Code of Colorado Regulations
1000 - Department of Public Health and Environment
1007 - Hazardous Materials and Waste Management Division
6 CCR 1007-3 - HAZARDOUS WASTE
Part 264 - HAZARDOUS WASTE - STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE AND DISPOSAL FACILITIES
Subpart B - General Facility Standards
Section 6 CCR 1007-3-264.12 - Required Notices
Universal Citation: 1000 CO Code Regs 6 CCR 1007-3-264.12
Current through Register Vol. 47, No. 17, September 10, 2024
(a) The owner or operator of a facility that is arranging or has arranged to receive hazardous waste subject to Part 262, Subpart H from a foreign source must submit the following required notices:
(1) As
per §262.84 , for imports where the competent authority of the country of
export does not require the foreign exporter to submit to it a notification
proposing export and obtain consent from EPA and the competent authorities for
the countries of transit, such owner or operator of the facility, if acting as
the importer, must provide notification of the proposed transboundary movement
in English to EPA using the allowable methods listed in §262.84 at least
60 days before the first shipment is expected to depart the country of export.
The notification may cover up to one year of shipments of wastes having similar
physical and chemical characteristics, the same United Nations classification,
the same RCRA waste codes and OECD waste codes, and being sent from the same
foreign exporter.
(2) As per
§262.84 , a copy of the movement document bearing all required signatures
within three (3) working days of receipt of the shipment to the foreign
exporter; to the competent authorities of the countries of export and transit
that control the shipment as an export and transit shipment of hazardous waste
respectively; and on or after December 31, 2017, to EPA electronically using
EPA's Waste Import Export Tracking System (WIETS), or its successor system. The
original of the signed movement document must be maintained at the facility for
at least three (3) years. The owner or operator of a facility may satisfy this
recordkeeping requirement by retaining electronically submitted documents in
the facility's account on EPA's Waste Import Export Tracking System (WIETS), or
its successor system, provided that copies are readily available for viewing
and production if requested by any EPA or authorized state inspector. No owner
or operator of a facility may be held liable for the inability to produce the
documents for inspection under this section if the owner or operator of a
facility can demonstrate that the inability to produce the document is due
exclusively to technical difficulty with EPA's Waste Import Export Tracking
System (WIETS), or its successor system for which the owner or operator of a
facility bears no responsibility.
(3) As per §262.84 , if the facility has
physical control of the waste and it must be sent to an alternate facility or
returned to the country of export, such owner or operator of the facility must
inform EPA, using the allowable methods listed in §262.84 of the need to
return or arrange alternate management of the shipment.
(4) As per §262.84 , such owner or
operator shall:
(i) Send copies of the signed
and dated confirmation of recovery or disposal, as soon as possible, but no
later than thirty days after completing recovery or disposal on the waste in
the shipment and no later than one calendar year following receipt of the
waste, to the foreign exporter, to the competent authority of the country of
export that controls the shipment as an export of hazardous waste, and for
shipments recycled or disposed of on or after December 31, 2017, to EPA
electronically using EPA's Waste Import Export Tracking System (WIETS), or its
successor system.
(ii) If the
facility performed any of recovery operations R12, R13, or RC3, or disposal
operations D13 through D15, promptly send copies of the confirmation of
recovery or disposal that it receives from the final recovery or disposal
facility within one year of shipment delivery to the final recovery or disposal
facility that performed one of recovery operations R1 through R11, or RC1, or
one of disposal operations D1 through D12, or DC1 to DC2, to the competent
authority of the country of export that controls the shipment as an export of
hazardous waste, and on or after the electronic import-export reporting
compliance date, to EPA electronically using EPA's Waste Import Export Tracking
System (WIETS), or its successor system. The recovery and disposal operations
in this paragraph are defined in § 262.81.
(b) The owner or operator of a facility that receives hazardous waste from an off-site source (except where the owner or operator is also the generator) must inform the generator in writing that he/she has the appropriate permit(s) for, and will accept, the waste the generator is shipping. The owner or operator must keep a copy of this written notice as part of the operating record.
(c) Before transferring ownership or operation of a facility during its operating life, or of a disposal facility during the post-closure care period, the owner or operator must notify the new owner or operator in writing of the requirements of this part and Part 100 of these regulations.
Disclaimer: These regulations may not be the most recent version. Colorado may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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