| Requirement & Regulatory Citation |
Full Text Requirement & Regulatory
Citation |
| *STATE ONLY GENERATOR REQUIREMENTS |
*STATE ONLY
GENERATOR REQUIREMENTS |
| Did
the transporter contact the generator for instructions
or did the generator give the transporter instructions
when a facility immediately rejects all or part of a shipment
of hazardous waste or the transporter is unable to deliver
the hazardous waste to the designated facility?.[N.J.A.C.
7:26G-6.3(a)1] |
If all or
part of a shipment of hazardous waste is rejected by a
hazardous waste facility or if a transporter is unable
to deliver a shipment of hazardous waste to the designated
hazardous waste facility, the hazardous waste facility
owner or operator, the transporter, and the generator
shall comply with the following requirements: If all or
part of the shipment of hazardous waste is immediately
rejected by the hazardous waste facility or if the transporter
is unable to deliver the shipment of hazardous waste to
the designated hazardous waste facility, the transporter
shall contact the generator, who shall instruct the transporter
to return the shipment to the generator or to deliver
the shipment to an alternate hazardous waste facility.[N.J.A.C.
7:26G-6.3(a)1] |
| Did
the transporter comply with manifest requirements for
shipments of hazardous waste returned to the generator?.[N.J.A.C.
7:26G-6.3(a)1i] |
If the shipment
of hazardous waste is returned to the generator, the Manifest
shall be completed as follows: (1) In the Discrepancy
Indication space of the Manifest, the facility operator
shall indicate the reasons(s) for the rejection and that
the waste is to be returned to the generator. The facility
operator shall complete, sign and date the Certification
of Receipt (Section 20) on the Manifest; (2) The transporter
shall receive manifest copies 1, 2, 3, and 5 from the
facility operator and shall return the shipment to the
generator. The facility operator shall retain manifest
copy 4; (3) The generator, upon receiving the rejected
shipment, shall certify the return receipt (signature
and date) in the Special Handling Instructions and Additional
Information section of the Manifest; (4) The generator
shall then distribute manifest copies 1, 2, 3, and 5 as
indicated on the form, except that if the shipment was
rejected by an out-of-state facility which did not return
the manifest copies 1, 2, 3, and 5, the generator shall
notify the consignment state and the generator state of
receipt of the waste and shall provide those states with
a photocopy of the generator's manifest copy; and (5)
The generator shall arrange to dispose of the waste at
an authorized facility using another manifest in accordance
with this subchapter.[N.J.A.C. 7:26G-6.3(a)1i] |
| Did
the transporter comply with manifest requirements for
shipments of hazardous waste delivered to an alternate
hazardous waste facility?.[N.J.A.C. 7:26G-6.3(a)1ii] |
If the shipment
of hazardous waste is delivered to an alternate hazardous
waste facility, the Manifest shall be completed as follows:
(1) The designated facility operator shall indicate the
reason(s) for the rejection and that the waste is to be
shipped to an alternate facility in the Discrepancy Indication
space of the Manifest. The designated facility operator
shall complete, sign, and date the Certification of Receipt
(Section 20) on the Manifest; (2) The transporter
shall indicate the alternate facility's name, address,
EPA Identification Number, and telephone number in the
Special Handling Instruction and Additional Information
section; (3) The designated facility operator shall photocopy
the manifest and retain the copy; (4) After receipt of
the original manifest copies 1, 2, 3, 4, and 5 from the
designated facility operator, the transporter shall transport
the hazardous waste to the indicated alternate authorized
facility; (5) Upon receipt of the originally rejected
shipment, the alternate facility operator shall certify
receipt (signature and date) in Section 15 of the Manifest;
and (6) The alternate facility operator shall then distribute
manifest copies 1, 2, 3, and 5 and retain copy 4.[N.J.A.C.
7:26G-6.3(a)1ii] |
| Did
the transporter comply with manifest requirements when
a facility rejects all or part of a shipment of hazardous
waste and the manifest has been distributed by the facility?.[N.J.A.C.
