25160
. (a) For purposes of this chapter, the following definitions
apply:
(1) "Manifest" means a shipping document originated and signed by
a generator of hazardous waste that contains all of the information
required by the department and that complies with all applicable
federal and state regulations.
(2) "California Uniform Hazardous Waste Manifest" means either of
the following:
(A) A manifest document printed and supplied by the state for a
shipment initiated on or before September 4, 2006.
(B) The Uniform Hazardous Waste Manifest printed by a source
registered with the United States Environmental Protection Agency for
a shipment initiated on or after September 5, 2006.
(3) For purposes of this section and Section 25205.15, a shipment
is initiated on the date when the manifest is signed by the first
transporter and the hazardous waste leaves the site where it is
generated.
(b) (1) Except as provided in Section 25160.2 or 25160.8, or as
otherwise authorized by a variance issued by the department, a person
generating hazardous waste that is transported, or submitted for
transportation, for offsite handling, treatment, storage, disposal,
or any combination thereof, shall complete a manifest prior to the
time the waste is transported or offered for transportation, and
shall designate on that manifest the facility to which the waste is
to be shipped for the handling, treatment, storage, disposal, or
combination thereof. The manifest shall be completed as required by
the department. The generator shall provide the manifest to the
person who will transport the hazardous waste, who is the driver, if
the hazardous waste will be transported by vehicle, or the person
designated by the railroad corporation or vessel operator, if the
hazardous waste will be transported by rail or vessel.
(A) The generator shall use the standard California Uniform
Hazardous Waste Manifest supplied by the department for all shipments
of hazardous waste initiated on and before September 4, 2006, for
which a manifest is required, except as provided in paragraph (2).
(B) The generator shall use the Uniform Hazardous Waste Manifest
printed by a source registered with the United States Environmental
Protection Agency for all shipments of hazardous waste initiated on
and after September 5, 2006, for which a manifest is required.
(C) A manifest shall only be used for the purposes specified in
this chapter, including, but not limited to, identifying materials
that the person completing the manifest reasonably believes are
hazardous waste.
(D) Within 30 days from the date of transport, or submission for
transport, of hazardous waste, each generator of that hazardous waste
shall submit to the department a legible copy of each manifest used.
The copy submitted to the department shall contain the signatures of
the generator and the transporter.
(E) In lieu of submitting a copy of each manifest used, a
generator may submit an electronic report to the department meeting
the requirements of Section 25160.3.
(2) Except as provided in Section 25160.2 or 25160.8 or as
otherwise authorized by a variance issued by the department, a person
generating hazardous waste that is transported, or submitted for
transportation, for offsite handling, treatment, storage, disposal,
or any combination thereof, outside of the state, shall complete,
whether or not the waste is determined to be hazardous by the
importing country or state, a manifest in accordance with the
following conditions:
(A) The generator shall use the standard California Uniform
Hazardous Waste Manifest or the manifest required by the receiving
state for all shipments of hazardous waste initiated on and before
September 4, 2006, for which a manifest is required.
(B) The generator shall use the Uniform Hazardous Waste Manifest
printed by a source registered with the United States Environmental
Protection Agency for all shipments of hazardous waste initiated on
and after September 5, 2006, for which a manifest is required.
(C) The generator shall submit a copy of the manifest specified in
subparagraph (A) or (B), as applicable, to the department within 30
days from the date of the transport, or submission for transport, of
the hazardous waste. In lieu of submitting a copy of each manifest
used, a generator may submit an electronic report to the department
meeting the requirements of Section 25160.3.
(3) Within 30 days from the date of transport, or submission for
transport, of hazardous waste out of state, each generator of that
hazardous waste shall submit to the department a legible copy of each
manifest used. The copy submitted to the department shall contain
the signatures of the generator, all transporters, excepting
intermediate rail transporters, and the out-of-state facility
operator. If within 35 days from the date of the initial shipment, or
for exports by water to foreign countries 60 days after the initial
shipment, the generator has not received a copy of the manifest
signed by all transporters and the facility operator, the generator
shall contact the owner or operator of the designated facility to
determine the status of the hazardous waste and to request that the
owner or operator immediately provide a signed copy of the manifest
to the generator. Except as provided otherwise in paragraph (2) of
subdivision (h) of Section 25123.3, if within 45 days from the date
of the initial shipment or, for exports by water to foreign
countries, 90 days from the date of the initial shipment, the
generator has not received a copy of the signed manifest from the
facility owner or operator, the generator shall submit an exception
report to the department.
(4) For shipments of waste that do not require a manifest pursuant
to Title 40 of the Code of Federal Regulations, the department, by
regulation, may establish manifest requirements that differ from the
requirements of this section. The requirements for an alternative
form of manifest shall ensure that the hazardous waste is transported
by a registered hazardous waste transporter, that the hazardous
waste is tracked, and that human health and safety and the
environment are protected.
(5) (A) Notwithstanding any other provision of this section,
except as provided in subparagraph (B), the generator copy of the
manifest is not required to be submitted to the department for any
waste transported in compliance with the consolidated manifest
procedures in Section 25160.2 or with the procedures specified in
Section 25160.8, or when the transporter is operating pursuant to a
variance issued by the department pursuant to Section 25143
authorizing the use of a consolidated manifest for waste not listed
in Section 25160.2, if the generator, transporter, and facility are
all identified as the same company on the hazardous waste manifest.
