SECTION 334.498. Shipping Requirements Applicable to Transporters of Petroleum-Substance Waste

(a) No transporter shall ship petroleum-substance waste to an off-site storage, treatment, or disposal facility, unless the transporter:

(1) obtains a manifest initiated by the generator in accordance with §334.496 of this title (relating to Shipping Procedures Applicable to Generators of Petroleum-Substance Waste); and

(2) upon receipt and prior to shipment, signs and dates the manifest acknowledging the acceptance of waste from the generator where appropriate.

(b) The transporter shall ensure that the manifest accompanies the petroleum-substance waste.

(c) No transporter shall deliver a shipment of petroleum-substance waste to another transporter designated on the manifest, unless the delivering transporter:

(1) obtains the date of delivery and the handwritten signature of the accepting transporter on the manifest; and

(2) gives the legible copies of the manifest to the accepting transporter.

(d) No transporter shall deliver a shipment of petroleum-substance waste to a storage, treatment, or disposal facility, unless the transporter:

(1) obtains the date of delivery and the handwritten signature on the manifest of the owner or operator of the facility designated on the manifest; and

(2) gives the copies of the manifest to the owner or operator of the storage, treatment, or disposal facility designated on the manifest.

(e) The transporter shall deliver the entire quantity of petroleum-substance waste which the transporter has accepted from a generator or a transporter to:

(1) the designated facility listed on the manifest;

(2) the alternate designated facility if the waste cannot be delivered to the designated facility because an emergency prevents delivery; or

(3) the next designated transporter.

(f) If the transporter cannot deliver the waste in accordance with subsection (e) of this section, the transporter shall immediately contact the generator for further directions and shall revise the manifest according to the generator's instructions.

Source Note: The provisions of this §334.498 adopted to be effective December 27, 1996, 21 TexReg 12177.