7:26G-6.3(a)2] |
If a hazardous
waste facility rejects all or part of a shipment of hazardous
waste after the Manifest has been distributed
by the facility, the hazardous waste facility owner or
operator, the transporter, and the generator shall comply
with the following requirements: i. The owner or operator
of the hazardous waste facility shall describe the nature
of the rejection in Section 19 of the facility's manifest
copy; ii. The owner or operator of the hazardous waste
facility shall ship the waste to the generator with three
photocopies of the revised manifest, each copy to be signed
by the owner or operator, the transporter returning the
hazardous waste to the generator, and the generator; iii.
The generator shall retain one copy of the revised signed
manifest, return one copy to the transporter returning
the hazardous waste to the generator, and return one copy
to the owner or operator of the hazardous waste facility;
iv. The owner or operator shall notify the generator state
and the consignment state of the rejection by sending
to each state a photocopy of the revised signed manifest
copy, returned to the owner or operator by the generator
in accordance with (a)2iii above, showing that the generator
received the waste; and v. The owner or operator,
the generator, and the transporter returning the hazardous
waste to the generator shall each retain a copy of the
revised, signed manifest.[N.J.A.C. 7:26G-6.3(a)2] |
| Did
the transporter accept a hazardous waste shipment when
it is rejected by the designated facility and the waste
was mixed or commingled by the transporter?.[N.J.A.C.
7:26G-6.3(b)] |
If a shipment
of hazardous waste is rejected by a designated facility
after a transporter has mixed or commingled hazardous
waste, the transporter shall accept the return shipment
of the rejected wastes.[N.J.A.C. 7:26G-6.3(b)] |
| Did
the transporter who accepts a return shipment of rejected
waste under 7:26G-6.3(b) comply with the requirements
of 6.3(c)1 and 2?.[N.J.A.C. 7:26G-6.3(c)] |
If a transporter
accepts a return shipment of rejected wastes under (b)
above, the transporter shall: 1. Promptly place and secure
the rejected waste in a transfer facility; and 2. Make
arrangements with an authorized facility to receive and
manage the commingled waste.[N.J.A.C. 7:26G-6.3(c)] |
| *TRANSPORTER REQUIREMENTS - GENERAL |
*TRANSPORTER
REQUIREMENTS - GENERAL |
| Did
the transporter transporting hazardous wastes have an
EPA identification number?.[40 CFR 263.11] |
A transporter
must not transport hazardous wastes without having received
an EPA identification number from the Administrator.[40
CFR 263.11] |
| *MANIFESTS AND RECORDKEEPING |
*MANIFESTS
AND RECORDKEEPING |
| Did
the transporter accepting hazardous waste from a generator
ensure it is accompanied by a manifest signed in accordance
with the provisions of 40 C.F.R. 262.20?.[40 CFR 263.20(a)] |
A transporter
may not accept hazardous waste from a generator unless
it is accompanied by a manifest signed in accordance with
the provisions of 40 CFR 262.20. In the case of exports
other than those subject to subpart H of 40 CFR part 262,
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 Acknowledgement of Consent; and
unless, in addition to a manifest signed in accordance
with the provisions of 40 CFR 262.20, such waste is also
accompanied by an EPA Acknowledgement 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 subpart H of 40 CFR part 262, a transporter may not
accept hazardous waste without a tracking document that
includes all information required by 40 CFR 262.84.[40
CFR 263.20(a)] |
| Did
the transporter sign or date manifest or return a signed
copy of manifest to generator before leaving generator?s
property?.[40 CFR 263.20(b)] |
Before transporting
the hazardous waste, the transporter must sign and date
the manifest acknowledging acceptance of the hazardous
waste from the generator. The transporter must return
a signed copy to the generator before leaving the generator's
property.[40 CFR 263.20(b)] |
| Did
the transporter ensure that manifest accompanies hazardous
waste?.[40 CFR 263.20(c)] |
The transporter
must ensure that the manifest accompanies the hazardous
waste. In the case of exports, the transporter must ensure
that a copy of the EPA Acknowledgment of Consent also
accompanies the hazardous waste.[40 CFR 263.20(c)] |
