26.13.10.23

.23 Standards for Destination Facilities.

A. Applicability.

(1) The owner or operator of a destination facility as defined in COMAR 26.13.01.03B is subject to all applicable requirements of COMAR 26.13.05—26.13.10, and the notification requirement under §3010 of RCRA.

(2) The owner or operator of a destination facility that recycles a particular universal waste without storing that universal waste before it is recycled, shall comply with COMAR 26.13.02.06C(2).

B. Off-Site Shipments.

(1) The owner or operator of a destination facility may not send or take universal waste to a place other than a universal waste handler, another destination facility, or a destination outside the United States.

(2) Rejection of Shipments.

(a) The owner or operator of a destination facility may reject a shipment containing universal waste, or a portion of a shipment containing universal waste.

(b) If the owner or operator of a destination facility rejects a shipment or a portion of a shipment, the owner or operator shall:

(i) Contact the shipper to notify the shipper of the rejection and to discuss reshipment of the load; and

(ii) Either send the shipment back to the original shipper or, if agreed to by both the shipper and the owner or operator of the destination facility, send the shipment to another destination facility.

(3) If the owner or operator of a destination facility receives a shipment containing hazardous waste that is not a universal waste, and the facility does not have a permit to accept that hazardous waste, the owner or operator of the destination facility shall:

(a) Immediately notify the Department of the illegal shipment;

(b) Provide, as part of the notification required by §B(3)(a) of this regulation, the name, address, and phone number of the shipper; and

(c) Obtain instructions for managing the hazardous waste from the Department and manage the waste in accordance with those instructions.

(4) If the owner or operator of a destination facility receives a shipment of nonhazardous, nonuniversal waste, the owner or operator may manage the waste in any way that is in compliance with applicable federal, State, and local solid waste regulations.

C. Tracking Universal Waste Shipments.

(1) Receipt of Shipments.

(a) The owner or operator of a destination facility shall keep a record of each shipment of universal waste received at the facility.

(b) The record required by §C(1)(a) of this regulation may be a log, invoice, manifest, bill of lading, or other shipping document.

(c) The owner or operator of a destination facility shall ensure that the record required by §C(1)(a) of this regulation includes the following information:

(i) The name and address of the universal waste handler, destination facility, or shipper outside the United States from whom the universal waste was sent;

(ii) The quantity of each type of universal waste, such as batteries and thermostats, received; and

(iii) The date of receipt of the shipment of universal waste.

(2) Record Retention. The owner or operator of a destination facility shall retain the records required by §C(1) of this regulation for a given shipment of universal waste for at least 3 years from the date of receipt of the shipment of universal waste.