Current through Register Vol. 48, No. 38, September 20, 2024
a)
"Manifest discrepancies" are defined as any one of the following:
1) Significant differences (as defined by
subsection (b)) between the quantity or type of hazardous waste designated on
the manifest or shipping paper, and the quantity and type of hazardous waste a
facility actually receives;
2)
Rejected wastes, which may be a full or partial shipment of hazardous waste
that the treatment, storage, or disposal facility cannot accept; or
3) Container residues, which are residues
that exceed the quantity limits for empty containers set forth in 35 Ill. Adm.
Code
721.107(b).
b) "Significant differences in quantity" are
defined as the appropriate of the following: for bulk waste, variations greater
than 10 percent in weight; or, for batch waste, any variation in piece count,
such as a discrepancy of one drum in a truckload. "Significant differences in
type" are defined as obvious differences that can be discovered by inspection
or waste analysis, such as waste solvent substituted for waste acid, or as
toxic constituents not reported on the manifest or shipping paper.
c) Upon discovering a significant difference
in quantity or type, the owner or operator must attempt to reconcile the
discrepancy with the waste generator or transporter (e.g., with telephone
conversations). If the discrepancy is not resolved within 15 days after
receiving the waste, the owner or operator must immediately submit to the
Agency a letter describing the discrepancy and attempts to reconcile it, and a
copy of the manifest or shipping paper at issue.
d) Rejection of Hazardous Waste
1) Upon rejecting waste or identifying a
container residue that exceeds the quantity limits for empty containers set
forth in 35 Ill. Adm. Code
721.107(b),
the facility owner or operator must consult with the generator prior to
forwarding the waste to another facility that can manage the waste. If it is
impossible to locate an alternative facility that can receive the waste, the
facility owner or operator may return the rejected waste or residue to the
generator. The facility owner or operator must send the waste to the
alternative facility or to the generator within 60 days after the rejection or
the container residue identification.
2) While the facility owner or operator is
making arrangements for forwarding rejected wastes or residues to another
facility under this Section, it must ensure that either the delivering
transporter retains custody of the waste, or the facility owner or operator
must provide for secure, temporary custody of the waste, pending delivery of
the waste to the first transporter designated on the manifest prepared under
subsection (e) or (f).
e)
Except as provided in subsection (e)(7), for full or partial load rejections
and residues that are to be sent off-site to an alternate facility, the
facility owner or operator is required to prepare a new manifest in accordance
with 35 Ill. Adm. Code
722.120(a)
and the instructions set forth in subsections (e)(1) through (e)(6):
1) The facility owner or operator must write
the generator's USEPA identification number in Item 1 of the new manifest. The
facility owner or operator must write the generator's name and mailing address
in Item 5 of the new manifest. If the mailing address is different from the
generator's site address, then the facility owner or operator must write the
generator's site address in the designated space in Item 5.
2) The facility owner or operator must write
the name of the alternate designated facility and the facility's USEPA
identification number in the designated facility block (Item 8) of the new
manifest.
3) The facility owner or
operator must copy the manifest tracking number found in Item 4 of the old
manifest to the Special Handling and Additional Information Block of the new
manifest, and indicate that the shipment is a residue or rejected waste from
the previous shipment.
4) The
facility owner or operator must copy the manifest tracking number found in Item
4 of the new manifest to the manifest reference number line in the Discrepancy
Block of the old manifest (Item 18a).
5) The facility owner or operator must write
the USDOT description for the rejected load or the residue in Item 9 (USDOT
Description) of the new manifest and write the container types, quantity, and
volumes of waste.
6) The facility
owner or operator must sign the Generator's/Offeror's Certification to certify,
as the offeror of the shipment, that the waste has been properly packaged,
marked and labeled and is in proper condition for transportation, and mail a
signed copy of the manifest to the generator identified in Item 5 of the new
manifest.
7) For full load
rejections that are made while the transporter remains present at the facility,
the facility owner or operator may forward the rejected shipment to the
alternate facility by completing Item 18b of the original manifest and
supplying the information on the next destination facility in the Alternate
Facility space. The facility owner or operator must retain a copy of this
manifest for its records, and then give the remaining copies of the manifest to
the transporter to accompany the shipment. If the original manifest is not
used, then the facility owner or operator must use a new manifest and comply
with subsections (e)(1) through (e)(6).
f) Except as provided in subsection (f)(7),
for rejected wastes and residues that must be sent back to the generator, the
facility owner or operator is required to prepare a new manifest in accordance
with 35 Ill. Adm. Code
722.120(a)
and the instructions set forth in subsections (f)(1) through (f)(6) and (f)(8):
1) The facility owner or operator must write
the facility's USEPA identification number in Item 1 of the new manifest. The
facility owner or operator must write the facility's name and mailing address
in Item 5 of the new manifest. If the mailing address is different from the
facility's site address, then the facility owner or operator must write the
facility's site address in the designated space for Item 5 of the new
manifest.
2) The facility owner or
operator must write the name of the initial generator and the generator's USEPA
identification number in the designated facility block (Item 8) of the new
manifest.
3) The facility owner or
operator must copy the manifest tracking number found in Item 4 of the old
manifest to the Special Handling and Additional Information Block of the new
manifest, and indicate that the shipment is a residue or rejected waste from
the previous shipment.
4) The
facility owner or operator must copy the manifest tracking number found in Item
4 of the new manifest to the manifest reference number line in the Discrepancy
Block of the old manifest (Item 18a).
5) The facility owner or operator must write
the USDOT description for the rejected load or the residue in Item 9 (USDOT
Description) of the new manifest and write the container types, quantity, and
volumes of waste.
6) The facility
owner or operator must sign the Generator's/Offeror's Certification to certify,
as offeror of the shipment, that the waste has been properly packaged, marked
and labeled and is in proper condition for transportation.
7) For full load rejections that are made
while the transporter remains at the facility, the facility owner or operator
may return the shipment to the generator with the original manifest by
completing Item 18b of the manifest and supplying the generator's information
in the Alternate Facility space. The facility owner or operator must retain a
copy for its records and then give the remaining copies of the manifest to the
transporter to accompany the shipment. If the original manifest is not used,
then the facility owner or operator must use a new manifest and comply with
subsections (f)(1) through (f)(6) and (f)(8).
8) For full or partial load rejections and
container residues contained in non-empty containers that are returned to the
generator, the facility owner or operator must also comply with the exception
reporting requirements in 35 Ill. Adm. Code
722.142(a).
g) If a facility owner or operator
rejects a waste or identifies a container residue that exceeds the quantity
limits for empty containers set forth in 35 Ill. Adm. Code
721.107(b)
after it has signed, dated, and returned a copy of the manifest to the
delivering transporter or to the generator, the facility owner or operator must
amend its copy of the manifest to indicate the rejected wastes or residues in
the discrepancy space of the amended manifest. The facility owner or operator
must also copy the manifest tracking number from Item 4 of the new manifest to
the Discrepancy space of the amended manifest, and must re-sign and date the
manifest to certify to the information as amended. The facility owner or
operator must retain the amended manifest for at least three years from the
date of amendment, and must, within 30 days, send a copy of the amended
manifest to the transporter and generator that received copies prior to their
being amended.