| Did
the transporter obtain date of delivery and handwritten
signature of other transporter or of owner or operator
of designated facility?.[40 CFR 263.20(d)(1)] |
A transporter
who delivers a hazardous waste to another transporter
or to the designated facility must: 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.[40 CFR 263.20(d)(1)] |
| Did
the transporter give remaining copies of manifest to the
accepting transporter or designated facility?.[40 CFR
263.20(d)(3)] |
A transporter
who delivers a hazardous waste to another transporter
or to the designated facility must: Give the remaining
copies of the manifest to the accepting transporter or
designated facility.[40 CFR 263.20(d)(3)] |
| Did
the rail transporter accepting hazardous waste from non-rail
transporter sign or date manifest?.[40 CFR 263.20(f)(1)(i)] |
For shipments
involving rail transportation, the requirements of paragraphs
(c), (d) and (e) do not apply and the following requirements
do apply: When accepting hazardous waste from a non-rail
transporter, the initial rail transporter must sign and
date the manifest acknowledging acceptance of the hazardous
waste.[40 CFR 263.20(f)(1)(i)] |
| Did
the rail transporter accepting hazardous waste from non-rail
transporter return a signed copy of manifest to non-rail
transporter?.[40 CFR 263.20(f)(1)(ii)] |
For shipments
involving rail transportation, the requirements of paragraphs
(c), (d) and (e) do not apply and the following requirements
do apply: When accepting hazardous waste from a non-rail
transporter, the initial rail transporter must return
a signed copy of the manifest to the non-rail transporter.[40
CFR 263.20(f)(1)(ii)] |
| Did
the rail transporter accepting hazardous waste from non-rail
transporter forward at least 3 copies of the manifest
to next non-rail transporter, designated facility, or
last rail transporter in U.S.?.[40 CFR 263.20(f)(1)(iii)] |
For shipments
involving rail transportation, the requirements of paragraphs
(c), (d) and (e) do not apply and the following requirements
do apply: When accepting hazardous waste from a non-rail
transporter, the initial rail transporter must forward
at least three copies of the manifest to: (A) The next
non-rail 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.[40 CFR 263.20(f)(1)(iii)] |
| Did
the rail transporter ensure appropriate shipping paper
accompanies hazardous waste at all times?.[40 CFR 263.20(f)(2)] |
Rail transporters
must 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 an EPA Acknowledgment of Consent accompanies
the hazardous waste at all times.[40 CFR 263.20(f)(2)] |
| Did
the rail transporter delivering hazardous waste to designated
facility obtain date of delivery of handwritten signature
of owner or operator of designated facility?.[40 CFR 263.20(f)(3)(i)] |
When delivering
hazardous waste to the designated facility, a rail transporter
must 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).[40 CFR 263.20(f)(3)(i)] |
| Did
the rail transporter delivering hazardous waste to non-rail
transporter obtain date of delivery or handwritten signature
of non-rail transporter?.[40 CFR 263.20(f)(4)(i)] |
When delivering
hazardous waste to a non-rail transporter a rail transporter
must obtain the date of delivery and the handwritten signature
of the next non-rail transporter on the manifest.[40 CFR
263.20(f)(4)(i)] |
| Did
the non-rail transporter accepting hazardous waste from
rail transporter sign or date manifest or provide signed
copy of manifest to rail transporter?.[40 CFR 263.20(f)(5)] |
Before accepting
hazardous waste from a rail transporter, a non-rail transporter
must sign and date the manifest and provide a copy to
the rail transporter.[40 CFR 263.20(f)(5)] |
| Did
the transporter transporting waste out of U.S. comply
with requirements at 262.20(g)(1)?(4)?.[40 CFR 263.20(g)] |
Transporters
who transport hazardous waste out of the United States
must: (1) Indicate on the manifest the date the hazardous
waste left the United States; (2) Sign the manifest and
retain one copy in accordance with 263.22(c); (3) Return
a signed copy of the manifest to the generator; and (4)
Give a copy of the manifest to a U.S. Customs official
at the point of departure from the United States.[40 CFR
263.20(g)] |
| Did
the transporter deliver entire quantity to designated
