25160.2
. (a) In lieu of the procedures prescribed by Sections 25160
and 25161, transporters and generators of hazardous waste meeting
the conditions in this section may use the consolidated manifesting
procedure set forth in subdivision (b) to consolidate shipments of
waste streams identified in subdivision (c) collected from multiple
generators onto a single consolidated manifest.
(b) The following consolidated manifesting procedure may be used
only for non-RCRA hazardous waste or for RCRA hazardous waste that is
not required to be manifested pursuant to the federal act or the
federal regulations adopted pursuant to the federal act and
transported by a registered hazardous waste transporter, and used
only with the consent of the generator:
(1) A separate manifest shall be completed by each vehicle driver,
with respect to each transport vehicle operated by that driver for
each date.
(2) The transporter shall complete both the generator's and the
transporter's section of the manifest using the transporter's name,
identification number, terminal address, and telephone number. The
generator's and transporter's sections shall be completed prior to
commencing each day's collections. The driver shall sign and date the
generator's and transporter's sections of the manifest.
(3) The transporter shall attach to the front of the manifest
legible receipts for each quantity of hazardous waste that is
received from a generator. The receipts shall be used to determine
the total volume of hazardous waste in the vehicle. After the
hazardous waste is delivered, the receipts shall be affixed to the
transporter's copy of the manifest. The transporter shall leave a
copy of the receipt with the generator of the hazardous waste. The
generator shall retain each receipt for at least three years. This
period of retention is extended automatically during the course of
any unresolved enforcement action regarding the regulated activity or
as requested by the department or a certified unified program
agency.
(4) All copies of each receipt shall contain all of the following
information:
(A) The name, address, identification number, contact person, and
telephone number of the generator, and the signature of the generator
or the generator's representative.
(B) The date of the shipment.
(C) The manifest number.
(D) The volume or quantity of each waste stream received, its
California and RCRA waste codes, the wastestream type listed in
subdivision (c), and its proper shipping description, including the
hazardous class and United Nations/North America (UN/NA)
identification number, if applicable.
(E) The name, address, and identification number of the authorized
facility to which the hazardous waste will be transported.
(F) The transporter's name, address, and identification number.
(G) The driver's signature.
(H) A statement, signed by the generator, certifying that the
generator has established a program to reduce the volume or quantity
and toxicity of the hazardous waste to the degree, as determined by
the generator, to be economically practicable.
(5) The transporter shall enter the total volume or quantity of
each waste stream transported on the manifest at the change of each
date, change of driver, or change of transport vehicle. The total
volume or quantity shall be the cumulative amount of each waste
stream collected from the generators listed on the individual
receipts. 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.
(6) The transporter shall submit the generator copy of the
manifest to the department within 30 days of each shipment.
(7) The transporter shall retain a copy of the manifest and all
receipts for each manifest at a location within the state for three
years. This period of retention is extended automatically during the
course of any unresolved enforcement action regarding the regulated
activity or as requested by the department or a certified unified
program agency.
(8) The transporter shall submit all copies of the manifest to the
designated facility. A representative of the designated facility
that receives the hazardous waste shall sign and date the manifest,
return two copies to the transporter, retain one copy, and send the
original to the department within 30 days.
(9) All other manifesting requirements of Sections 25160 and 25161
shall be complied with unless specifically exempted under this
section. If an out-of-state receiving facility is not required to
submit the signed manifest copy to the department, the consolidated
transporter, acting as generator, shall submit a copy of the manifest
signed by the receiving facility to the department pursuant to
paragraph (3) of subdivision (b) of Section 25160.
(10) Except as provided by subdivision (e), each generator using
the consolidated manifesting procedure shall have an identification
number, unless exempted from manifesting requirements by action of
Section 25143.13 for generators of photographic waste less than 100
kilograms per calendar month.
(c) The consolidated manifesting procedure set forth in
subdivision (b) may be used only for the following waste streams and
in accordance with the conditions specified below for each waste
stream:
(1) Used oil and the contents of an oil/water separator, if the
separator is a catch basin, clarifier, or similar collection device
that is used to collect water containing residual amounts of one or
more of the following: used oil, antifreeze, or other substances and
contaminants associated with activities that generate used oil and
antifreeze.
