NR 663.20(1)(d)
(d)
Use of electronic manifest — legal equivalence to paper forms for participating transporters. An electronic manifest that is obtained, completed, and transmitted in accordance with s.
NR 662.020 (1) (c), and used in accordance with this section in lieu of EPA Forms 8700-22 and 8700-22A, is the legal equivalent of a paper manifest form bearing handwritten signatures, and satisfies for all purposes any requirement to obtain, complete, sign, carry, provide, give, use, or retain a manifest.
NR 663.20(1)(d)1.
1. Any requirement to sign a manifest or manifest certification by hand, or to obtain a handwritten signature, is satisfied by signing with or obtaining a valid and enforceable electronic signature within the meaning specified in
40 CFR 262.25 and s.
NR 662.025 (1).
NR 663.20(1)(d)2.
2. Any requirement to give, provide, send, forward, or return to another person a copy of the manifest is satisfied when a copy of an electronic manifest is transmitted to the other person by submission to the electronic manifest system.
NR 663.20(1)(d)3.
3. Any requirement of a manifest to accompany a hazardous waste shipment is satisfied when a copy of an electronic manifest is accessible during transportation and forwarded to the person or persons who are scheduled to receive delivery of the waste shipment, except that to the extent that the hazardous materials regulation on shipping papers for carriage by public highway requires transporters of hazardous materials to carry a paper document to comply with
49 CFR 177.817, a hazardous waste transporter shall carry one printed copy of the electronic manifest on the transport vehicle.
NR 663.20(1)(d)4.
4. Any requirement for a transporter to keep or retain a copy of a manifest is satisfied by the retention of an electronic manifest in the transporter's account on the e-manifest system, provided that the copies are readily available for viewing and production if requested by the department.
NR 663.20(1)(d)5.
5. No transporter may be held liable for the inability to produce an electronic manifest for inspection under this section if that transporter can demonstrate that the inability to produce the electronic manifest is exclusively due to a technical difficulty with the EPA system for which the transporter bears no responsibility.
NR 663.20(1)(e)
(e)
Accessing the electronic manifest system. A transporter may participate in the electronic manifest system either by accessing the electronic manifest system from the transporter's own electronic equipment, or by accessing the electronic manifest system from the equipment provided by a participating generator, by another transporter, or by a designated facility.
NR 663.20(1)(f)
(f)
Special procedures when electronic manifest is not available. If, after a manifest has been originated electronically and signed electronically by the initial transporter, the electronic manifest system becomes unavailable for any reason, then all of the following requirements shall be met:
NR 663.20(1)(f)1.
1. The transporter in possession of the hazardous waste when the electronic manifest becomes unavailable shall reproduce sufficient copies of the printed manifest that is carried on the transport vehicle under par.
(d) 3., or obtain and complete another paper manifest for this purpose. The transporter shall reproduce sufficient copies to provide the transporter and all subsequent waste handlers with a copy for their files, plus 2 additional copies that will be delivered to the designated facility with the hazardous waste.
NR 663.20(1)(f)2.
2. On each printed copy, the transporter shall include a notation in the special handling and additional description space, item 14, that the paper manifest is a replacement manifest for a manifest originated in the electronic manifest system. The transporter shall include, if not pre-printed on the replacement manifest, the manifest tracking number of the electronic manifest that is replaced by the paper manifest, and shall also include a brief explanation why the electronic manifest was not available for completing the tracking of the shipment electronically.
NR 663.20(1)(f)3.
3. A transporter signing a replacement manifest to acknowledge receipt of the hazardous waste shall ensure that each paper copy is individually signed and that a legible handwritten signature appears on each copy.
NR 663.20(1)(f)4.
4. From the point at which the electronic manifest is no longer available for tracking the waste shipment, the paper replacement manifest copies shall be carried, signed, retained as records, and given to a subsequent transporter or to the designated facility, following the instructions, procedures, and requirements that apply to the use of all other paper manifests.
