Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 723 - STANDARDS APPLICABLE TO TRANSPORTERS OF HAZARDOUS WASTE › Subpart B - COMPLIANCE WITH THE MANIFEST SYSTEM AND RECORDKEEPING › Section 723.120 - The Manifest System

Current through Register Vol. 48, No. 28, July 12, 2024
a) No
				Acceptance Without a Manifest
1) Manifest
				Requirement. A transporter may not accept hazardous waste from a generator
				unless the transporter is also provided with a manifest form (USEPA Form
				8700-22, and if necessary, USEPA Form 8700-22A) signed in accordance with the
				provisions of 35 Ill. Adm. Code 723.123, or is provided with an e-Manifest that
				is obtained, completed, and transmitted in accordance with 35 Ill. Adm. Code
				722.120(a)(3)
				and signed with a valid and enforceable electronic signature as described in 35
				Ill. Adm. Code
				722.125.
2) Exports. For exports of hazardous waste
				subject to Subpart H of 35 Ill. Adm. Code 722, a transporter may not accept
				hazardous waste without a manifest signed by the generator in accordance with
				this Section, as appropriate, and for exports occurring under the terms of a
				consent issued by USEPA on or after December 31, 2016, a movement document that
				includes all information required by 35 Ill. Adm. Code
				722.183(d).
3) This subsection (a)(3) corresponds with
				40 CFR
				263.20(a)(3), an
				applicability statement that became obsolete for the purposes of the Illinois
				rules on September 6, 2006. This statement maintains structural parity with the
				corresponding federal regulations.
4) Use of e-Manifest - Legal Equivalence to
				Paper Forms for Participating Transporters. E-Manifests that are obtained,
				completed, and transmitted in accordance with 35 Ill. Adm. Code
				722.120(a)(3),
				and used in accordance with this Section in lieu of USEPA Forms 8700-22 and
				8700-22A, are the legal equivalent of paper manifest forms bearing handwritten
				signatures, and satisfy for all purposes any requirement in these regulations
				to obtain, complete, sign, carry, provide, give, use, or retain a manifest.
A) Any requirement in 35 Ill. Adm. Code 720
				through 728 to sign a manifest or manifest certification by hand, or to obtain
				a handwritten signature, is satisfied by signing with or obtaining a valid and
				enforceable electronic signature within the meaning of 35 Ill. Adm. Code
				722.125.
B) Any requirement in 35
				Ill. Adm. Code 720 through 728 to give, provide, send, forward, or return to
				another person a copy of the manifest is satisfied when a copy of an e-Manifest
				is transmitted to the other person by submission to the e-Manifest
				System.
C) Any requirement in 35
				Ill. Adm. Code 720 through 728 for a manifest to accompany a hazardous waste
				shipment is satisfied when a copy of an e-Manifest is accessible during
				transportation and forwarded to the person or persons who are scheduled to
				receive delivery of the waste shipment, except that, to the extent that the
				hazardous materials regulation on shipping papers for carriage by public
				highway requires transporters of hazardous materials to carry a paper document
				to comply with
				49 CFR 177.817,
				incorporated by reference in 35 Ill. Adm. Code
				720.111, a hazardous
				waste transporter must carry one printed copy of the e-Manifest on the
				transport vehicle.
D) Any
				requirement in 35 Ill. Adm. Code 720 through 728 for a transporter to keep or
				retain a copy of a manifest is satisfied by the retention of an e-Manifest in
				the transporter's account on the e-Manifest System, provided that such copies
				are readily available for viewing and production if requested by any USEPA or
				authorized state inspector.
E) No
				transporter may be held liable for the inability to produce an e-Manifest for
				inspection under this Section if that transporter can demonstrate that the
				inability to produce the e-Manifest is exclusively due to a technical
				difficulty with the USEPA e-Manifest System for which the transporter bears no
				responsibility.
BOARD NOTE: The Board has rendered the language "any
				  requirement in these regulations" in corresponding
				  40 CFR 263.20(a)(4)(i) through
				  (a)(4)(iv) as "any requirement in any
				  provision of 35 Ill. Adm. Code 720 through 728" in the appropriate segments of
				  this subsection (a)(4).
5) A transporter may participate in the
				e-Manifest System either by accessing the e-Manifest System from the
				transporter's own electronic equipment, or by accessing the e-Manifest System
				from the equipment provided by a participating generator, by another
				transporter, or by a designated facility.
6) Special Procedures When e-Manifest Is Not
				Available. If after a manifest has been originated electronically and signed
				electronically by the initial transporter, and the e-Manifest System should
				become unavailable for any reason, then the following requirements apply:
A) The transporter in possession of the
				hazardous waste when the e-Manifest becomes unavailable must reproduce
				sufficient copies of the printed manifest that is carried on the transport
				vehicle under subsection (a)(4)(C) or obtain and complete another paper
				manifest for this purpose. The transporter must reproduce sufficient copies to
				provide the transporter and all subsequent waste handlers with a copy for their
				files, plus two additional copies that will be delivered to the designated
				facility with the hazardous waste.
B) On each printed copy, the transporter must
				include a notation in the Special Handling and Additional Description space
				(Item 14) that the paper manifest is a replacement manifest for a manifest
				originated in the e-Manifest System, must include (if not pre-printed on the
				replacement manifest) the manifest tracking number of the e-Manifest that is
				replaced by the paper manifest, and must also include a brief explanation why
				the e-Manifest was not available for completing the tracking of the shipment
				electronically.
C) A transporter
				signing a replacement manifest to acknowledge receipt of the hazardous waste
				must ensure that each paper copy is individually signed and that a legible
				handwritten signature appears on each copy.
D) From the point at which the e-Manifest is
				no longer available for tracking the waste shipment, the paper replacement
				manifest copies must be carried, signed, retained as records, and given to a
				subsequent transporter or to the designated facility, following the
				instructions, procedures, and requirements that apply to the use of all other
				paper manifests.
7)
				Special Procedures for Electronic Signature Methods Undergoing Tests. If a
				transporter using an e-Manifest signs this manifest electronically using an
				electronic signature method that is undergoing pilot or demonstration tests
				aimed at demonstrating the practicality or legal dependability of the signature
				method, then the transporter must sign the e-Manifest electronically and also
				sign with an ink signature the transporter acknowledgement of receipt of
				materials on the printed copy of the manifest that is carried on the vehicle in
				accordance with subsection (a)(4)(C)(i). This printed copy bearing the
				generator's and transporter's ink signatures must also be presented by the
				transporter to the designated facility to sign in ink to indicate the receipt
				of the waste materials or to indicate discrepancies. After the owner or
				operator of the designated facility has signed this printed manifest copy with
				its ink signature, the printed manifest copy must be delivered to the
				designated facility with the waste materials.
8) This subsection (a)(8) corresponds with
				40 CFR
				263.20(a)(8), which USEPA
				has removed and marked "reserved". This statement maintains consistency with
				the corresponding federal rules.
9)
				Post-Receipt Manifest Data Corrections. After a facility has certified to the
				receipt of hazardous wastes by signing Item 20 of the manifest, any
				post-receipt data corrections may be submitted at any time by any interested
				person (e.g., waste handler) named on the manifest. A transporter may
				participate electronically in the post-receipt data corrections process by
				following the process described in 35 Ill. Adm. Code
				724.171(l),
				which applies to corrections made to either paper or electronic manifest
				records.