Planning Division, LR 26:2472 (November 2000), LR 27:44 (January 2001), amended by the Office of the Secretary, Legal Affairs Division, LR 32:825 (May 2006), Amended by the Office of the Secretary, Legal Affairs and Criminal Investigations Division, LR 46930 (7/1/2020), Amended LR 501461 (10/1/2024).

AUTHORITY NOTE: Promulgated in accordance with R.S. 30:2180 et seq.