35 Ill. Adm. Code 722.123
Use of the Manifest
Section 722
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.