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TITLE 35: ENVIRONMENTAL PROTECTION
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SUBTITLE G: WASTE DISPOSAL
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CHAPTER I: POLLUTION CONTROL BOARD
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SUBCHAPTER c: HAZARDOUS WASTE OPERATING REQUIREMENTS
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PART 723
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STANDARDS APPLICABLE TO
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TRANSPORTERS OF HAZARDOUS WASTE
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SUBPART A: GENERAL
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12 Section
13 723.110 Scope
14 723.111 USEPA Identification Number
15 723.112 Transfer
Facility Requirements
16 723.113 Electronic
Reporting
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SUBPART B: COMPLIANCE WITH THE MANIFEST
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SYSTEM AND RECORDKEEPING
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21 Section
22 723.120 The Manifest System
23 723.121 Compliance
with the Manifest
24 723.122 Recordkeeping
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SUBPART C: HAZARDOUS WASTE DISCHARGES
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28 Section
29 723.130 Immediate
Action
30 723.131 Discharge Cleanup
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32 AUTHORITY: Implementing Section 7.2 and 22.4 and authorized by Section 27 of the
33 Environmental
Protection Act [415 ILCS 5/7.2, 22.4 and 27].
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35 SOURCE:
Adopted in R81-22 at 5 Ill. Reg. 9781, effective May 17, 1982; amended and
36 codified
in R81-22 at 6 Ill. Reg. 4828, effective May 17, 1982; amended in R84-9, at 9 Ill. Reg.
37 11961,
effective July 24, 1985; amended in R86-19, at 10 Ill. Reg. 20718, effective December 2,
38 1986;
amended in R86-46 at 11 Ill. Reg. 13570, effective August 4, 1987; amended in R87-5 at
39 11
Ill. Reg. 19412, effective November 12, 1987; amended in R95-6 at 19 Ill. Reg. 9945,
40 effective
June 27, 1995; amended in R96-10/R97-3/R97-5 at 22 Ill. Reg. 589, effective
41 December
16, 1997; amended in R97-21/R98-3/R98-5 at 22 Ill. Reg. 17965, effective September
42 28,
1998; amended in R06-5/R06-6/R06-7 at 30 Ill. Reg. 3180, effective February 23, 2006;
The following
manifest requirements apply until September 5, 2006:
A) A
transporter may not accept hazardous waste from a generator
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the provisions of 35 Ill. Adm. Code 722.120. In the case of
exports other than those subject to Subpart H of 35 Ill. Adm. Code
722, a transporter may not accept such waste from a primary
exporter or other person:
If the transporter knows the shipment does not conform
with the USEPA Acknowledgement of C
in 35 Ill. Adm. Code 722.151); and
Unless, in addition to a manifest signed in accordance with
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shipment by rail, is attached to the manifest (or shipping
paper for exports by water (bulk shipment)).
B) For
exports of hazardous waste subject to Subpart H of 35 Ill.
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socument that includes all information required
by 35 Ill. Adm. Code 722.184.
equiremcnts apply effective September 5, 2006:
1A) Manifest requirement. A transporter may not accept hazardous waste
from a generator unless the transporter is also provided with a manifest
signed in accordance with the provisions of 35 Ill. Adm. Code 723.123.
JCAR350723-0805216r01
43 amended
in R06-16/R06-17/R06-18 at 31 Ill. Reg. 881, effective December 20, 2006; amended
4544 in
R07-5/R07-14 at 32 Ill. Reg.
, effective
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SUBPART B: COMPLIANCE WITH THE MANIFEST
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SYSTEM AND RECORDKEEPING
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Section 723.120 The Manifest System
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51 a) No
acceptance without a manifest.
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2B) Exports.
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Ai) In
the case of exports other than those subject to Subpart H of 35
Ill. Adm. Code 722, a transporter may not accept such waste from
a primary exporter or other person if the transporter knows that the
shipment does not conform to the USEPA Acknowledgement of
Consent; and unless, in addition to a manifest signed by the
generator as provided in this Section, the transporter must also be
provided with a USEPA Acknowledgement of Consent that,
except for shipment by rail, is attached to the manifest (or shipping
paper for exports by water (bulk shipment)).
Bii) For
exports of hazardous waste subject to Subpart H of 35 Ill.
Adm. Code 722, a transporter may not accept hazardous waste
without a tracking document that includes all information required
by 35 Ill. Adm. Code 722.184.
