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.