35 Ill. Adm. Code 722.124
Use of the Electronic Manifest
Section 722.124 Use of the Electronic Manifest
a) Legal
Equivalence to Paper Manifests. E-Manifests that are obtained, completed, and
transmitted in accordance with Section 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 35 Ill. Adm. Code 720 through 728 to
obtain, complete, sign, provide, use, or retain a manifest.
1) Any
requirement in 35 Ill. Adm. Code 721 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 Section 722.125.
2) Any
requirement in 35 Ill. Adm. Code 721 through 728 to give, provide, send, forward,
or return to another person a copy of the manifest is satisfied when an
e-Manifest is transmitted to the other person by submission to the e-Manifest
System.
3) Any
requirement in any provision of 35 Ill. Adm. Code 721 through 728 for a
generator to keep or retain a copy of each manifest is satisfied by retention
of a signed e-Manifest in the generator's account on the national e-Manifest
System, provided that such copies are readily available for viewing and
production if requested by any USEPA or authorized Agency inspector.
4) No
generator may be held liable for the inability to produce an e-Manifest for
inspection under this Section if the generator can demonstrate that the
inability to produce the e-Manifest is due exclusively to a technical
difficulty with the e-Manifest System for which the generator bears no
responsibility.
BOARD NOTE: The Board has
rendered the language "and requirement in these regulations" in
corresponding 35 Ill. Adm. Code 722.124(a) and (a)(1) through (a)(3) as "any
requirement in any provision of 35 Ill. Adm. Code 720 through 728" in the
appropriate segments of this subsection (a). The Board intends that use of the
e-Manifest System have the same effect in Illinois as it would where the
federal requirements directly apply.
b) A
generator may participate in the e-Manifest System either by accessing the
e-Manifest System from its own electronic equipment, or by accessing the
e-Manifest System from portable equipment brought to the generator's site by
the transporter who accepts the hazardous waste shipment from the generator for
off-site transportation.
c) Restriction
on Use of e-Manifests. A generator may use an e-Manifest for the tracking of
waste shipments involving any hazardous waste only if it is known at the time
the manifest is originated that all waste handlers named on the manifest
participate in the use of the electronic manifest, except that a generator may
sign by hand and retain a paper copy of the manifest signed by hand by the
initial transporter, in lieu of executing the generator copy electronically,
thereby enabling the transporter and subsequent waste handlers to execute the
remainder of the manifest copies electronically.
d) Requirement
for One Printed Copy. To the extent the hazardous materials regulation on
shipping papers for carriage by public highway requires shippers of hazardous
materials to supply a paper document for compliance with 49 CFR 177.817,
incorporated by reference in 35 Ill. Adm. Code 720.111, a generator originating
an e-Manifest must also provide the initial transporter with one printed copy
of the e-Manifest.
e) Special
Procedures When e-Manifest Is Unavailable. If a generator has prepared an
e-Manifest for a hazardous waste shipment, but the e-Manifest System becomes
unavailable for any reason prior to the time that the initial transporter has
signed electronically to acknowledge the receipt of the hazardous waste from
the generator, the generator must obtain and complete a paper manifest and if
necessary, a continuation sheet (USEPA Forms 8700-22 and 8700-22A) in
accordance with the manifest instructions, and use these paper forms from this
point forward in accordance with the requirements of Section 722.123.
f) Special
Procedures for Electronic Signature Methods Undergoing Tests. If a generator
has prepared an e-Manifest for a hazardous waste shipment, and 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, the generator must also sign with an ink
signature the generator or offeror certification on the printed copy of the
manifest provided under subsection (d).
g) This subsection
(g) corresponds with 40 CFR 262.24(g), which USEPA has removed and marked
"reserved". This statement maintains consistency with the
corresponding federal rules.
h)
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 generator
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.