Must a manifest be used to transport hazardous waste via public highway when remaining within a single CERCLA area of contamination (AOC)?
Sometimes a manifest is required and other times it is not. Per 40 CFR 262.20(a), ” A generator who transports, or offers for transportation, hazardous waste for offsite treatment, storage, or disposal must prepare a manifest.” However an exemption from manifesting is provided in 40 CFR 262.20 (f) for “tranport of hazardous waste on a public or private right-of-way within or along the border of contiguous property under the control of the same person, even if such contiguous property is divided by a public or private right-of-way.” So the answer to the question depends upon whether this is considered onsite or offsite transportation within the context of RCRA. RCRA and CERCLA define “onsite” differently. RCRA defines onsite as, “the same or geographically contiguous property which may be divided by public or private right-of-way provided the entrance and exit between the properties is at a cross-roads intersection, and access is by crossing as opposed to going along, the right of way.
