Sec. 26.13.05.05. Manifest System, Record Keeping, and Reporting

A. Applicability.

(1) This regulation applies to owners and operators of both on-site and off-site facilities, except as Regulation .01 of this chapter otherwise provides.

(2) Sections B, C, and G of this regulation do not apply to owners and operators of:

(a) On-site facilities that do not receive hazardous waste from off-site sources; or

(b) Off-site facilities with respect to waste military munitions exempted from manifest requirements under COMAR 26.13.10.28B.

(3) Section D(2)(i) of this regulation only applies to owners or operators who treat, store, or dispose of hazardous wastes on-site where these wastes were generated.

B. Use of Manifest System.

(1) If a facility receives hazardous waste accompanied by a manifest, the owner or operator, or the owner or operator's agent, shall:

(a) Sign and date, by hand, each copy of the manifest to certify that the hazardous waste covered by the manifest was:

(i) Received;

(ii) Received, except as noted in the manifest discrepancy space; or

(iii) Rejected, as noted in the manifest discrepancy space;

(b) Note any discrepancies in the manifest as defined in §C(1) of this regulation on each copy of the manifest;

(c) Immediately give the transporter at least one copy of the signed manifest;

(d) Within 30 days after the delivery, send a copy of the manifest to the generator;

(e) Send a completed copy of the manifest to:

(i) The Department within 10 days after receipt of the hazardous waste; and

(ii) The generator state if the generator state requires the destination facility to submit a copy of the manifest;

(f) Retain at the facility a copy of each manifest for at least 3 years from the date of delivery; and

(g) For hazardous waste imported from a foreign source, mail a copy of the manifest, within 30 days of delivery of the waste, to the address given in 40 CFR §264.71(a)(3).

(2) If a facility receives, from a rail or water (bulk shipment) transporter, hazardous waste which is accompanied by a shipping paper containing all the information required on the manifest (excluding the EPA identification numbers, generator's certification, and signatures), the owner or operator, or the owner or operator's agent, shall:

(a) Sign and date each copy of the shipping paper to certify that the hazardous waste covered by the shipping paper was received;

(b) Note any significant discrepancies in the shipping paper as defined in §C(1)) of this regulation on each copy of the shipping paper;

(c) Immediately give the rail or water (bulk shipment) transporter at least one copy of the shipping paper;

(d) Within 30 days after the delivery, send to the generator a copy of the signed and dated:

(i) Manifest; or

(ii) Shipping paper if the manifest has not been received within 30 days after delivery; and

(e) Retain at the facility a copy of each shipping paper and manifest for at least 3 years from the date of delivery.

(3) Whenever a shipment of hazardous waste is initiated from a facility, the owner or operator of that facility shall comply with the requirements of COMAR 26.13.03.

(4) Hazardous Waste Received at a Recovery Facility from a Foreign Source.

(a) For the purposes of this subsection:

(i) "Competent authorities" has the meaning stated in 40 CFR §262.81(a);

(ii) "Concerned countries" has the meaning stated in 40 CFR §262.81(b);

(iii) "Notifier" has the meaning stated in 40 CFR §262.81(g);

(iv) "Recovery facility" has the meaning stated in 40 CFR §262.81(j); and

(v) "Tracking document" means a document that meets the requirements of 40 CFR §262.84, which is incorporated by reference in COMAR 26.13.01.05B(1)(d).

(b) The owner or operator of a facility that has received hazardous waste subject to COMAR 26.13.03.07-5, which deals with international agreements concerning shipments of hazardous waste, shall provide a copy of the tracking document bearing all required signatures, within 3 working days of receipt of the shipment to:

(i) The notifier;

(ii) The U.S. EPA at the address given in 40 CFR §264.71(d); and

(iii) The competent authorities of all other concerned countries.

(c) A person required to distribute copies of a tracking document under §B(4)(b) of this regulation shall maintain the original of the signed tracking document at the facility for at least 3 years.

(5) A facility shall determine whether:

(a) Under the consignment state's hazardous waste program, the consignment state regulates as hazardous for a shipment any additional wastes beyond those regulated federally; and

(b) The generator state, consignment state, or both, require the facility to submit any copies of the manifest to these states.

C. Manifest Discrepancies.

(1) Manifest discrepancies are:

(a) Significant differences, as defined in §C(2) of this regulation, between the quantity or type of hazardous waste designated on the manifest or shipping paper and the quantity or type of hazardous waste a facility actually receives;

(b) Rejected wastes, which may be a full or a partial shipment of hazardous waste that the designated facility cannot accept; or

(c) Container residues, which are residues that exceed the quantity limits for a container to be defined as "empty" under COMAR 26.13.02.07B.

