Section 723.120  The Manifest System

 

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.

 

b)         Before transporting the hazardous waste, the transporter must sign and date the manifest acknowledging acceptance of the hazardous waste from the generator.  The transporter must return a signed copy to the generator before leaving the generator's property.

 

c)         In the case of exports occurring under the terms of a consent issued by USEPA to the exporter on or after December 31, 2016, the transporter must ensure that a movement document that includes all information required by 35 Ill. Adm. Code 722.183(d) also accompanies the hazardous waste.  In the case of imports occurring under the terms of a consent issued by USEPA to the country of export or the importer on or after December 31, 2016, the transporter must ensure that a movement document that includes all information required by  35 Ill. Adm. Code 722.184(d) also accompanies the hazardous waste.

 

d)         A transporter that delivers a hazardous waste to another transporter or to the designated facility must do the following:

 

1)         It must obtain the date of delivery and the handwritten signature of that transporter or of the owner or operator of the designated facility on the manifest;

 

2)         It must retain one copy of the manifest in accordance with Section 723.122; and

 

3)         It must give the remaining copies of the manifest to the accepting transporter or designated facility.

 

e)         Subsections (c), (d), and (f) do not apply to water (bulk shipment) transporters if all of the following are true:

 

1)         The hazardous waste is delivered by water (bulk shipment) to the designated facility;

 

2)         A shipping paper containing all the information required on the manifest (excluding the USEPA identification numbers, generator certification and signatures) accompanies the hazardous waste and, for exports or imports occurring under the terms of a consent issued by USEPA, a movement document that includes all information required by 35 Ill. Adm. Code 722.183(d) or 722.184(d) accompanies the hazardous waste;

 

3)         The delivering transporter obtains the date of delivery and handwritten signature of the owner or operator designated facility on either the manifest or the shipping paper;

 

4)         The person delivering the hazardous waste to the initial water (bulk shipment) transporter obtains the date of delivery and signature of the water (bulk shipment) transporter on the manifest and forwards it to the designated facility; and

 

5)         A copy of the shipping paper or manifest is retained by each water (bulk shipment) transporter in accordance with Section 723.122.

 

f)         For shipments involving rail transportation, the following requirements apply instead of subsections (c), (d), and (e), which do not apply:

 

1)         When accepting hazardous waste from a non-rail transporter, the initial rail transporter must do the following:

 

A)        It must sign and date the manifest acknowledging acceptance of the hazardous waste;

 

B)        It must return a signed copy of the manifest to the non-rail transporter;

 

C)        It must forward at least three copies of the manifest to the following entities:

 

i)          The next non-rail transporter, if any;

 

ii)         The designated facility, if the shipment is delivered to that facility by rail; or

 

iii)        The last rail transporter designated to handle the waste in the United States; and

 

D)        It must retain one copy of the manifest and rail shipping paper in accordance with Section 723.122.

 

2)         Rail transporters must ensure that a shipping paper containing all the information required on the manifest (excluding the USEPA identification numbers, generator certification and signatures) and, for exports or imports occurring under the terms of a consent issued by USEPA, a movement document that includes all information required by 35 Ill. Adm. Code 722.183(d) or 722.184(d) accompanies the hazardous waste at all times.

 

BOARD NOTE:  Intermediate rail transporters are not required to sign the manifest, movement document, or shipping paper.

 

3)         When delivering hazardous waste to the designated facility, a rail transporter must do the following:

 

A)        It must obtain the date of delivery and handwritten signature of the owner or operator of the designated facility on the manifest or the shipping paper (if the manifest has not been received by the facility); and

 

B)        It must retain a copy of the manifest or signed shipping paper in accordance with Section 723.122.

 

4)         When delivering hazardous waste to a non-rail transporter a rail transporter must do the following:

 

A)        It must obtain the date of delivery and the handwritten signature of the next non-rail transporter on the manifest; and

 

B)        It must retain a copy of the manifest in accordance with Section 723.122.

 

5)         Before accepting hazardous waste from a rail transporter, a non-rail transporter must sign and date the manifest and provide a copy to the rail transporter.

 

g)         Transporters that transport hazardous waste out of the United States must do the following:

 

1)         Sign and date the manifest in the International Shipments block to indicate the date that the hazardous waste left the United States;

 

2)         Retain one copy in accordance with Section 723.122(d);

 

3)         Return a signed copy of the manifest to the generator; and

 

4)         For paper manifests only, the transporter must do the following:

 

A)        Send a copy of the manifest to the e-Manifest System in accordance with the allowable methods specified in 35 Ill. Adm. Code 724.171(a)(2)(E); and

 

B)        For shipments initiated prior to December 31, 2017, when instructed by the exporter to do so, give a copy of the manifest to a U.S. Customs official at the point of departure from the United States.

 

h)         A transporter transporting hazardous waste from a generator that generates greater than 100 kg (220 lbs) but less than 1,000 kg (2,200 lbs) of hazardous waste in a calendar month need not comply with this Section or Section 723.122 provided that:

 

1)         The waste is being transported under a reclamation agreement provided for in 35 Ill. Adm. Code 722.120(e);

 

2)         The transporter records, on a log or shipping paper, the following information for each shipment:

 

A)        The name, address and USEPA Identification Number (35 Ill. Adm. Code 722.118) of the generator of the waste;

 

B)        The quantity of waste accepted;

 

C)        All shipping information required by the United States Department of Transportation;

 

D)        The date the waste is accepted; and

 

3)         The transporter carries this record when transporting waste to the reclamation facility; and

 

4)         The transporter retains these records for a period of at least three years after termination or expiration of the agreement.

 

(Source:  Amended at 44 Ill. Reg. 15331, effective September 3, 2020)