263.20(a) (2005), effective September 5, 2006. The Board omitted 40 CFR
I
rovision merely stated the September 5, 2006
effective date for the newer manifest requirements.
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transporting the hazardous waste, the transporter must sign and date the
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manifest acknowledging acceptance of the hazardous waste from the generator.
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The transporter must return a signed copy to the generator before leaving the
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generator's property.
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111 c) The
transporter must ensure that the manifest accompanies the hazardous waste.
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In the case of exports, the transporter must ensure that a copy of the USEPA
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Acknowledgement of Consent also accompanies the hazardous waste.
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115 d) A
transporter that delivers a hazardous waste to another transporter or to the
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designated facility must do the following:
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1) It
must obtain the date of delivery and the handwritten signature of that
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transporter or of the owner or operator of the designated facility on the
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manifest;
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2) It
must retain one copy of the manifest in accordance with Section
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723.122; and
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3) It
must give the remaining copies of the manifest to the accepting
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transporter or designated facility.
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128 e) Subsections
(c), (d), and (f) do not apply to water (bulk shipment) transporters if
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all of the following are true:
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1) The
hazardous waste is delivered by water (bulk shipment) to the
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designated facility;
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2) A
shipping paper containing all the information required on the manifest
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(excluding the USEPA identification numbers, generator certification and
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signatures) accompanies the hazardous waste and, for exports, a USEPA
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Acknowledgement of Consent accompanies the hazardous waste;
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3) The
delivering transporter obtains the date of delivery and handwritten
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signature of the owner or operator designated facility on either the
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manifest or the shipping paper;
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4) The
person delivering the hazardous waste to the initial water (bulk
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shipment) transporter obtains the date of delivery and signature of the
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water (bulk shipment) transporter on the manifest and forwards it to the
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designated facility; and
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5) A
copy of the shipping paper or manifest is retained by each water (bulk
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shipment) transporter in accordance with Section 723.122.
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151 f) For
shipments involving rail transportation, the following requirements apply
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instead of subsections (c), (d), and (e), which do not apply:
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1) When
accepting hazardous waste from a non-rail transporter, the initial
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rail transporter must do the following:
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A) It
must sign and date the manifest acknowledging acceptance of
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the hazardous waste;
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B) It
must return a signed copy of the manifest to the non-rail
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transporter;
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C) It
must forward at least three copies of the manifest to the
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following entities:
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i) The
next non-rail transporter, if any;
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ii) The
designated facility, if the shipment is delivered to that
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facility by rail; or
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iii) The
last rail transporter designated to handle the waste in
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the United States;
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D) It
must retain one copy of the manifest and rail shipping paper in
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accordance with Section 723.122.
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2) Rail
transporters must ensure that a shipping paper containing all the
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information required on the manifest (excluding the USEPA identification
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numbers, generator certification and signatures) and, for exports, a
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USEPA Acknowledgement of Consent accompanies the hazardous waste
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at all times.
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BOARD NOTE: Intermediate rail transporters are not required to sign
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either the manifest or shipping paper.
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3) When
delivering hazardous waste to the designated facility, a rail
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transporter must do the following:
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A) It
must obtain the date of delivery and handwritten signature of the
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owner or operator of the designated facility on the manifest or the
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shipping paper (if the manifest has not been received by the
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facility); and
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B) It
must retain a copy of the manifest or signed shipping paper in
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accordance with Section 723.122.
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4) When
delivering hazardous waste to a non-rail transporter a rail
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transporter must do the following:
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A) It
must obtain the date of delivery and the handwritten signature of
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the next non-rail transporter on the manifest; and
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B) It
must retain a copy of the manifest in accordance with Section
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723.122.
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5) Before
accepting hazardous waste from a rail transporter, a non-rail
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transporter must sign and date the manifest and provide a copy to the rail
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transporter.
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210 g) Transporters
that transport hazardous waste out of the United States must do the
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following:
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-1-) Until
September 5-,-2-006•
723.122(c);
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the-poifit--ef-departure from the United States.
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A) Indicate
on the manifest the date the hazardous waste left the
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United States;
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C)
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2) Effective
September 5, 2006:
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1A) Sign
and date the manifest in the International Shipments block to indicate
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the date that the hazardous waste left the United States;
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29) Retain
one copy in accordance with Section 723.122(d);
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3€) Return
a signed copy of the manifest to the generator; and
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4D)
Give
a copy of the manifest to a U.S. Customs official at the point of
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departure from the United States.