(2) In this section, the following terms have the meanings indicated:

(a) "Significant differences in quantity" means:

(i) For bulk waste, variations greater than 10 percent in weight; and

(ii) For batch waste, any variation in piece count, such as a discrepancy of one drum in a truckload.

(b) "Significant differences in type" means obvious differences that can be discovered by inspection or waste analysis, such as waste solvent substituted for waste acid or toxic constituents not reported on the manifest or shipping paper.

(3) If the owner or operator discovers a significant difference in quantity or type for a shipment of waste, the owner or operator shall:

(a) Upon discovery of the significant difference, attempt to reconcile the discrepancy with the waste generator or transporter, by, for example, telephone conversations; and

(b) If the discrepancy is not resolved within 15 days after receiving the waste, immediately submit the following to the Secretary:

(i) A letter describing the discrepancy and the attempts to reconcile it; and

(ii) A copy of the manifest or shipping paper at issue.

(4) Management of Rejected Wastes and Container Residues.

(a) Upon rejecting waste or identifying a container residue that exceeds the quantity limits for "empty" under COMAR 26.13.02.07B, the facility:

(i) Shall consult with the generator before forwarding the waste to another facility that can manage the waste;

(ii) May return the rejected waste or residue to the generator if it is impossible to locate an alternative facility that can receive the waste; and

(iii) Shall send the waste to the alternative facility or to the generator within 60 days of the rejection of the waste or the identification of the excess container residue.

(b) While the facility is making arrangements for forwarding rejected wastes or residues to another facility in accordance with §C(4)(a) of this regulation, pending delivery of the waste to the first transporter designated on the manifest prepared under §C(5) or (6) of this regulation, the facility shall:

(i) Ensure that the delivering transporter retains custody of the waste; or

(ii) Provide for secure, temporary custody of the waste.

(5) Preparation of Manifests-Shipments of Rejected Loads and Residues to an Alternate Facility.

(a) Except as provided in §C(5)(c) of this regulation, for full or partial load rejections and residues that are to be sent offsite to an alternate facility, the rejecting facility shall prepare a new manifest in accordance with the requirements of COMAR 26.13.03.04A and the instructions in §C(5)(b) of this regulation.

(b) The facility shall do the following in preparing the manifest required by §C(5)(a) of this regulation:

(i) Write the generator's U.S. EPA identification number in Item 1 of the new manifest;

(ii) Write the generator's name and mailing address in Item 5 of the new manifest;

(iii) If the generator's mailing address differs from the generator's site address, write the generator's site address in Item 5 of the new manifest;

(iv) Write the name of the alternate designated facility and the alternate facility's U.S. EPA identification number in Item 8, the designated facility block, of the new manifest;

(v) Copy the manifest tracking number found in Item 4 of the old manifest to the Special Handling Instructions and Additional Information Block of the new manifest, and indicate in this block that the shipment is a residue or rejected waste from the previous shipment;

(vi) Copy the manifest tracking number found in Item 4 of the new manifest to the manifest reference number line in Item 18a, the Discrepancy Block, of the old manifest;

(vii) Write the U.S. Department of Transportation description for the rejected load or the residue in Item 9, U.S. DOT Description, of the new manifest;

(viii) Write the number and type of container, waste quantity, unit of weight or volume, and waste codes for each waste in the appropriate spaces of the new manifest; and

(ix) Sign the Generator's/Offeror's Certification on the new manifest to certify, as offeror of the shipment, that the waste has been properly packaged, marked, and labeled, and is in proper condition for transportation.

(c) For full load rejections that are made while the transporter remains at the facility, the facility:

(i) May forward the rejected shipment to the alternate facility by completing Item 18b of the original manifest and supplying the information on the next destination facility in the Alternate Facility space;

(ii) Shall retain for the facility's records a copy of the manifest amended as specified in §C(5)(c)(i) of this regulation, and shall give the remaining copies of the amended manifest to the transporter to accompany the shipment; and

(iii) Shall, if the original manifest is not used in transporting the shipment to the alternate facility, use a new manifest completed in accordance with the requirements of COMAR 26.13.03.04A and the instructions in §C(5)(b) of this regulation.

(6) Preparation of Manifests-Shipments of Rejected Loads and Residues Returned to Generator.

