Managing Hazardous Waste

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Consolidated Transporter Fact Sheet

August 2007*

Introduction

The Department of Toxic Substances Control (DTSC) has developed this fact sheet to provide hazardous waste transporters with information regarding consolidated manifesting. The provisions of SB 271 took effect as of January 1, 2002 and are covered in California Health and Safety Code section 25160.2.

Consolidated manifesting, formerly known as modified manifesting or milk running, allows certain registered hazardous waste transporters to combine specified wastes from multiple eligible generators on a single manifest, rather than using a separate manifest from each generator. To use the procedures, the transporter must notify DTSC and limit consolidation to the hazardous wastes specified in California Health and Safety Code, section 25160.2(c). The generators using the consolidated manifesting procedure are exempt from filling out a hazardous waste manifest. The consolidated transporter completes both the generator and the transporter section of the manifest. Consolidated manifesting does not authorize a hazardous waste transporter to commingle different types of hazardous wastes into the same tank or container.

Consolidated manifesting requires all generators participating in this procedure to obtain identification numbers regardless of their size, except for generators of less than 100 kilograms per month of “silver-only” hazardous wastes. Transporters using consolidated manifesting are required to report detailed information from each receipt on a quarterly basis to DTSC.

Definitions

  • Consolidated Manifest: A hazardous waste manifest used by a milk run or consolidated transporter to combine hazardous wastes shipments from multiple generators on one consolidated manifest pursuant to the procedures in California Health and Safety Code, Section 25160.2 and Section 25110.9.3.
  • Consolidated Transporter: A hazardous waste transporter, registered pursuant to California Health and Safety Code, Section 25165 and the regulations adopted by the department, who has notified the department pursuant to California Health and Safety Code, Section 25165, of its intent to use the consolidated manifesting procedures set forth in California Health and Safety Code, Section 25160.2. and Section 25110.10.1.
  • Generator: Any person, by site, whose act or process produces hazardous wastes or whose act first causes a hazardous waste to become subject to regulation. California Code of Regulations, title 22 Section 66260.10.
  • Identification Number: The number applied for and assigned to all handlers of hazardous wastes. California Code of Regulations, title 22 Section 66260.10.
  • Resource Conservation and Recovery Act (RCRA): The federal statute that regulates generators, transporters, and facilities that treat, store or dispose of hazardous waste. All RCRA hazardous wastes are identified in Part 261 of Title 40 of the Code of Federal Regulations and its appendices, and California Code of Regulations, title 22, Section 66261.1.
  • Non-RCRA Hazardous Wastes: Hazardous wastes regulated in the State of California. A hazardous waste is presumed to be RCRA (federally regulated) hazardous waste, unless it is determined pursuant to California Code of Regulations, title 22, Section 66261.101 that it is a non-RCRA hazardous waste and California Code of Regulations, title 22, Section 66260.10.
  • Silver-Only: Wastes that are hazardous solely due to the presence of silver. California Health and Safety Code, Section 25143.13.

Requirements

Requirements described in this fact sheet only apply to consolidated transporters. For complete hazardous waste transporter requirements, please refer to the fact sheet entitled Hazardous Waste Transporter Requirements.

Consolidated Transporter Eligibility

A transporter who has notified DTSC using the Consolidated Transporter Notification Form (DTSC Form 1299) of his or her intent to operate under the consolidated manifesting procedure must keep a copy of the DTSC signed acknowledgement form as a supplement to the registration certificate and carry a copy of it in each vehicle.

Eligible Waste Streams

The consolidated manifesting procedure may be used only for the following waste streams listed in California Health and Safety Code, Section 25160.2(c):

Note: Letters in parentheses reflect the codes for each waste stream identified in the Consolidated Transporter Notification Form (DTSC Form 1299).

  • Used oil (A);
  • Contents of an oil/water separator (B);
  • Solids contaminated with used oil (C);
  • Brake fluid (D);
  • Antifreeze (E);
  • Antifreeze sludge (F);
  • Parts cleaning solvents, including aqueous cleaning solvents (G);
  • Hydroxide sludge contaminated solely with metals from a wastewater treatment process (H);
  • Paint-related wastes, including paints, thinners, filters and sludge (I);
  • Spent photographic solutions (J);
  • Dry cleaning solvents including perchloro-ethylene, naphtha, and silicone-based solvents (K);
  • Filters, lint and sludge contaminated with dry cleaning solvent (L);
  • Asbestos and asbestos-containing materials (M);
  • Inks from the printing industry (N);
  • Chemicals and laboratory packs collected from K-12 schools (O);
  • Absorbents contaminated with wastes on this list (P); and
  • Filters from dispensing pumps for diesel and gasoline fuels (Q).

Consolidated Manifesting Procedures

Customer Eligibility: Consolidated transporters must not accept any of the wastes specified in California Health and Safety Code, Section 25160.2(c) unless the generator has met all of the eligibility requirements to use consolidated manifesting.

For complete eligibility rules, please refer to the Consolidated Manifesting, Hazardous Waste Generator Requirements fact sheet.

Manifest: Both the generator and the transporter section of the manifest must be completed by the consolidated transporter using the transporter’s name, identification number, and telephone number. The driver must sign and date the generator and transporter sections of the manifest. Both sections must be completed before commencing each day’s collections. California Health and Safety Code Section 25160.2(b) (2).

When the Manifest is Completed: The total volume or quantity of each waste stream and units of measure must be entered on the manifest (without the use of decimals or fractions) at the change of each date, change of driver, or change of transport vehicle. California Health and Safety Code Section 25160.2(b)(5)

Submitting Copies: The transporter must submit the manifest to the designated facility. The transporter must not leave the facility without receiving two copies signed by an authorized facility representative. California Health and Safety Code Section 25160.2(b) (8).