facility, alternate designated facility, next designated
transporter, or place outside U.S.?.[40 CFR 263.21(a)] |
The transporter
must deliver the entire quantity of hazardous waste which
he has accepted from a generator or a transporter to:
(1) The designated facility listed on the manifest; or (2)
The alternate designated facility, if the hazardous waste
cannot be delivered to the designated facility because
an emergency prevents delivery; or (3) The next designated
transporter; or (4) The place outside the United States
designated by the generator.[40 CFR 263.21(a)] |
| Did
the transporter contact generator for instructions or
revise manifest in case of undeliverable shipment?.[40
CFR 263.21(b)] |
If the hazardous
waste cannot be delivered in accordance with paragraph
(a) of this section, the transporter must contact the
generator for further directions and must revise the manifest
according to the generator's instructions.[40 CFR 263.21(b)] |
| Did
the transporter maintain signed copy of manifest for 3
years?.[40 CFR 263.22(a)] |
A transporter
of hazardous waste must keep a copy of the manifest signed
by the generator, himself, and the next designated transporter
or the owner or operator of the designated facility for
a period of three years from the date the hazardous waste
was accepted by the initial transporter.[40 CFR 263.22(a)] |
| Did
the water (bulk shipment) transporter maintain copy of
shipping paper for 3 years?.[40 CFR 263.22(b)] |
For shipments
delivered to the designated facility by water (bulk shipment),
each water (bulk shipment) transporter must retain a copy
of the shipping paper containing all the information required
in 263.20(e)(2) for a period of three years from the date
the hazardous waste was accepted by the initial transporter.[40
CFR 263.22(b)] |
| Did
the rail transporter maintain copy of manifest and shipping
paper for 3 years?.[40 CFR 263.22(c)] |
For shipments
of hazardous waste by rail within the United States: (i)The
initial rail transporter must keep a copy of the manifest
and shipping paper with all the information required in
263.20(f)(2) for a period of three years from the date
the hazardous waste was accepted by the initial transporter;
and (ii)The final rail transporter must 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 three years from the date the hazardous waste
was accepted by the initial transporter. "NOTE: Intermediate
rail transporters are not required to keep records pursuant
to these regulations. "[40 CFR 263.22(c)] |
| Did
the transporter maintain copy of manifest indicating shipment
left U.S. for 3 years?.[40 CFR 263.22(d)] |
A transporter
who transports hazardous waste out of the United States
must keep a copy of the manifest indicating that the hazardous
waste left the United States for a period of three years
from the date the hazardous waste was accepted by the
initial transporter.[40 CFR 263.22(d)] |
| Did
the transporter maintain copy of manifest during the course
of unresolved enforcement action or as requested by the
Department?.[40 CFR 263.22(e)] |
The periods
of retention referred to in this Section are extended
automatically during the course of any unresolved enforcement
action regarding the regulated activity or as requested
by the Administrator.[40 CFR 263.22(e)] |
| *HAZARDOUS WASTE DISCHARGES |
*HAZARDOUS
WASTE DISCHARGES |
| Did
the transporter take appropriate immediate action to protect
human health and the environment from a discharge of hazardous
waste during transportation?.[40 CFR 263.30(a)] |
In the event
of a discharge of hazardous waste during transportation,
the transporter must take appropriate immediate action
to protect human health and the environment (e.g., notify
local authorities, [including the Department at 1-877-WARNDEP
(if this number is inoperable, notify the New Jersey State
Police at 609-882-2000)], dike the discharge area).[40
CFR 263.30(a)] |
| Did
the transporter who has discharged hazardous waste comply
with State and federal notice and report requirements?.[40
CFR 263.30(c)] |
An air, rail,
highway, or water transporter who has discharged hazardous
waste must: (1) Give notice, if required by 49 CFR 171.15,
to the National Response Center (800-424-8802 or 202-426-2675);
and (2) Report in writing as required by 49 CFR 171.16
to the Regional Administrator, Office of Hazardous Materials