(a) Except as provided in §C(6)(c) of this regulation, for rejected wastes and residues that are to be sent back to the generator, the rejecting facility shall prepare a new manifest in accordance with the requirements of COMAR 26.13.03.04A and the instructions in §C(6)(b) of this regulation.

(b) The facility shall do the following in preparing the manifest required by §C(6)(a) of this regulation:

(i) Write the rejecting facility's U.S. EPA identification number in Item 1 of the new manifest;

(ii) Write the rejecting facility's name and mailing address in Item 5 of the new manifest;

(iii) If the rejecting facility's mailing address differs from the facility's site address, write the facility's site address in Item 5 of the new manifest;

(iv) Write the name of the initial generator and the generator's U.S. EPA identification number in Item 8, the designated facility block, of the new manifest;

(v) Copy the manifest tracking number found in Item 4 of the old manifest to the Special Handling Instructions and Additional Information Block of the new manifest, and indicate in this block that the shipment is a residue or rejected waste from the previous shipment;

(vi) Copy the manifest tracking number found in Item 4 of the new manifest to the manifest reference number line in Item 18a, the Discrepancy Block, of the old manifest;

(vii) Write the U.S. DOT description for the rejected load or the residue in Item 9, U.S. DOT Description, of the new manifest;

(viii) Write the number and type of container, waste quantity, unit of weight or volume, and waste codes for each waste in the appropriate spaces of the new manifest; and

(ix) Sign the Generator's/Offeror's Certification on the new manifest to certify, as offeror of the shipment, that the waste has been properly packaged, marked, and labeled, and is in proper condition for transportation.

(c) For full load rejections that are made while the transporter remains at the facility, the facility:

(i) May return the shipment to the generator with the original manifest by completing Item 18b of the manifest and supplying the generator's information in the Alternate Facility space;

(ii) Shall retain for the facility's records a copy of the manifest amended as specified in §C(6)(c)(i) of this regulation, and shall give the remaining copies of the amended manifest to the transporter to accompany the shipment; and

(iii) Shall, if the original manifest is not used in returning the shipment to the generator, use a new manifest completed in accordance with the requirements of COMAR 26.13.03.04A and the instructions in §C(6)(b) of this regulation.

(7) Loads and Residues Rejected After Return of Original Manifest. If a facility rejects a waste or identifies a container residue that exceeds the quantity limits for empty under COMAR 26.13.02.07B after the facility has signed, dated, and returned a copy of the manifest to the delivering transporter or to the generator, the facility shall:

(a) Amend the facility's copy of the manifest to indicate the rejected wastes or residues in the discrepancy space of the amended manifest;

(b) Record the manifest tracking number from Item 4 of the new manifest that will accompany the shipment in the discrepancy space of the amended original manifest;

(c) Re-sign and date the amended original manifest to certify to the information as amended;

(d) Retain the amended original manifest for at least 3 years from the date the manifest was amended; and

(e) Send, within 30 days after the facility determines that the waste or residue must be rejected, a copy of the amended original manifest to the transporter and generator that received copies of the unamended, original manifest.

D. Operating Record.

(1) The owner or operator shall keep a written operating record at his facility.

(2) The owner or operator shall record following information as it becomes available, and maintain it in the operating record until closure of the facility:

(a) A description and the quantity of each hazardous waste received, and the methods and dates of its treatment, storage, or disposal at the facility as required by Regulation .20 of this chapter;

(b) Information on the inventory of hazardous waste at the facility, including:

(i) The location of each hazardous waste within the facility;

(ii) The quantity of hazardous waste at each location;

(iii) For the information required by §D(2)(b)(i) and (ii) of this regulation, cross-references to the specific manifest document numbers, if the waste was accompanied by a manifest; and

(iv) For disposal facilities, a map or diagram of each cell or disposal area on which has been recorded the location and quantity of each hazardous waste.

(c) Records and results of waste analysis performed as specified in Regulations .02D and H, .14N, and .16D of this chapter.

(d) Summary reports and details of all incidents that require implementing the contingency plan as specified in Regulation .04G(10) of this chapter.

(e) Records and results of inspections as required by Regulation .02F(4) of this chapter (except these data need be kept only 3 years).

(f) For off-site facilities, notices to generators as specified in Regulation .02C(3) of this chapter.

(g) All closure cost estimates under Regulation .08 of this chapter and for disposal facilities all post-closure cost estimates under Regulation .08 of this chapter.