(2) The wastes listed in subparagraph (A) may be manifested under
the procedures specified in this section only if all of the
requirements specified in subparagraphs (B) and (C) are satisfied.
(A) Wastes eligible for consolidated manifesting:
(i) Solids contaminated with used oil.
(ii) Brake fluid.
(iii) Antifreeze.
(iv) Antifreeze sludge.
(v) Parts cleaning solvents, including aqueous cleaning solvents.
(vi) Hydroxide sludge contaminated solely with metals from a
wastewater treatment process.
(vii) "Paint-related" wastes, including paints, thinners, filters,
and sludges.
(viii) Spent photographic solutions.
(ix) Dry cleaning solvents (including percholoroethylene, naphtha,
and silicone based solvents).
(x) Filters, lint, and sludges contaminated with dry cleaning
solvent.
(xi) Asbestos and asbestos-containing materials.
(xii) Inks from the printing industry.
(xiii) Chemicals and laboratory packs collected from K-12 schools.
(xiv) Absorbents contaminated with other wastes listed in this
section.
(xv) Filters from dispensing pumps for diesel and gasoline fuels.
(xvi) Any other waste, as specified in regulations adopted by the
department.
(B) The generator does not generate more than 1,000 kilograms per
calendar month of hazardous waste and meets the conditions of
paragraph (1) of subdivision (h) of Section 25123.3. For the purpose
of calculating the 1,000 kilograms per calendar month limit described
in this section, the generator may exclude the volume of used oil
and the contents of the oil/water separator that is managed pursuant
to paragraph (1) of subdivision (c).
(C) (i) The generator enters into an agreement with the
transporter in which the transporter agrees that the transporter will
submit a confirmation to the generator that the hazardous waste was
transported to an authorized hazardous waste treatment facility for
appropriate treatment. The agreement may provide that the hazardous
waste will first be transported to a storage or transfer facility in
accordance with the applicable provisions of law.
(ii) The treatment requirement specified in clause (i) does not
apply to asbestos, asbestos-containing materials, and chemicals and
laboratory packs collected from K-12 schools, or any other waste
stream for which the department determines there is no reasonably
available treatment methodology or facility. These wastes shall be
transported to an authorized facility.
(d) Transporters using the consolidated manifesting procedure set
forth in this section shall submit quarterly reports to the
department 30 days after the end of each quarter. The first quarterly
report shall be submitted on October 31, 2002, covering the July to
September 2002 period, and every three months thereafter. Except as
otherwise specified in paragraph (1), the quarterly report shall be
submitted in an electronic format provided by the department.
The department shall make all of the information in the quarterly
reports submitted pursuant to this subdivision available to the
public, through its usual means of disclosure, except the department
shall not disclose the association between any specific transporter
and specific generator. The list of generators served by a
transporter shall be deemed to be a trade secret and confidential
business information for purposes of Section 25173 and Section
66260.2 of Title 22 of the California Code of Regulations.
(1) Transporters that use the consolidated manifesting procedure
for less than 1,000 tons per calendar year may apply to the
department to continue submitting paper format reports.
(2) For each transporter's name, terminal address, and
identification number, the quarterly report shall include the
following information for each generator for each consolidated
manifest:
(A) The name, address, and identification number, the contact
person's name, and the telephone number of each generator.
(B) The date of the shipment.
(C) The manifest number.
(D) The volume or quantity of each waste stream received, its
California and RCRA waste code, and the wastestream category listed
in subdivision (c).
(e) (1) A transporter may accept and include on a consolidated
manifest a maximum of one shipment of used oil from a generator whose
identification number has been suspended for a violation of Section
25205.16.
(2) If a transporter accepts a shipment of used oil pursuant to
paragraph (1), the transporter shall do both of the following:
(A) Verify that the generator's identification number was
suspended for a violation of Section 25205.16.
(B) Notify the department within 24 hours that it accepted the
shipment from the generator.
(3) If a generator offers a shipment of used oil to a transporter
pursuant to paragraph (1), the generator shall do both of the
following:
(A) Notify the department within 24 hours that a transporter
accepted a shipment.
(B) Comply with Section 25205.16 within 30 days from the date the
transporter accepted the shipment.
(4) This subdivision shall become inoperative on and after January
1, 2014.