Rejected Loads: When a consolidated shipment is rejected by an offsite hazardous waste facility, the consolidated transporter may hold that shipment for no more than 10 days from the date the shipment is rejected. California Health and Safety Code Section 25160.6(e).

Receipts: Legible receipts for each quantity of hazardous wastes received from the generator must be attached to the front of the manifest. A copy of the receipt must be left with the generator of the hazardous wastes. Please refer to California Health and Safety Code, section 25160.2 for information required on the receipt. California Health and Safety Code Section 25160.2(b) (3) & (4).
Treatment Agreement. For certain waste streams, the transporter must agree in writing to confirm to the generator that the hazardous wastes were transported to an authorized facility for appropriate treatment. That agreement may be included on the receipt or a separate document. California Health and Safety Code Section 25160.2(c)(2)(C)(i).

The treatment requirement does not apply to asbestos, asbestos-containing materials, chemicals and laboratory packs collected from K-12 schools, or any other waste streams for which DTSC determines there is no reasonably available treatment methodology or facility. California Health and Safety Code Section 25160.2(c)(2)(C)(ii).

Reclamation Agreement: In order to transport RCRA hazardous wastes from a generator who generates more than 100 kilograms but less than 1,000 kilograms per calendar month of RCRA hazardous wastes without a separate manifest, there must be a reclamation agreement between the generator and the reclaimer of the waste, who must also be the transporter. The following conditions must be met:

  1. The type of waste and frequency of shipments are specified in the agreement;
  2. The vehicle used to transport the waste to the authorized facility and to deliver regenerated material back to the generator is owned and operated by the reclaimer of the waste; and
  3. The generator maintains a copy of the reclamation agreement in his or her files for a period of at least three years after termination or expiration of the agreement.

A reclaimer nullifies his or her reclamation agreement with a generator if the hazardous wastes are transferred to another vehicle not owned and operated by the reclaimer. The generator is not allowed to use consolidated manifesting if any of the conditions governing reclamation agreements are not met. [40 Code of Federal Regulations Section 262.20(e)]

Transporter Quarterly Reports – TQRs

Deadline: Consolidated transporters are required to submit quarterly reports (TQRs). California Health and Safety Code Section 25160.2(d).

Further guidance on submittal of TQRs can be found in the Consolidated Manifesting Procedure, Transporter Quarterly Report.

Format: Transporters who use the consolidated manifesting procedure are required to report all TQRs in electronic form. Those transporters who manifest less than 1,000 tons (2 million pounds) per calendar year may apply to DTSC to submit reports in a paper format. California Health and Safety Code Section 25160.2(d)(1).

Recordkeeping

Out of State Facilities: The consolidated transporter, acting as the generator, must submit a copy to DTSC of the manifest signed by the authorized facility. California Health and Safety Code Section 25160.2(b)(9).

Blue Copies: As of September 5, 2006, because there is a new, universally used federal manifest, there are no blue copies of the manifest. The consolidated transporter should submit the Generator’s Initial or equivalent copy of the manifest to DTSC within 30 days of each shipment. California Health and Safety Code Section 25160.2(b)(6).

Exemption: The Generator’s Initial or equivalent copy of the manifest is not required to be submitted to DTSC if the generator, transporter, and authorized facility are all identified as the same company on the manifest and:

  1. All three identification numbers (generator, transporter and authorized facility) used on the hazardous waste manifest are the same. California Health and Safety Code Section 25160(b)(5)(A)]; or
  2. When a company uses multiple identification numbers, all of the company’s identification numbers that will be used with the consolidated manifesting procedure are included on the Consolidated Transporter Notification Form. California Health and Safety Code Section 25160(b)(5)(A).

Three-Year Retention: The consolidated transporter must retain a copy of all manifests and all receipts for each manifest for three years at a location within the State. The retention period is extended automatically during the course of any unresolved enforcement action or if requested by DTSC or a Certified Unified Program Agency. California Health and Safety Code Section 25160.2(b)(7).

Fees

Identification Number: DTSC assesses an annual verification fee on hazardous waste handlers, including transporters that require an identification number issued by DTSC or by the United States Environmental Protection Agency (U.S. EPA). As of 2006, if they have 50 or more employees, the fee starts at $150. California Health and Safety Code Section 25205.16(a).

Manifest Fees: DTSC assesses a fee of $7.50 for each manifest used, except for manifests used solely for recycled wastes. California Health and Safety Code Section 25205.15(c) and 25205.15(c)(3)(A).

DTSC may assess a reprocessing fee of $20 for each improperly completed manifest that is returned to the person who completed the manifest, for correction. California Health and Safety Code Section 25160.5.

Questions

For consolidated manifesting or general transporter-related questions, please email the DTSC Transportation Staff at transporter@dtsc.ca.gov. For questions regarding submittal of the TQRs, please send an email to: TQR@dtsc.ca.gov.

All other questions should be directed to the regional Regulatory Assistance Officer near you by calling (800) 72-TOXIC, or by calling the numbers shown below:

  • Sacramento Office (800) 618-6942
  • Cypress Office (714) 484-5400
  • Berkeley Office (510) 540-3739
  • Glendale Office (818) 551-2830

In addition, information is posted on DTSC’s website.

You can view Senate Bill 271 via the web, or obtain a copy by calling the Senate Bill Room at (916) 445-2323.

*Disclaimer

This fact sheet does not replace or supersede relevant statutes and regulations. The information contained in this fact sheet is based upon the statutes and regulations in effect as of the date of the fact sheet. Interested parties should keep apprised of subsequent changes to relevant statutes and regulations.