NR 663.20(1)(g)
(g)
Special procedures for electronic signature methods undergoing tests. If a transporter using an electronic manifest signs this manifest electronically using an electronic signature method that is undergoing pilot or demonstration tests aimed at demonstrating the practicality or legal dependability of the signature method, then the transporter shall sign the electronic manifest electronically and also sign with an ink signature the transporter acknowledgement of receipt of materials on the printed copy of the manifest that is carried on the vehicle in accordance with par.
(d) 3. This printed copy bearing the generator's and transporter's ink signatures shall also be presented by the transporter to the designated facility to sign in ink to indicate the receipt of the waste materials or to indicate discrepancies. After the owner or operator of the designated facility has signed this printed manifest copy with its ink signature, the printed manifest copy shall be delivered to the designated facility with the waste materials.
NR 663.20(1)(i)
(i)
Post-receipt manifest data corrections. After a facility has certified to the receipt of hazardous wastes by signing item 20 of the manifest, any post-receipt data corrections may be submitted at any time by any interested person, for example the waste handler
, named on the manifest. A transporter may participate electronically in the post-receipt data corrections process by following the process described in s.
NR 664.0071 (12), which applies to corrections made to either paper or electronic manifest records.
NR 663.20(2)
(2) Before transporting the hazardous waste, the transporter shall sign and date the manifest acknowledging acceptance of the hazardous waste from the generator. The transporter shall return a signed copy to the generator before leaving the generator's property.
NR 663.20(3)
(3) The transporter shall ensure that the manifest accompanies the hazardous waste. In the case of exports occurring under the terms of a consent issued by EPA to the exporter on or after December 31, 2016, the transporter shall ensure that a movement document that includes all information required under s.
NR 662.083 (4) also accompanies the hazardous waste. In the case of imports occurring under the terms of a consent issued by EPA to the country of export or the importer on or after December 31, 2016, the transporter shall ensure that a movement document that includes all information required under s.
NR 662.084 (4) also accompanies the hazardous waste.
NR 663.20(4)
(4) A transporter who delivers a hazardous waste to another transporter or to the designated facility shall do all of the following:
NR 663.20(4)(a)
(a) Obtain the date of delivery and the handwritten signature of that transporter or of the owner or operator of the designated facility on the manifest.
NR 663.20(4)(c)
(c) Give the remaining copies of the manifest to the accepting transporter or designated facility.
NR 663.20(5)
(5) The requirements of subs.
(3),
(4) and
(6) do not apply to water (bulk shipment) transporters if all of the following conditions are met:
NR 663.20(5)(a)
(a) The hazardous waste is delivered by water (bulk shipment) to the designated facility.
NR 663.20(5)(b)
(b) A shipping paper containing all the information required on the manifest (excluding the EPA identification numbers, generator certification, and signatures) and, for exports or imports occurring under the terms of a consent issued by EPA on or after December 31, 2016, a movement document that includes all information required under s.
NR 662.083 (4) or
662.084 (4) accompanies the hazardous waste.
NR 663.20(5)(c)
(c) The delivering transporter obtains the date of delivery and handwritten signature of the owner or operator of the designated facility on either the manifest or the shipping paper.
NR 663.20(5)(d)
(d) The person delivering the hazardous waste to the initial water (bulk shipment) transporter obtains the date of delivery and signature of the water (bulk shipment) transporter on the manifest and forwards it to the designated facility.
NR 663.20(5)(e)
(e) Each water (bulk shipment) transporter retains a copy of the shipping paper or manifest in accordance with s.
NR 663.22.
NR 663.20(6)
(6) For shipments involving rail transportation, the requirements of subs.
(3),
(4) and
(5) do not apply and all of the following requirements do apply:
NR 663.20(6)(a)
(a) When accepting hazardous waste from a non-rail transporter, the initial rail transporter shall do all of the following:
NR 663.20(6)(a)1.
1. Sign and date the manifest acknowledging acceptance of the hazardous waste.
NR 663.20(6)(a)2.
2. Return a signed copy of the manifest to the non-rail transporter.
NR 663.20(6)(a)3.
3. Forward at least 3 copies of the manifest to one of the following:
NR 663.20(6)(a)3.b.
b. The designated facility, if the shipment is delivered to that facility by rail.
NR 663.20(6)(a)3.c.
c. The last rail transporter designated to handle the waste in the United States.
