Frequent Questions

Who must sign the generator certification on the hazardous waste manifest? Does this person have any personal liability for the hazardous waste?

The hazardous waste manifest must be signed by the generator, but does not specify who must sign the certification if the generator is not an individual. The regulations define a generator as any person, by site, whose act or process produces hazardous waste, or whose act first causes a hazardous waste to become subject to regulation. The term person includes corporations, partnerships, and other legal entities for which some individual must sign the certification. EPA did not intend this requirement to impose personal liability on the individual who actually signs the certification (51 FR 35190, 35192; October 1, 1986). 

Additional clarification on who may sign the manifest is available in the following guidance documents: 
Memo, Springer to Sherman; November 19, 2003 (RCRA Online #14687)
 Memo, Regas to Guerry; October 11, 1988 (RCRA Online #11372
Memo, Williams to Crabtree; November 28, 1986 (RCRA Online #11199
Memo, Williams to Deaver; October 17, 1985 (RCRA Online #11108)
Memo, Skinner to Saulsman; July 11, 1985 (RCRA Online #11090
Monthly Call Center Report Question; March 1995 (RCRA Online #13739

These guidance documents are available in the RCRA Online database at the following URL:  https://yosemite.epa.gov/osw/rcra.nsf/how+to+use?OpenForm

This guidance represents clarification of the Federal regulations. Since most states are authorized to implement the Federal regulations, you should contact your state agency for information on the hazardous waste manifest certification. State web sites may be found at the following URL: 
www.epa.gov/hwgenerators/links-hazardous-waste-programs-and-us-state-environmental-agencies

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