Illinois Administrative Code
Title 35 - ENVIRONMENTAL PROTECTION
Part 725 - INTERIM STATUS STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES
Subpart B - GENERAL FACILITY STANDARDS
Section 725.112 - Required Notices
Universal Citation: 35 IL Admin Code ยง 725.112
Current through Register Vol. 48, No. 38, September 20, 2024
a) Receipt from a Foreign Source. The owner or operator of a facility that has arranged to receive hazardous waste subject to Subpart H of 35 Ill. Adm. Code 722, from a foreign source must submit the following required notices:
1) As required by 35 Ill. Adm. Code
722.184(b), 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 USEPA and the competent authorities for the
countries of transit, the owner or operator of the facility, if acting as the
importer, must provide notification of the proposed transboundary movement in
English to USEPA using the methods listed in 35 Ill. Adm. Code 722.184(b)(1) 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/USDOT
identification number from the Hazardous Materials Table in 49 CFR 172.101, incorporated by reference in 35 Ill. Adm. Code 720.111; the same USEPA
hazardous waste numbers; and the same applicable OECD waste codes from the
lists in the OECD Guidance Manual, incorporated by reference in 35 Ill. Adm.
Code 720.111; and being sentfrom the same foreign exporter.
2) As required by 35 Ill. Adm. Code
722.184(d)(2)(O), a copy of the movement document with all the required
signatures within three working days after receiving 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 the electronic import-export
reporting compliance date, to EPA electronically using USEPA's Waste Import
Export Tracking System (WIETS). The original of the signed movement document
must be maintained at the facility for at least three years. The owner or
operator of a facility may satisfy this recordkeeping requirement by retaining
electronically submitted documents in the facility's account on USEPA's WIETS,
if copies are readily available for viewing and production upon request by any
USEPA or Agency inspector. An 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 USEPA's WIETS for which the owner or operator of a facility bears no
responsibility.
3) As required by
35 Ill. Adm. Code 722.184(f)(4), 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, the owner or operator of the facility must inform USEPA, using the
methods listed in 35 Ill. Adm. Code 722.184(b)(1) of the need to return or
arrange alternate management of the shipment.
4) As required by 35 Ill. Adm. Code
722.184(g), the owner or operator must:
A)
Send copies of the signed and dated confirmation of recovery or disposal, as
soon as possible, but within thirty days after completing recovery or disposal
on the waste in the shipment and within one calendar year after receiving 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. For
shipments recycled or disposed of on or after the electronic import-export
reporting compliance date, to USEPA electronically using USEPA's
WIETS.
B) 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; on or after the
electronic import-export reporting compliance date, to USEPA electronically
using USEPA's WIETS, or its successor system. The recovery and disposal
operations in this subsection are defined in 35 Ill. Adm. Code
722.181.
b) 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 35 Ill. Adm. Code 702 and 703 (also see 35 Ill. Adm. Code 703.155).
BOARD NOTE: An owner's or operator's failure to notify the new owner or operator of the requirements of this Part in no way relieves the new owner or operator of his obligation to comply with all applicable requirements.
Disclaimer: These regulations may not be the most recent version. Illinois 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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