Regulations, Materials Transportation Bureau, Department
of Transportation, Washington, DC 20590.[40 CFR 263.30(c)] |
| Did
the transporter clean up the discharge and take action
as may be required or approved?.[40 CFR 263.31] |
A transporter
must clean up any hazardous waste discharge that occurs
during transportation or take such action as may be required
or approved by Federal, State, or local officials so that
the hazardous waste discharge no longer presents a hazard
to human health or the environment.[40 CFR 263.31] |
| *STATE ONLY TRANSPORTER REQUIREMENTS |
*STATE ONLY
TRANSPORTER REQUIREMENTS |
| Did
the transporter obtain hazardous waste transporter registration
prior to operation?.[N.J.A.C. 7:26G-7.2(a)1] |
Prior to
operation, a hazardous waste transporter shall obtain
an approved registration statement from the Department.[N.J.A.C.
7:26G-7.2(a)1] |
| Did
the transporter renew registration prior to October 1
of each year?.[N.J.A.C. 7:26G-7.2(a)5] |
Every hazardous
waste approved registration statement issued by the Department
shall indicate on its face an annual renewal/expiration
date, which, unless otherwise established by the Department,
shall be September 30. The approved registration statement
shall expire on the renewal date unless renewed pursuant
to this paragraph. Prior to October 1 in each calendar
year or such other date as the Department may establish,
each registrant shall submit to the Department a registration
statement updating the information contained in the previous
registration statement. Such information shall be submitted
on forms supplied by the Department. Transporters who
are also the owner or operator of one or more hazardous
waste transfer facilities shall include on the registration
statement renewal the addresses of all such facilities
and an indication whether each property, where the transfer
facility is to be located, is owned or leased by the transporter.
For any leased property, a copy of the written lease.
In no case shall the submission of an updated registration
statement alter the conditions under which the approved
registration statement was granted.[N.J.A.C. 7:26G-7.2(a)5] |
| Did
the transporter notify Department of change of information
on registration?.[N.J.A.C. 7:26G-7.2(a)7] |
Except for
information regarding the operation of hazardous waste
transfer facilities, a registrant shall notify the Department
in writing within 30 days of change of information supplied
on the current registration statement, or on any leases
submitted for registered hazardous waste vehicles (hazardous
waste cab and transport unit individually if detachable),
or on any documentation of employment of the operators
of leased equipment submitted pursuant to (a)11 below.
Written notifications regarding transfer facilities shall
occur prior to operations and include the following information:
the address of each such facilities and an indication
whether each property, where the transfer facility is
to be located, is owned or leased by the transporter.
For any leased property, a copy of the written lease.[N.J.A.C.
7:26G-7.2(a)7] |
| Did
the transporter ensure each and every device used for
the transportation of hazardous waste is registered with
the Department?.[N.J.A.C. 7:26G-7.2(b)1] |
Any device
used for the transportation of hazardous waste shall be
registered with the Department as a hazardous waste vehicle
(hazardous waste cab and transport unit individually if
detachable).[N.J.A.C. 7:26G-7.2(b)1] |
| Did
the transporter prevent registered vehicle from being
used by another transporter?.[N.J.A.C. 7:26G-7.2(b)2] |
A registrant
shall not allow, through a subcontract or any other means,
any such registered equipment to be used, controlled or
possessed by another person, unless such person is an
employee of the applicant or registrant.[N.J.A.C. 7:26G-7.2(b)2] |
| Did
the transporter engaged in transportation of hazardous
waste during period when decals and registration were
withheld pursuant to 7:26G-7.2(b)?.[N.J.A.C. 7:26G-7.2(b)4] |
No person
shall engage in or continue to engage in the transportation
of hazardous waste during the period when a hazardous
waste decal and registration certificate are withheld
pursuant to this subsection.[N.J.A.C. 7:26G-7.2(b)4] |
| Did
the transporter properly display registration decal or
have copy of lease available for inspection?.[N.J.A.C.
