Chapter 5: When Things Don't Go Right: Generator Exception Reporting and TSDF Discrepancy Reporting, Including Rejected Shipment and Unmanifested Waste Reports
Generator Exception Reporting:
When a Generator ships hazardous waste to a TSDF, the TSDF has 10 calendar days after receiving the Generator's waste to mail the TSDF signed Manifest form back to the Generator (signed in Box 20). Since the Generator may not know exactly when the TSDF received their hazardous waste, DEC suggests contacting the TSDF two weeks from the date of waste shipment, at the latest, if the TSDF signed copy has not been received. If a Generator does not receive the TSDF signed form 14 days after they shipped the waste, they should immediately contact the TSDF to determine why the signed form has not been sent back to the Generator. While the State regulations allow for waiting longer, DEC recommends immediate contact.
If a Generator does not receive a TSDF signed Manifest form within 35 days after the date of waste shipment, the Generator MUST contact their Transporter and TSDF. Together these companies need to determine the location of the hazardous waste and the Manifest form. If a Generator does not receive a TSDF signed Manifest form within 45 days after the date of waste shipment, the Generator MUST contact the DEC.
DEC Exception Reporting Process:
After 45 days from waste shipment, if NYS DEC has not received a TSDF signed copy of a hazardous waste Manifest form or an exception letter from the Generator, NYS DEC initiates enforcement actions. NYS DEC will mail both the Generator and the TSDF a letter asking for a copy of the Manifest form that is signed by the TSDF in Box 20. Generators and TSDFs have five business days to respond. If NYS DEC does not receive a reply to our letter, further enforcement actions will occur.
TSDF Discrepancy Reporting:
Upon receiving a hazardous waste shipment accompanied by a Manifest form a TSDF must:
- review the Manifest form to ensure that all Generator and Transporter portions of the form are complete
- determine if there are any discrepancies with weight differences, piece counts or differences in types of wastes listed including ultimate handling code in Box 13, using Box 18 as required
- complete Box 19, Hazardous Waste Report Management Method Code
- sign and date the form in Box 20
- give the Transporter one copy of the Manifest form
- within 10 calendar days, mail a copy of the Manifest form to the Generator, the generator State and the destination State.
If the TSDF determines that there are discrepancies between the waste shipment and the Manifest, they must attempt to reconcile the discrepancy with the waste Generator or Transporter. If the discrepancy is not resolved within 15 days after receiving the waste, the TSDF MUST submit a letter to the generator State and the disposer State describing the discrepancy and the TSDF's attempts to reconcile it. A copy of the Manifest form must be included. The TSDF should send a copy of this to the Generator as well.
TSDF and Rejected Shipments:
If the TSDF cannot accept the waste shipment, or part of the waste shipment, they may reject the waste either back to the waste Generator or to an alternate TSDF. Please see the instructions for rejected waste loads, Box 18 in Chapter 4. It is highly recommended for the TSDF to call the Resource Management Section at (518) 402-8730 for further guidance on reporting rejected waste shipments.
TSDF Unmanifested Waste Reports:
Upon receipt of an unmanifested shipment of hazardous waste, the TSDF must determine the reason why the shipment is not accompanied by a manifest.
If the reason the shipment is unmanifested is that it originated from a conditionally exempt small quantity generator or the shipment is transported in whole or in part by a rail or water (bulk) transporter and the requirements of section 372.7 of this Title are satisfied, then the TSDF must accept the waste for treatment, storage or disposal.
If the shipment was transported in whole or in part by a rail or water (bulk) transporter and the manifest is not received by the TSDF within fifteen (15) calendar days of receipt of the shipment, the TSDF must file an unmanifested waste report with the Department within fifteen (15) calendar days of receipt of the shipment.
If the waste was not from a CESQG and was not transported in whole or in part by a rail or water (bulk) transporter and the facility is authorized to accept such waste and capacity exists, the TSDF may accept the waste for treatment, storage and disposal and must file an unmanifested waste report with the Department within ten (10) calendar days of receipt of the shipment.
Alternately, the TSDF may reject the shipment of hazardous waste, and instruct the transporter to return the hazardous waste to the generator, and must file an unmanifested waste report with the Department.
Generally, the unmanifested waste report contains all of the information that would have been on a Manifest form. Additional information includes the Transporter's license plate number, the Transporter's Part 364 permit number and a brief explanation of why the waste was not manifested.
To be sure, DEC greatly desires TSDFs to accept unmanifested waste shipments as long as they are allowed to accept the specific waste and can properly manage it. Environmentally, this is much better than sending the Transporter down the road with no destination.