(h) Monitoring, testing, or analytical data, and corrective action when required by Regulations .06-.06-7, .10D, .10-2, .10-4, .11F, .12E, .13G, I, K, .14C, I, .16I, and .16-1C of this chapter.

(i) A certification by the owner or operator at least annually, that the permittee has a program in place to reduce the volume and toxicity of hazardous waste that he generates to the degree determined by the permittee to be economically practicable; and the proposed method of treatment, storage, or disposal is that practicable method currently available to the permittee which minimizes the present and future threat to human health and the environment.

E. Availability, Retention, and Disposition of Records.

(1) All records, including plans, required under this chapter shall be furnished upon request, and made available at all reasonable times for inspection by any officer, employee, or representative of the Department who is duly designated by the Secretary.

(2) The retention period for all records required under this chapter is extended automatically during the course of any unresolved enforcement action regarding the facility or as requested by the Secretary.

(3) A copy of records of waste disposal locations and quantities under §D(2)(b) of this regulation shall be submitted to the Secretary and local land authority upon closure of the facility.

F. Annual or Biennial Reporting. An owner or operator shall:

(1) Periodically, submit reports to the Secretary concerning hazardous waste generated during the preceding calendar year on EPA or State Form 8700-13B, or on an alternate form provided by the Secretary;

(2) Submit the reports required by §F(1) of this regulation with the following frequency:

(a) Annually, for reporting periods through December 31, 1995, and

(b) Biennially, for reporting periods beginning January 1, 1997;

(3) Submit the reports required by §F(1) of this regulation not later than:

(a) March 1 of the following year for reporting periods through December 31, 1995; and

(b) March 1 of each even numbered year for the preceding calendar year for reporting periods beginning January 1, 1997; and

(4) Assure that the reports required by §F(1) of this regulation contain, at a minimum, the following information:

(a) The EPA identification number, name, and address of the facility;

(b) The calendar year covered by the report;

(c) For off-site facilities within the United States, the EPA identification number of each hazardous waste generator from whom the facility received a hazardous waste during the year;

(d) For imported shipments, the name and address of the foreign generator;

(e) A description and the quantity of each hazardous waste the facility received during the year;

(f) For off-site facilities within the United States, a listing of the information required by §F(4)(e) of this regulation under the EPA identification number of each generator from whom the facility received hazardous waste;

(g) The method of treatment, storage, or disposal for each hazardous waste;

(h) The certification signed by the owner or operator of the facility or the owner's or operator's authorized representative;

(i) The most recent closure cost estimate under Regulation .08 of this chapter and, for disposal facilities, the most recent post-closure cost estimate under Regulation .08 of this chapter;

(j) For generators who treat, store, or dispose of hazardous waste on site, a description of the efforts undertaken during the year to reduce the volume and toxicity of the waste generated; and

(k) For generators who treat, store, or dispose of hazardous waste on site, a description of the changes in volume and toxicity of waste actually achieved during the year in comparison to previous years, except that comparison to years before 1984 is only required to the extent that this information is available.

G. Unmanifested Waste Report.

(1) If a facility accepts for treatment, storage, or disposal any hazardous waste from an off-site source without an accompanying manifest, or without an accompanying shipping paper as described in COMAR 26.13.04.02A(5)(b), and if the waste is not excluded from the manifest requirement by COMAR 26.13.02.05 or by this chapter, then the owner or operator shall prepare and submit a single copy of a report to the Secretary within 15 days after receiving the waste.

(2) The owner or operator shall ensure that the report required by §G(1) of this regulation is clearly marked with the words "unmanifested waste report", and includes the following information:

(a) The EPA identification number, name, and address of the facility;

(b) The date the facility received the waste;

(c) The EPA identification number, name, and address of the generator and the transporter, if available;

(d) A description and the quantity of each unmanifested hazardous waste the facility received;

(e) The method of treatment, storage, or disposal for each hazardous waste;

(f) The certification in COMAR 26.13.07.03D signed by the owner or operator of the facility or the owner or operator's authorized representative; and

(g) A brief explanation of why the waste was unmanifested, if known.

H. Additional Reports. In addition to submitting the annual report or biennial report, and unmanifested waste reports described in §§F and G of this regulation, the owner or operator shall also report to the Secretary:

(1) Releases, fires, and explosions as specified in Regulation .04G(10) of this chapter;

(2) Ground water contamination and monitoring data as specified in Regulation .06-1B and C of this chapter;

(3) Facility closure as specified in Regulation .07F; and

(4) As otherwise required by Regulations .06-.06-7 and .11-.14 of this chapter.