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However, if the original manifest has been signed, the TSDF operator must prepare a new manifest to ship the wastes to an alternate TSDF of the generator's choice, or returned to the generator. The generator decides where to ship a hazardous waste and which transporter to use. The TSDF operator is responsible for contacting the generator to find out where to send the rejected load when no alternate TSDF is indicated on the manifest. Under the new provisions, the original and new manifests must be cross-referenced. When preparing a new manifest to accompany a rejected load: • enter the number of the original manifest in box 19 of the new manifest and • enter the new number of the manifest in box 19 of the original manifest (Health & Saf. Code, §25160.6(a)(3)). GENERATOR MANAGEMENT OF REJECTED WASTE Under the new provisions, a generator that receives its rejected wastes back is considered a "designated facility" and must comply with management standards for the rejected wastes (Health & Saf. Code, §25160.6(b)(f)) (Cal. Code Regs., Title 22, §§66260.10, 66265.71-2). They must: • Accumulate the rejected waste on site for 90 days or less (Cal. Code Regs., Title 22, §66262.34). • Label the waste in a manner that indicates that it is rejected waste and include the date it was received by the generator. • If the generator of the rejected waste commingles it with other wastes, the shorter of any applicable accumulation limits will apply to the commingled waste (Health & Saf. Code, §25160.6(d)). If a transporter consolidates shipments of waste pursuant to Health and Safety Code, Section 25160.2 and the consolidated wastes are rejected, the wastes must be held on the transport vehicle at the transporter's facility for no more than 10 days :l from the date the shipment was rejected (Health & Saf. Code, §25160.6(e)). PARTIAL REJECTION OF WASTE If a TSDF operator discovers before signing the manifest that portions of the shipment must be rejected, the TSDF operator must either: • reject the entire shipment without signing the manifest; or • reject portions of the shipment and prepare a new manifest for the portions of the shipment that were rejected. Photocopies of signed manifests cannot be used to transport hazardous wastes. NEW DEFINITION When preparing a new manifest, a TSDF that rejects all or part of a hazardous waste shipment is not the generator of the wastes, but is the "offeror" of, the rejected hazardous waste. As the "offer the TSDF is responsible for ensuring that the hazardous waste is properly prepared for shipment. The TSDF must also comply with regulations concerning manifest use, container condition and management, container packaging, labeling, marking, and placarding the rejected waste. DISCLAIMER This fact sheet provides general information regarding rejected loads. Consult the statutes and regulations before making any decision that may impact regulatory compliance. The text of the regulations and related information is available on DTSC's Web site at www.dtsc.ca.gov and in www.leginfo.ca.gov/calaw.html under Health & Safety Code, Division 20, Chapter 6.5, Article 6 and www.calregs.com/ under Title 22, Division 4.5. If the United States Environmental Protection Agency adopts regulations that preempt or are more stringent than the State's requirements for load rejections, then generators, transporters and TSDFs will be required to comply with the federal regulations. For more information, please contact DTSC's regional Public and Business Liaisons at (800) 72TOXIC (1-800-728-6942) or visit DTSC's Web site at www.dtsc.ca.gov. FS -04 -080 -HWM Lj