§ 236.535. Broker requirements.
(a) No broker may receive waste from a generator, carrier or broker unless that waste is accompanied by a complete and valid manifest.
(b) The broker receiving waste shall:
(1) Sign and date each copy of the manifest to certify that the waste was received.
(2) Note in the manifest discrepancies between materials listed on the manifest and materials received. The broker shall also attempt to resolve discrepancies with the generator, carrier or broker. If the broker is unable to resolve the discrepancies within 15 days of receiving the waste, he shall notify the Department in writing, and include a copy of the manifest with the letter.
(3) Give the carrier delivering the waste a copy of the signed manifest.
(4) Notify the generator that the waste has been received.
(5) Obtain the handwritten signature of the next carrier as designated on the manifest and date of acceptance.
(6) Retain a copy of the manifest with documentation of acknowledgment of receipt as a record of transfer for a period of 3 years.
(7) Forward a copy of the manifest to the disposal facility and another copy to the Department.
(8) Give the carrier the remaining copies of the manifest.
(9) Retain the copies of the manifest signed by the person receiving the waste from him for a period of 3 years.
(10) Conduct an investigation under § 236.537 (relating to nonacknowledgment), for a shipment or part of a shipment for which acknowledgment of receipt has not been received within the time set forth in § 236.537.
(c) If the broker repackages, processes, incinerates, solidifies, treats, evaporates or performs another process which results in the generation of a new waste or waste form, the broker shall comply with the generator requirements of § 236.533 (relating to generator requirements), including preparation and implementation of a quality assurance/quality control program, waste preparation and preparation of a new manifest. If the broker consolidates prepackaged waste into one shipment but does not generate a new waste or waste form, he may prepare a new manifest under § 236.533, or he may combine the several manifests of the consolidated shipments.
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