TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE G: WASTE DISPOSAL
CHAPTER I: POLLUTION CONTROL BOARD
SUBCHAPTER c: HAZARDOUS WASTE OPERATING REQUIREMENTS
PART 723
STANDARDS APPLICABLE TO
TRANSPORTERS OF HAZARDOUS WASTE
SUBPART A: GENERAL
Section
?
723.110?
Scope
?
723.111
?
USEPA Identification Number
?
723.112?
Transfer Facility Requirements
?
723.113
?
Electronic Reporting
SUBPART B: COMPLIANCE WITH THE MANIFEST
SYSTEM AND RECORDKEEPING
Section
?
723.120?
The Manifest System
?
723.121?
Compliance with the Manifest
?
723.122?
Recordkeeping
SUBPART C: HAZARDOUS WASTE DISCHARGES
Section
?
723.130
?
Immediate Action
?
723.131
?
Discharge Cleanup
AUTHORITY: Implementing Section 7.2 and 22.4 and authorized by Section 27 of
the Environmental Protection Act [415 ILCS 5/7.2, 22.4 and 27].
SOURCE: Adopted in R81-22 at 5 Ill. Reg. 9781, effective May 17, 1982; amended
and codified in R81-22 at 6 Ill. Reg. 4828, effective May 17, 1982; amended in
R84-9, at 9 Ill. Reg. 11961, effective July 24, 1985; amended in R86-19, at 10
Ill. Reg. 20718, effective December 2, 1986; amended in R86-46 at 11 Ill. Reg.
13570, effective August 4, 1987; amended in R87-5 at 11 Ill. Reg. 19412,
effective November 12, 1987; amended in R95-6 at 19 Ill. Reg. 9945, effective
June 27, 1995; amended in R96-10/R97-3/R97-5 at 22 Ill. Reg. 589, effective
December 16, 1997; amended in R97-21/R98-3/R98-5 at 22 Ill. Reg. 17965,
effective September 28, 1998; amended in R06-5/R06-6/R06-7 at 30 Ill. Reg. 3180,
effective February 23, 2006; amended in R06-16/R06-17/R06-18 at 31 M. Reg.
881, effective December 20, 2006; amended in R07-5/R07-14 at 32 Ill. Reg.
—, effective
SUBPART B: COMPLIANCE WITH THE MANIFEST
SYSTEM AND RECORDKEEPING
Section 723.120
?
The Manifest System
a)
?
No acceptance without a manifest.
rcquircmcnts apply until Setat--5-,--2-9-0-6-:-
A)
?
A transporter may not accept hazardous waste from a gcncrator unless it is
othcr than those subject to Subpart II
et--8-5 111. Adm. Codc 722, a transporter may not accept such waste from a primary
exporter or othcr person:
If the transporter knows—the----hipment does not conform with the USEPA
ii)
?
Unlc„,s, in addition to a manifest signed in acc rdancc with 35 Ill. Adm.
Consent that, except for shipment by rail, is attached to the manifest (or
5)
?
Fer—cxpe-rts of hazardous waste subject to Subpart II of 35 Ill. Adm. Codc
that includes all information required by 35 Ill. Adm. Code 722.184.
?
2)?
The following manifest requirements apply effective Sept. 5, 200G:
Al) 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.
?
142)
?
Exports.
4-AA) 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)).
ii5B) 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.
BOARD NOTE:
ubsection (a)(1) corresponds with 40 CFR 2G3.20(a) (2004),
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)
The transporter must ensure that the manifest accompanies the hazardous
waste. In the case of exports, the transporter must ensure that a copy of the
USEPA Acknowledgement of Consent 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, a USEPA
Acknowledgement of Consent 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;
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, a USEPA
Acknowledgement of Consent accompanies the hazardous waste at all times.
BOARD NOTE: Intermediate rail transporters are not required to sign either the
manifest 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)
?
Until .ept.
A)
Indicate on the manifest the date the hazardous waste left the United
Ctates;
B)
723.122(c);
opy in accordance with Section
C)
Return a signed copy of the manifes
D)
Give a copy of the manifest to a United States Customs official at the
point of departure from the United States.
2)
?
Effective Sept. 5, 2006:
Al)
?
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);
03)?
Return a signed copy of the manifest to the generator; and
D4)?
Give a copy of the manifest to a U.S. Customs official at the point of
departure from the United States.
BOARD NOTE: Subsections (g)(1)(A) through (g
263.20(g) (2004).
?
ubccctionc (g)(2)(A) through (g)(2)(D) correspond with 40
aced on 40 CFR 263.20(a)(3) (2005).
h)?
A transporter transporting hazardous waste from a generator that generates
greater than 100 kilograms but less than 1,000 kilograms 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 pursuant to 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
722.112) 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.
Section
(Source:
723.121Amended ?
at
Compliance
32 Ill. Reg.with
the Manifest
—, effective ?
a)?
The transporter must deliver the entire quantity of hazardous waste which
he has accepted from a generator or a transporter to:
1)
The designated facility listed on the manifest; or
2)
The alternate designated facility, if the hazardous waste cannot be
delivered to the designated facility because an emergency prevents delivery; or
3)
The next designated transporter; or
4)
The place outside the United States designated by the generator.
b)?
Non-delivery of the hazardous waste.
1)
Until Sept. 5, 2006, if the hazardous waste cannot be delivered in
accordance with subee
generator for further directions and must revise the manifest according to the
2) Effectivercpt. 5, 2006.
Al)?
If the hazardous waste cannot be delivered in accordance with subsection
(a) of this Section because of an emergency condition other than rejection of
the waste by the designated facility, then the transporter must contact the
generator for further directions and must revise the manifest according to the
generator's instructions.
R2)?
If hazardous waste is rejected by the designated facility while the
transporter is on the premises of the designated facility, then the transporter
must obtain the following, as appropriate:
-PA) 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 (b)-(-5-)-1) through (b) (5) (5) or (b) (6) (A)
f) (6) or
725.172(e)(1) through (e) (6) or (f) (1) through (f)(6).
iiDE) 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(b)(5)(Ae)(1) through (e)(6) or (f)(1)
through (b) (5) (F) or (b) (6) (A) through (b) (6) (F) 724.172(c)(1f)(6) ?
or
725.172(e)(1) through
(f) (1) through (f) (6) (e) (6) or (f) (1) through (f) (6)
effective until ept. 5, 2006. Subsection (b)(2) is derived from 40 CFR
0-
(Source: Amended at 32 Ill. Reg. ?
, effective ?
ILLINOIS RECISTRR
JCAR350723-0805216r01
POLLUTION CONTROL BOARD
NOTICE OF PROPOSED AMENDMENTS
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