NR 662.024(1)(b)(b) Any requirement in these regulations to give, provide, send, forward, or return to another person a copy of the manifest is satisfied when an electronic manifest is transmitted to the other person by submission to the system.

NR 662.024(1)(c)(c) Any requirement in these regulations for a generator to keep or retain a copy of each manifest is satisfied by retention of a signed electronic manifest in the generator’s account on the national e-manifest system, provided that the copies are readily available for viewing and production if requested by the department.

NR 662.024(1)(d)(d) A generator is not in violation of s. NR 662.040 (1) for the inability to produce an electronic manifest for inspection under this section if the generator can demonstrate that the inability to produce the electronic manifest is due exclusively to a technical difficulty with the electronic manifest system for which the generator bears no responsibility.

NR 662.024(2)(2) Participation in the electronic manifest system. A generator may participate in the electronic manifest system either by accessing the electronic manifest system from its own electronic equipment, or by accessing the electronic manifest system from portable equipment brought to the generator’s site by the transporter who accepts the hazardous waste shipment from the generator for off-site transportation.

NR 662.024(3)(3) Restriction on use of electronic manifests. A generator may use an electronic manifest for the tracking of waste shipments involving any RCRA hazardous waste only if it is known at the time the manifest is originated that all waste handlers named on the manifest participate in the use of the electronic manifest, except that:

NR 662.024(3)(a)(a) A generator may sign by hand and retain a paper copy of the manifest signed by hand by the initial transporter, in lieu of executing the generator copy electronically, thereby enabling the transporter and subsequent waste handlers to execute the remainder of the manifest copies electronically.

NR 662.024(4)(4) Requirement for one printed copy. To the extent the hazardous materials regulation on shipping papers for carriage by public highway requires shippers of hazardous materials to supply a paper document for compliance with 49 CFR 177.817, a generator originating an electronic manifest shall also provide the initial transporter with one printed copy of the electronic manifest.

NR 662.024(5)(5) Special procedures when electronic manifest is unavailable. If a generator has prepared an electronic manifest for a hazardous waste shipment, but the electronic manifest system becomes unavailable for any reason prior to the time that the initial transporter has signed electronically to acknowledge the receipt of the hazardous waste from the generator, then the generator must obtain and complete a paper manifest and if necessary, a continuation sheet, EPA Forms 8700-22 and 8700-22A, in accordance with the manifest instructions, and use these paper forms from this point forward in accordance with the requirements specified in s. NR 662.023.

NR 662.024(6)(6) Special procedures for electronic signature methods undergoing tests. If a generator has prepared an electronic manifest for a hazardous waste shipment, and 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 generator shall also sign with an ink signature the generator/offeror certification on the printed copy of the manifest provided under sub. (4).

NR 662.024(8)(8) 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 named on the manifest. A generator may participate electronically in the post-receipt data corrections process by following the process described in s. NR 664.0071 (9), which applies to corrections made to either paper or electronic manifest records.

NR 662.025NR 662.025 Electronic manifest signatures. Electronic signature methods for the e-manifest system shall meet all of the following requirements:

NR 662.025(1)(1) Be a legally valid and enforceable signature under applicable EPA and other federal requirements pertaining to electronic signatures.

NR 662.025(2)(2) Be a method that is designed and implemented in a manner that EPA considers to be as cost-effective and practical as possible for the users of the manifest.

NR 662.027NR 662.027 Waste minimization certification. A generator that initiates a shipment of hazardous waste shall certify in Item 15 of the uniform hazardous waste manifest to one of the following statements:

NR 662.027(1)(1) “I am a large quantity generator. I have a program in place to reduce the volume and toxicity of waste generated to the degree I have determined to be economically practicable and I have selected the practicable method of treatment, storage, or disposal currently available to me which minimizes the present and future threat to human health and the environment.”

NR 662.027(2)(2) “I am a small quantity generator. I have made a good faith effort to minimize my waste generation and select the best waste management method that is available to me and that I can afford.”

NR 662.030NR 662.030 Packaging. Before transporting hazardous waste or offering hazardous waste for transportation off-site, a generator shall package the waste in accordance with the applicable department of transportation regulations on packaging under 49 CFR parts 173, 178, and 179.

NR 662.031NR 662.031 Labeling. Before transporting or offering hazardous waste for transportation off-site, a generator shall label each package in accordance with the applicable department of transportation regulations on hazardous materials under 49 CFR part 172.

NR 662.031 HistoryHistory: CR 19-082: cr. Register August 2020 No. 776, eff. 9-1-20; correction made under s. 35.17, Stats., Register August 2020 No. 776.

NR 662.032(1)(1) Before transporting or offering hazardous waste for transportation off-site, a generator shall mark each package of hazardous waste in accordance with the applicable department of transportation regulations on hazardous materials under 49 CFR part 172.

NR 662.032(2)(2) Before transporting hazardous waste or offering hazardous waste for transportation off-site, a generator shall mark each container of 119 gallons or less used in such transportation with the information in accordance with the requirements of 49 CFR 172.304 and all of the following words:

NR 662.032(2)(a)(a) HAZARDOUS WASTE—Federal Law Prohibits Improper Disposal. If found, contact the nearest police or public safety authority or the U.S. Environmental Protection Agency.