NR 663.20(6)(b)
(b) Rail transporters shall ensure that a shipping paper containing all the information required on the manifest (excluding the EPA identification numbers, generator certification, and signatures) and, for exports or imports occurring under the terms of a consent issued by EPA on or after December 31, 2016, a movement document that includes all information required under s.
NR 662.083 (4) or
662.084 (4) accompanies the hazardous waste at all times.
NR 663.20 Note
Note: Intermediate rail transporters are not required to sign either the manifest, moving document, or shipping paper.
NR 663.20(6)(c)
(c) When delivering hazardous waste to the designated facility, a rail transporter shall do all of the following:
NR 663.20(6)(c)1.
1. Obtain the date of delivery and handwritten signature of the owner or operator of the designated facility on the manifest or the shipping paper (if the manifest has not been received by the facility).
NR 663.20(6)(d)
(d) When delivering hazardous waste to a non-rail transporter a rail transporter shall do all of the following:
NR 663.20(6)(d)1.
1. Obtain the date of delivery and the handwritten signature of the next non-rail transporter on the manifest.
NR 663.20(6)(e)
(e) Before accepting hazardous waste from a rail transporter, a non-rail transporter shall sign and date the manifest and provide a copy to the rail transporter.
NR 663.20(7)
(7) Transporters who transport hazardous waste out of the United States shall do all of the following:
NR 663.20(7)(a)
(a) Sign and date the manifest in the international shipments block to indicate the date that the shipment left the United States.
NR 663.20(7)(d)2.
2. For shipments initiated prior to the AES filing compliance date, when instructed by the exporter to do so, give a copy of the manifest to a U.S. customs official at the point of departure from the United States.
NR 663.20(8)
(8) A transporter transporting hazardous waste from a small quantity generator need not comply with the requirements of this section or those of s.
NR 663.22 provided that all of the following conditions are met:
NR 663.20(8)(b)
(b) The transporter records, on a log or shipping paper, all of the following information for each shipment:
NR 663.20(8)(b)1.
1. The name, address and U.S. EPA identification number of the generator of the waste.
NR 663.20(8)(c)
(c) The transporter carries this record when transporting waste to the reclamation facility.
NR 663.20(8)(d)
(d) The transporter retains these records for a period of at least 3 years after termination or expiration of the agreement.
NR 663.20 History
History: CR 05-032: cr.
Register July 2006 No. 607, eff. 8-1-06;
CR 06-102: am. (1), (7) (a) and (b)
Register March 2007 No. 615, eff. 4-1-07;
CR 19-082: r. and recr. (1) (a), (b), cr. (1) (c) to (g), (i), r. and recr. (3), am. (5) (b), (6) (b), r. and recr. (7) (d)
Register August 2020 No. 776, eff. 9-1-20; correction in (1) (a), (c) made under s.
35.17, Stats.,
Register August 2020 No. 776; correction in (8) (a) made under s.
13.92 (4) (b) 7., Stats.,
Register April 2021 No. 784.
NR 663.21
NR 663.21 Compliance with the manifest. NR 663.21(1)(1)
Except as provided in sub.
(2), the transporter shall deliver the entire quantity of hazardous waste that the transporter has accepted from a generator or a transporter to one of the following:
NR 663.21(1)(b)
(b) The alternate designated facility, if the hazardous waste cannot be delivered to the designated facility because an emergency prevents delivery.
NR 663.21(1)(d)
(d) The place outside the United States designated by the generator.
NR 663.21(2)(a)(a)
Emergency condition.
If the hazardous waste cannot be delivered in accordance with s.
NR 663.21 (1) (a),
(b), or
(d) because of an emergency condition other than rejection of the waste by the designated facility or alternate designated facility, then the transporter must contact the generator for further instructions and must revise the manifest according to the generator's instructions.
NR 663.21(2)(b)
(b)
Transporters without agency authority. If the hazardous waste is not delivered to the next designated transporter in accordance with sub.
(1) (c), 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 must contact the generator for further instructions prior to making any revisions to the transporter designations on the manifest. The current transporter may thereafter make the revisions if all of the following conditions are met:
NR 663.21(2)(b)1.
