Section 722.123  Use of the Manifest

a)         The generator must do the following:

1)         Sign the manifest certification by hand; 

2)         Obtain the handwritten signature of the initial transporter and date of acceptance on the manifest; and

3)         Retain one copy, in accordance with Section 722.140(a).

b)         The generator must give the transporter the remaining copies of the manifest.

c)         For shipments of hazardous waste within the United States solely by water (bulk shipments only), the generator must send three copies of the manifest dated and signed in accordance with this Section to the owner or operator of the designated receiving facility, if that facility is in the United States, or to the last water (bulk shipment) transporter to handle the waste in the United States, if the waste is exported by water. Copies of the manifest are not required for each transporter.

d)         For rail shipments of hazardous waste within the United States that originate at the site of generation, the generator must send at least three copies of the manifest dated and signed in accordance with this Section to the following persons:

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

2)         The designated receiving facility, if the waste is transported solely by rail; or

3)         The last rail transporter to handle the waste in the United States, if the waste is exported by rail.

BOARD NOTE:  See Section 723.120(e) and (f) for special provisions for rail or water (bulk shipment) transporters.

e)         For shipments of hazardous waste to a designated receiving facility in an authorized state that has not yet obtained authorization to regulate that particular waste as hazardous, the generator must assure that the designated receiving facility agrees to sign and return the manifest to the generator, and that any out-of-state transporter signs and forwards the manifest to the designated receiving facility.

f)         For rejected shipments of hazardous waste or container residues contained in non-empty containers that the designated facility has returned to the generator (following the procedures of 35 Ill. Adm. Code 724.172(f) or 725.172(f)), the generator must do each of the following:

1)         The generator must sign the hazardous waste manifest (USEPA Form 8700-22) as follows:

A)        Item 20 of the new manifest if a new manifest is used for the returned shipment; or

B)        Item 18c of the original manifest if the original manifest is used for the returned shipment;

2)         The generator must provide a copy of the manifest to the transporter;

3)         Within 30 days after delivery of the rejected shipment or container residues contained in non-empty containers, the generator must send a copy of the manifest to the designated facility that returned the shipment to the generator; and

4)         The generator must retain a copy of each manifest at the generator's site for at least three years from the date of delivery.

BOARD NOTE:  The use of the term "non-empty containers" in this subsection (f) derives from the language of corresponding 40 CFR 262.23(f).  "Non-empty containers", for the purposes of this subsection (f), are containers that are not deemed "empty" by the empty container rule of 35 Ill. Adm. Code 721.107.  That rule allows a container that still contains waste residues to be considered "empty" under specified conditions.  Thus, "container residues contained in non-empty containers" are subject to regulation as hazardous waste, and the requirements of this subsection (f) apply to those residues.

(Source:  Amended at 44 Ill. Reg. 15263, effective September 3, 2020)