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BOARD NOTE: Subsections (g)(1)(A) through (g)(1)(B) correspencl-with-4
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feeiting-the effective dates, based on 10 CFR 263.20(a)(3) (2005).
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243 h) A
transporter transporting hazardous waste from a generator that generates greater
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than 100 kilograms but less than 1,000 kilograms of hazardous waste in a calendar
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month need not comply with this Section or Section 723.122 provided that:
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1) The
waste is being transported pursuant to a reclamation agreement
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provided for in 35 Ill. Adm. Code 722.120(e);
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2) The
transporter records, on a log or shipping paper, the following
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information for each shipment:
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A) The
name, address and USEPA Identification Number (35 Ill.
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Adm. Code 722.112) of the generator of the waste;
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B) The
quantity of waste accepted;
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C) All
shipping information required by the United States Department
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of Transportation;
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D) The
date the waste is accepted; and
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3) The
transporter carries this record when transporting waste to the
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reclamation facility; and
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4) The transporter retains these records for a period of at least three years after
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termination or expiration of the agreement.
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270269 (Source:
Amended at 32 Ill. Reg.
, effective
271 Section 723.121 Compliance with the Manifest
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273 a) The
transporter must deliver the entire quantity of hazardous waste which he has
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accepted from a generator or a transporter to:
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1) The
designated facility listed on the manifest; or
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2) The
alternate designated facility, if the hazardous waste cannot be
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delivered to the designated facility because an emergency prevents
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delivery; or
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3) The next designated transporter; or
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4) The
place outside the United States designated by the generator.
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of the hazardous waste.
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Until September 5, 2006, if the hazardous waste cannot be delivered in
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accordance with subsection (a) of this Section, the transporter must
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nstructions.
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2) Effective
September 5, 2006.
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1A) If the hazardous waste cannot be delivered in accordance with subsection
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(a) of this Section because of an emergency condition other than rejection
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of the waste by the designated facility, then the transporter must contact
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the generator for further directions and must revise the manifest according
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to the generator's instructions.
Ai) For
a partial load rejection or for regulated quantities of container
residues: a copy of the original manifest that includes the facility's
date and signature, the manifest tracking number of the new
manifest that will accompany the shipment, and a description of the
partial rejection or container residue in the discrepancy block of the
original manifest. The transporter must retain a copy of this
manifest in accordance with Section 723.122 and give the
remaining copies of the original manifest to the rejecting
designated facility. If the transporter is forwarding the rejected
part of the shipment or a regulated container residue to an alternate
facility or returning it to the generator, the transporter must obtain a
new manifest to accompany the shipment, and the new manifest
must include all of the information required in 35 Ill. Adm. Code
724.172(e)(1) through (e)(6) or (f)(1) through (f)(6) or
725.172(e)(1) through (e)(6) or (f)(1) through
(f)(6)724.172(b)(5)(A)
through (b)(5)(F) or (b)(6)(A) through
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or (b)(6)(A) through (b)(6)(F).
For a full load rejection that will be taken back by the transporter:
a copy of the original manifest that includes the rejecting facility's
signature and date attesting to the rejection, the description of the
rejection in the discrepancy block of the manifest, and the name,
address, phone number, and USEPA identification number for the
alternate facility or generator to whom the shipment must be
delivered. The transporter must retain a copy of the manifest in
accordance with Section 723.122, and give a copy of the manifest
containing this information to the rejecting designated facility. If
the original manifest is not used, then the transporter must obtain a
new manifest for the shipment and comply with 35 Ill. Adm. Code
724.172(e)(1) through (e)(6) or (f)(1) through (f)(6)
724.172(b)(5)(A) through (b)(5)(F) or (b)(6)(A) through (b)(6)(F)
or 725.172(e)(1) through (e)(6) or (f)(1) through (f)(6)35 Ill. Adm.
Code 724.172(b)(5)(A) through (b)(5)
(b)(6)(F).
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2B) If
hazardous waste is rejected by the designated facility while the
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transporter is on the premises of the designated facility, then the
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transporter must obtain the following, as appropriate:
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Bii)
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BOARD NOTE: Subsection (b)(1) is derived from /10 CFR 263.21(b) (2004),
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effective until September 5, 2006. Subsection (b)(2) is derived from 40 CFR
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263.21(b) (2005), effective September 5, 2006.
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345 (Source:
Amended at 32 Ill. Reg.
, effective