1. The hazardous waste is not delivered in accordance with sub.
(1) (c) because of an emergency condition.
NR 663.21(2)(b)2.
2. The current transporter proposes to change the transporter designated on the manifest by the generator, or to add a new transporter during transportation, to respond to an emergency, or for purposes of transportation efficiency, convenience, or safety.
NR 663.21(2)(c)
(c)
Transporters with agency authority. If the hazardous waste is not delivered to the next designated transporter in accordance with sub.
(1) (c) and the current transporter has authorization from the generator to act as the generator's agent, then the current transporter may change the transporter designated on the manifest, or add a new transporter, during transportation without the generator's prior, explicit approval, provided all of the following conditions are met:
NR 663.21(2)(c)1.
1. The current transporter is authorized by a contractual provision that provides explicit agency authority for the transporter to make transporter changes on behalf of the generator.
NR 663.21(2)(c)2.
2. The transporter enters in item 14 of each manifest on 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.”
NR 663.21(2)(c)3.
3. The change in designated transporters is necessary to respond to an emergency, or for purposes of transportation efficiency, convenience, or safety.
NR 663.21(2)(d)
(d)
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 par.
(c) 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.
NR 663.21(3)
(3) If hazardous waste is rejected by the designated facility while the transporter is on the facility's premises, then the transporter must obtain one of the following:
NR 663.21(3)(a)
(a) 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 signature, and 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 s.
NR 663.22, and give the remaining copies of the original manifest to the rejecting designated 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 must obtain a new manifest to accompany the shipment, and the new manifest shall include all of the information required in s.
NR 664.0072 (5) (a) to
(f) or
(6) (a) to
(f) or
665.0072 (5) (a) to
(f) or
(6) (a) to
(f).
NR 663.21(3)(b)
(b) For a full load rejection that will be taken back by the transporter, a copy of the original manifest that includes the rejecting facility's signature and date attesting to the rejection, the description of the rejection in the discrepancy block of the manifest, and the name, address, phone number, and identification number for the alternate facility or generator to whom the shipment must be delivered. The transporter shall retain a copy of the manifest in accordance with s.
NR 663.22, and give a copy of the manifest containing this information to the rejecting designated facility. If the original manifest is not used, then the transporter must obtain a new manifest for the shipment and comply with s.
NR 664.0072 (5) (a) to
(f) or
665.0072 (5) (a) to
(f).
NR 663.21 History
History: CR 05-032: cr.
Register July 2006 No. 607, eff. 8-1-06;
CR 06-102: am. (2)
Register March 2007 No. 615, eff. 4-1-07;
CR 19-082: am. (1) (intro.), (2) (a), r. and recr. (2) (b) (intro.), 1., 2., cr. (2) (b) 3., (c), (d), (3)
Register August 2020 No. 776, eff. 9-1-20; correction in (2) (b) 1., (c), (3) (a), (b) made under s.
35.17, Stats.,
Register August 2020 No. 776.
NR 663.22(1)(1)
A transporter of hazardous waste shall keep a copy of the manifest signed by the generator, the transporter and the next designated transporter or the owner or operator of the designated facility for a period of 3 years from the date the hazardous waste was accepted by the initial transporter.
NR 663.22(2)
(2) For shipments delivered to the designated facility by water (bulk shipment), each water (bulk shipment) transporter shall retain a copy of the shipping paper containing all of the information required in s.
NR 663.20 (5) (b) for a period of 3 years from the date the hazardous waste was accepted by the initial transporter.
NR 663.22(3)
(3) For shipments of hazardous waste by rail within the United States, all of the following conditions shall be met:
NR 663.22(3)(a)
(a) The initial rail transporter shall keep a copy of the manifest and shipping paper with all of the information required in s.
NR 663.20 (6) (b) for a period of 3 years from the date the hazardous waste was accepted by the initial transporter.
NR 663.22(3)(b)
(b) The final rail transporter shall keep a copy of the signed manifest (or the shipping paper if signed by the designated facility in lieu of the manifest) for a period of 3 years from the date the hazardous waste was accepted by the initial transporter.
NR 663.22 Note
Note: Intermediate rail transporters are not required to keep records pursuant to these rules.