If multiple identification numbers are used by a single company, all
of the company's identification numbers shall be included in its
annual transporter registration application, if those numbers will be
used with the consolidated manifest procedure. Nothing in this
paragraph affects the obligation of a facility operator to submit to
the department a copy of a manifest pursuant to this section.
(B) If the waste subject to subparagraph (A) is transported out of
state, the generator shall either ensure that the facility operator
submits to the department a copy of the manifest or the generator
shall submit a copy to the department that contains the signatures of
the generator, all transporters, excepting intermediate rail
transporters, and the out-of-state facility operator pursuant to
paragraph (3).
(c) (1) The department shall determine the form and manner in
which a manifest shall be completed and the information that the
manifest shall contain. The information requested on the manifest
shall serve as the data dictionary for purposes of the developing of
an electronic reporting format pursuant to Section 71062 of the
Public Resources Code. The form of each manifest and the information
requested on each manifest shall be the same for all hazardous
wastes, regardless of whether the hazardous wastes are also regulated
pursuant to the federal act or by regulations adopted by the United
States Department of Transportation. However, the form of the
manifest and the information required shall be consistent with
federal regulations.
(2) Pursuant to federal regulations, the department may require
information on the manifest in addition to the information required
by federal regulations.
(d) (1) A person who transports hazardous waste in a vehicle shall
have a manifest in his or her possession while transporting the
hazardous waste. The manifest shall be shown upon demand to any
representative of the department, any officer of the Department of
the California Highway Patrol, any local health officer, any
certified unified program agency, or any local public officer
designated by the director. If the hazardous waste is transported by
rail or vessel, the railroad corporation or vessel operator shall
comply with Subchapter C (commencing with Section 171.1) of Chapter 1
of Subtitle B of Title 49 of the Code of Federal Regulations and
shall also enter on the shipping papers any information concerning
the hazardous waste that the department may require.
(2) Any person who transports a waste, as defined by Section
25124, and who is provided with a manifest for that waste shall,
while transporting that waste, comply with all requirements of this
chapter, and the regulations adopted pursuant thereto, concerning the
transportation of hazardous waste.
(3) A person who transports hazardous waste shall transfer a copy
of the manifest to the facility operator at the time of delivery, or
to the person who will subsequently transport the hazardous waste in
a vehicle. A person who transports hazardous waste and then transfers
custody of that hazardous waste to a person who will subsequently
transport that waste by rail or vessel shall transfer a copy of the
manifest to the person designated by the railroad corporation or
vessel operator, as specified by Subchapter C (commencing with
Section 171.1) of Chapter 1 of Subtitle B of Title 49 of the Code of
Federal Regulations.
(4) A person transporting hazardous waste by motor vehicle, rail,
or water shall certify to the department, at the time of initial
registration and at the time of renewal of that registration pursuant
to this article, that the transporter is familiar with the
requirements of this section, the department regulations, and federal
laws and regulations governing the use of manifests.
(e) (1) A facility operator in the state who receives hazardous
waste for handling, treatment, storage, disposal, or any combination
thereof, which was transported with a manifest pursuant to this
section, shall submit a copy of the manifest to the department within
30 days from the date of receipt of the hazardous waste. The copy
submitted to the department shall contain the signatures of the
generator, all transporters, excepting intermediate rail
transporters, and the facility operator. In instances in which the
generator or transporter is not required by the generator's state or
federal law to sign the manifest, the facility operator shall require
the generator and all transporters, excepting intermediate rail
transporters, to sign the manifest before receiving the waste at any
facility in this state. In lieu of submitting a copy of each manifest
used, a facility operator may submit an electronic report to the
department meeting the requirements of Section 25160.3.
(2) Any treatment, storage, or disposal facility receiving
hazardous waste generated outside this state may only accept the
hazardous waste for treatment, storage, disposal, or any combination
thereof, if the hazardous waste is accompanied by a completed
standard California Uniform Hazardous Waste Manifest.
(3) A facility operator may accept hazardous waste generated
offsite that is not accompanied by a properly completed and signed
standard California Uniform Hazardous Waste Manifest if the facility
operator meets both of the following conditions:
(A) The facility operator is authorized to accept the hazardous
waste pursuant to a hazardous waste facilities permit or other grant
of authorization from the department.
(B) The facility operator is in compliance with the regulations
adopted by the department specifying the conditions and procedures
applicable to the receipt of hazardous waste under these
circumstances.
(4) This subdivision applies only to shipments of hazardous waste
for which a manifest is required pursuant to this section and the
regulations adopted pursuant to this section.
(f) A generator, transporter, or facility operator may comply with
the requirements of Sections 66262.40, 66263.22, 66264.71, and
66265.71 of Title 22 of the California Code of Regulations by storing
manifest information electronically. A generator, transporter, or
facility operator who stores manifest information electronically
shall use the standardized electronic format and protocol for the
exchange of electronic data established by the Secretary for
Environmental Protection pursuant to Part 2 (commencing with Section
71050) of Division 34 of the Public Resources Code and the stored
information shall include all the information required to be retained
by the department, including all signatures required by this
section.
(g) The department shall make available for review, by any
interested party, the department's plans for revising and enhancing
its system for tracking hazardous waste for the purposes of
protecting human health and the environment, enforcing laws,
collecting revenue, and generating necessary reports.