7:26G-7.2(b)6] |
All hazardous
waste vehicles (the hazardous waste cab and transport
unit individually if detachable) used in the transporting
of hazardous waste shall properly and conspicuously display,
on both sides of the vehicle, a current New Jersey hazardous
waste decal and the New Jersey Department of Environmental
Protection (NJDEP) registration number. The NJDEP registration
number shall be in letters and numbers at least three
inches in height. Current hazardous waste decals must
be permanently affixed to each hazardous waste vehicle
(the hazardous waste cab and transport unit individually
if detachable) prior to use on a public roadway or highway
and prior to the hazardous waste vehicle (the hazardous
waste cab and transport unit individually if detachable)
being placed into service or before receiving waste.[N.J.A.C.
7:26G-7.2(b)6] |
| Did
the transporter comply with the Hazardous Materials Transportation
Regulations at 49 C.F.R. Parts 171?180?.[N.J.A.C. 7:26G-7.3(a)1] |
All hazardous
waste transporters shall comply with the following United
States Department of Transportation (USDOT) regulations,
with all the modifications that the New Jersey Department
of Transportation has made in incorporating them into
N.J.A.C. 16:49-2.1, and that the New Jersey State Police
has made in incorporating them into N.J.A.C. 13:60-1.1:
The Hazardous Materials Regulations at 49 C.F.R. Parts
171 through 180, as amended and supplemented[N.J.A.C.
7:26G-7.3(a)1] |
| Did
the transporter comply with the Motor Carrier Safety Regulations
at 49 C.F.R. Parts 390 ? 397?.[N.J.A.C. 7:26G-7.3(a)2] |
All hazardous
waste transporters shall comply with the following United
States Department of Transportation (USDOT) regulations,
with all the modifications that the New Jersey Department
of Transportation has made in incorporating them into
N.J.A.C. 16:49-2.1, and that the New Jersey State Police
has made in incorporating them into N.J.A.C. 13:60-1.1:
The Motor Carrier Safety Regulations at 49 C.F.R. Parts
390 through 397, as amended and supplemented.[N.J.A.C.
7:26G-7.3(a)2] |
| Was
the Department allowed to enter and inspect any vehicle
transporting hazardous waste?.[N.J.A.C. 7:26G-7.3(b)] |
The Department
shall exercise fully its authority to enter and inspect
vehicles transporting or registered to transport hazardous
waste, while in operation on the highways of this State
or areas incidental thereto, or at the premise or places
of business of the owner or leaser of such vehicles.[N.J.A.C.
7:26G-7.3(b)] |
| *LAND DISPOSAL RESTRICTIONS - GENERAL |
*LAND DISPOSAL
RESTRICTIONS - GENERAL |
| Did
the transporter ensure that a restricted waste is not
in any way diluted as a substitute for treatment?.[40
CFR 268.3(a)] |
Except as
provided in paragraph (b) of this section, no generator,
transporter, handler, or owner or operator of a treatment,
storage, or disposal facility shall in any way dilute
a restricted waste or the residual from treatment of a
restricted waste as a substitute for adequate treatment
to achieve compliance with subpart D of this part, to
circumvent the effective date of a prohibition in subpart
C of this part, to otherwise avoid a prohibition in subpart
C of this part, or to circumvent a land disposal prohibition
imposed by RCRA section 3004.[40 CFR 268.3(a)] |
