Subchapter B. COMPLIANCE WITH THE MANIFEST
SYSTEM AND RECORDKEEPING

§ 263a.20. Manifest system.

 Relative to the requirements incorporated by reference, the substitution of terms in §  260a.3 (relating to terminology and citations related to Federal regulations) does not apply in 40 CFR 263.20 (relating to manifest system), as incorporated by reference into this chapter.

   The provisions of this §  263a.20 amended under sections 105, 402 and 501 of the Solid Waste Management Act (35 P. S. § §  6018.105, 6018.402 and 6018.501); sections 303 and 305(e)(2) of the Hazardous Sites Cleanup Act (35 P. S. § §  6020.303 and 6020.305(e)(2)); section 5, 402 and 501 of The Clean Streams Law (35 P. S. § §  691.5, 691.402 and 691.501); and section 1920-A of The Administrative Code of 1929 (71 P. S. § §  510-20).

   The provisions of this §  263a.20 amended December 13, 2002, effective December 14, 2002, 32 Pa.B. 6102; amended January 9, 2009, effective January 10, 2009, 39 Pa.B. 201. Immediately preceding text appears at serial pages (294500) to (294501).

 (a)  A fee is assessed on hazardous waste transportation to or from a location within this Commonwealth which requires a manifest under §  263a.20, 40 CFR 263.20 and 40 CFR 263.21 (relating to the manifest system; and compliance with the manifest). Each of the following are considered a separate transportation activity, subject to assessment of a fee:

   (1)  Transport to a location within this Commonwealth from a location out-of-State.

   (2)  Transport from a location within this Commonwealth to a location out-of-State.

   (3)  Transport from one location to another within this Commonwealth.

 (b)  A hazardous waste transportation fee will not be assessed for:

   (1)  Onsite shipments of hazardous waste.

   (2)  Hazardous waste shipments through this Commonwealth not originating from, or destined for, a location within this Commonwealth.

   (3)  Shipments of hazardous waste derived from the cleanup of a site under the Hazardous Sites Cleanup Act (35 P. S. § §  6020.101—6020.1305), the Comprehensive Environmental Response Compensation and Liability Act of 1980 (P. L. 96-510, 94 Stat. 2767), known as the Federal Superfund Act (42 U.S.C.A. § §  9601—9675), Title II of the Solid Waste Disposal Act (42 U.S.C.A. § §  6901—6987) or the act.

 (c)  A transporter delivering a shipment of hazardous waste to a designated facility or recycler in this Commonwealth shall pay the transportation fees. If a shipment is destined for a location outside this Commonwealth, the transportation fee will be paid by the transporter that accepts the hazardous waste from a Commonwealth generator or other hazardous waste management location within this Commonwealth.

 (d)  A transporter shall remit to the Department hazardous waste transportation fees due for each quarter, accompanied by the forms required by §  263a.24 (relating to documentation of hazardous waste transporter fee submission).

 (e)  Payment of the fees, accompanied by the completed forms required by §  263a.24, shall be postmarked or received by the Department by the 20th day of the month following the quarter ending the last day of March, June, September and December of each year. If the submission deadline falls on a weekend or State holiday, the report shall be postmarked or received on or before the next business day after the 20th.

 (f)  Payment shall be by check or money order, payable to ‘‘The Hazardous Sites Cleanup Fund,’’ and forwarded with the accompanying forms to the Department at the address specified on the form. Alternative payment methods may be accepted with prior written approval of the Department.

 (g)  Fees shall be calculated based on standard tons. For purposes of this section:

   (1)  A standard ton equals 2,000 pounds.

   (2)  A metric ton is converted to a standard ton by dividing the metric ton by a factor of 0.91.

   (3)  Liquid wastes shall be converted to tons as follows:

     (i)   Standard measure gallons are converted to tons using a factor of 8 pounds per gallon.

     (ii)   Liters are converted to tons using a factor of 2.1 pounds per liter.

   (4)  Cubic yards and cubic meters are converted to standard tons using a factor of 1 ton per each of these units, or part thereof.

 (h)  Fees are based on the quantities listed on the manifest by the treatment, storage or disposal facility (TSD) or, when not specified by the TSD, as provided by the generator.

 (a)  A transporter receiving or delivering hazardous waste to or from a site in this Commonwealth shall submit specific information to the Department to document that the amount of fees submitted under §  263a.23 (relating to hazardous waste transportation fee) is accurate. This information shall be provided on forms provided or approved by the Department.

   (1)  A transporter who has transported hazardous waste during a quarter shall submit completed forms ER-WM-55G and ER-WM-55H, or their successor documents, with the appropriate fees.

   (2)  A transporter who has not transported hazardous waste during a quarter shall submit only form ER-WM-55G.

 (b)  The required forms shall be completed by the transporter in conformance with instructions provided.

 (c)  A transporter shall, upon request from the Department, provide additional information or documentation regarding its hazardous waste transportation activities necessary for the Department to assess the accuracy of the information contained on the required forms and the amount of fees due.

   The provisions of this §  263a.24 amended December 13, 2002, effective December 14, 2002, 32 Pa.B. 6102. Immediately preceding text appears at serial pages (254903) to (254904).

   The provisions of this §  263a.26 amended December 13, 2002, effective December 14, 2002, 32 Pa.B. 6102; reserved January 9, 2009, effective January 10, 2009, 39 Pa.B. 201. Immediately preceding text appears at serial page (294504).