Administrative Rules for
PART 111 HAZARDOUS WASTE MANAGEMENT
of the Natural Resources and Environmental Protection Act 1994 PA 451, as
amended
Rule 409.
(1) Hazardous
waste transporters shall only transport hazardous waste using a manifest. Hazardous waste transporters shall comply
with 40 C.F.R. part 263, subpart B, regarding the manifest
system, compliance with the manifest, and recordkeeping.
(2) If the
hazardous waste cannot be delivered pursuant to the manifest and
40 C.F.R. §263.21(a), and if the transporter revises the manifest
pursuant to 40 C.F.R. §263.21(b)(1), the transporter shall legibly
note on the manifest the name and phone number of the person representing the
generator from whom instructions have been obtained.
(3) A transporter
whose manifested shipment results in a significant manifest discrepancy, as
specified in R 299.9608, and a total or partial rejected shipment shall
comply with 40 C.F.R. §263.21(b)(2).
Before accepting for transportation the rejected portion of
the original shipment, the transporter shall confirm that the generator has
prepared a new manifest pursuant to part 3 of these rules.
(4) A transporter shall retain all records, logs,
or documents required pursuant to this part for a period of 3 years. The retention period shall be extended during
the course of any unresolved enforcement action regarding the regulated
activity or as otherwise required by the department.
(5) The provisions of
40 C.F.R. part 263, subpart B, are adopted by reference in
R 299.11003.
These administrative rules are provided as a free
service of the State Bar of Michigan Environmental Law Section. The administrative rules, which were
re-formatted for consistency, are not intended to replace official versions and
are subject to revision and/or repeal.
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