[Code of Federal Regulations]
[Title 40, Volume 23]
[Revised as of July 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR262.20]

[Page 162-163]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 262--STANDARDS APPLICABLE TO GENERATORS OF HAZARDOUS WASTE--Table of Contents
 
                         Subpart B--The Manifest
 
Sec. 262.20  General requirements.


    (a) A generator who transports, or offers for transportation, 
hazardous waste for offsite treatment, storage, or disposal must prepare 
a Manifest OMB control number 2050-0039 on EPA form 8700-22, and, if 
necessary, EPA form 8700-22A, according to the instructions included in 
the appendix to part 262.
    (b) A generator must designate on the manifest one facility which is 
permitted to handle the waste described on the manifest.
    (c) A generator may also designate on the manifest one alternate 
facility which is permitted to handle his waste in the event an 
emergency prevents delivery of the waste to the primary designated 
facility.
    (d) If the transporter is unable to deliver the hazardous waste to 
the designated facility or the alternate facility, the generator must 
either designate another facility or instruct the transporter to return 
the waste.
    (e) The requirements of this subpart do not apply to hazardous waste 
produced by generators of greater than 100 kg but less than 1000 kg in a 
calendar month where:
    (1) The waste is reclaimed under a contractual agreement pursuant to 
which:
    (i) The type of waste and frequency of shipments are specified in 
the agreement;
    (ii) The vehicle used to transport the waste to the recycling 
facility and to deliver regenerated material back to the generator is 
owned and operated by the reclaimer of the waste; and

[[Page 163]]

    (2) The generator maintains a copy of the reclamation agreement in 
his files for a period of at least three years after termination or 
expiration of the agreement.
    (f) The requirements of this subpart and Sec. 262.32(b) do not apply to 
the transport of hazardous wastes on a public or private right-of-way 
within or along the border of contiguous property under the control of 
the same person, even if such contiguous property is divided by a public 
or private right-of-way. Notwithstanding 40 CFR 263.10(a), the generator 
or transporter must comply with the requirements for transporters set 
forth in 40 CFR 263.30 and 263.31 in the event of a discharge of 
hazardous waste on a public or private right-of-way.

[45 FR 33142, May 19, 1980, as amended at 49 FR 10500, Mar. 20, 1984; 51 
FR 10175, Mar. 24, 1986; 53 FR 45090, Nov. 8, 1988; 62 FR 6651, Feb. 12, 
1997]