(a) The facility owner or operator who is
arranging to receive, or has arranged to receive, or is receiving dangerous
waste from sources outside the United States must notify the appropriate
regional office of the department annually, and in writing at least four weeks
in advance of the date the first shipment of waste is expected to arrive at the
facility. The notification must be in writing, signed by the importer and
operator of the receiving facility, and include the following information:
(i) Name, street address, mailing address,
and telephone number of the exporter.
(ii) Name, street address, mailing address,
telephone number, and EPA/state ID number of the importer and receiving
facility.
(iii) A description of
the dangerous waste and the EPA/state waste numbers, U.S. DOT proper shipping
name, hazard class and ID number (UN\NA) for each hazardous waste as identified
in 49 C.F.R. Parts 171 through 177.
(iv) The estimated frequency or rate at which
such waste is to be imported and the period of time over which such waste is to
be imported.
(v) The estimated
total quantity of the dangerous waste in units as specified in the instructions
to the Uniform Hazardous Waste Manifest Form (8700-22).
(vi) A description of the manner by which the
dangerous waste will be treated, stored, disposed of, or recycled by the
receiving facility.
Upon request by the department, the importer and/or receiving
facility must furnish to the department any additional information regarding
the importation of dangerous waste.
(b) The owner or operator of a facility that
is arranging to receive, or has arranged to receive , or is receiving dangerous
waste subject to 40 C.F.R. Part 262, Subpart H (incorporated by reference at
WAC
173-303-230(1)
) from a foreign source must submit the following required notices:
(i) As per
40 C.F.R.
262.84(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 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
40 C.F.R.
262.84(b)(1) at least sixty
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.
(ii) As per
40 C.F.R.
262.84(d)(2)(xv), a copy of
the movement document bearing all required signatures within three 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
the electronic import-export reporting compliance date, 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 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.
(iii) As per
40 C.F.R.
262.84(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, such owner or operator of the
facility must inform EPA, using the allowable methods listed in
40 C.F.R.
262.84(b)(1) of the need to
return or arrange alternate management of the shipment.
(iv) As per
40 C.F.R.
262.84(g), such owner or
operator shall:
(A) 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 the electronic import-export
reporting compliance date, to EPA electronically using EPA's Waste Import
Export Tracking System (WIETS), or its successor system.
(B) If the facility performed any of recovery
operations R12, R13, or RC16, or disposal operations D13 through D15, or DC17,
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 RC16, or one of disposal operations
D1 through D12, or DC15 to DC16, 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
40
C.F.R.
262.81.