WAC 173-303-250   Dangerous waste acceptance, transport, and delivery.  (1) A transporter must not accept dangerous waste from a generator unless it is accompanied by a manifest signed by the generator in accordance with WAC 173-303-180, Manifest.

     In the case of exports other than those subject to 40 CFR subpart H part 262 (which is incorporated by reference at WAC 173-303-230(1)), a transporter may not accept such waste from a primary exporter or other person if he knows the shipment does not conform to the EPA Acknowledgment of Consent; and unless, in addition to a manifest signed in accordance with the provisions of WAC 173-303-180, such waste is also accompanied by an EPA Acknowledgment of Consent which, except for shipment by rail, is attached to the manifest (or shipping paper for exports by water (bulk shipment)). For exports of hazardous waste subject to the requirements of 40 CFR subpart H part 262, a transporter may not accept hazardous waste without a tracking document that includes all information required by 40 CFR 262.84.

     (2) Before transporting a dangerous waste shipment, the transporter must sign and date the manifest, acknowledging acceptance of the dangerous waste. The transporter shall return a signed copy to the generator before commencing transport.

     (3) The transporter must insure that the manifest accompanies the dangerous waste shipment.

     (4) A transporter who delivers a dangerous waste to another transporter, or to the designated facility must:

     (a) Obtain the date of delivery and the handwritten signature of that transporter or designated facility owner/operator on the manifest;

     (b) Retain one copy of the manifest in accordance with WAC 173-303-260, Transporter recordkeeping; and

     (c) Give the remaining copies of the manifest to the accepting transporter or designated facility.

     (5) The transporter must deliver the entire quantity of dangerous waste which he has accepted from a generator or a transporter to:

     (a) The designated facility listed on the manifest; or

     (b) The alternate designated facility, if the dangerous waste cannot be delivered to the designated facility because an emergency prevents delivery; or

     (c) The next designated transporter; or

     (d) The place outside the United States designated by the generator.

     (6) If the dangerous waste cannot be delivered in accordance with subsection (5) of this section, the transporter must contact the generator for further directions, and must revise the manifest according to the generator's instructions.

     (7) The requirements of subsections (3), (4), and (8) of this section do not apply to water (bulk shipment) transporters if:

     (a) The dangerous waste is delivered by water (bulk shipment) to the designated facility;

     (b) A shipping paper containing all the information required on the manifest (excluding the EPA/state identification numbers, generator certification, and signatures) accompanies the dangerous waste;

     (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;

     (d) The person delivering the dangerous 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; and

     (e) A copy of the shipping paper or manifest is retained by each water (bulk shipment) transporter in accordance with WAC 173-303-260(2).

     (8) For shipments involving rail transportation, the requirements of subsections (3), (4), and (7) of this section do not apply and the following requirements do apply.

     (a) When accepting dangerous waste from a nonrail transporter, the initial rail transporter must:

     (i) Sign and date the manifest acknowledging acceptance of the dangerous waste;

     (ii) Return a signed copy of the manifest to the nonrail transporter;

     (iii) Forward at least three copies of the manifest to:

     (A) The next nonrail transporter, if any; or

     (B) The designated facility, if the shipment is delivered to that facility by rail; or

     (C) The last rail transporter designated to handle the waste in the United States;

     (iv) Retain one copy of the manifest and rail shipping paper in accordance with WAC 173-303-260(2).

     (b) Rail transporters must ensure that a shipping paper containing all the information required on the manifest (excluding the EPA/state identification numbers, generator certification, and signatures) accompanies the dangerous waste at all times.

     (c) When delivering dangerous waste to the designated facility, a rail transporter must:

     (i) 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); and

     (ii) Retain a copy of the manifest or signed shipping paper in accordance with WAC 173-303-260(2).

     (d) When delivering dangerous waste to a nonrail transporter a rail transporter must:

     (i) Obtain the date of delivery and the handwritten signature of the next nonrail transporter on the manifest; and

     (ii) Retain a copy of the manifest in accordance with WAC 173-303-260(2).

     (e) Before accepting dangerous waste from a rail transporter, a nonrail transporter must sign and date the manifest and provide a copy to the rail transporter.

     (9) Transporters who transport dangerous waste out of the United States must:

     (a) Indicate on the manifest the date the dangerous waste left the United States;

     (b) Sign the manifest and retain one copy in accordance with WAC 173-303-260(3), Transporter recordkeeping; and

     (c) Return a signed copy of the manifest to the generator.



[Statutory Authority: Chapters 70.105, 70.105D, and 15.54 RCW and RCW 70.105.007. 04-24-065 (Order 03-10), § 173-303-250, filed 11/30/04, effective 1/1/05. Statutory Authority: Chapters 70.105 and 70.105D RCW. 95-22-008 (Order 94-30), § 173-303-250, filed 10/19/95, effective 11/19/95. Statutory Authority: Chapter 70.105 RCW. 84-09-088 (Order DE 83-36), § 173-303-250, filed 4/18/84. Statutory Authority: Chapter 70.105 RCW and RCW 70.95.260. 82-05-023 (Order DE 81-33), § 173-303-250, filed 2/10/82. Formerly WAC 173-302-220 and 173-302-230.]