(1) The owner or operator of a facility that
is arranging or has arranged to receive hazardous waste subject to subch. H of
ch. NR 662 from a foreign source shall submit all of the following required
notices:
(a) In accordance with s.
NR 662.084(2), for imports when 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, the owner
or operator of the facility, if acting as the importer, shall provide
notification of the proposed transboundary movement in English to EPA using the
allowable methods listed in s.
NR 662.084(2)
(a) 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
hazardous waste codes and OECD waste codes, and being sent from the same
foreign exporter.
(b) In accordance
with s.
NR 662.084(4)
(b) 15., a copy of the movement document
bearing all required signatures within 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 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 shall be maintained at the facility
for at least 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, or its
successor system, provided that copies are readily available for viewing and
production if requested by EPA or by the department. No owner or operator of a
facility shall be held liable for the inability to produce the documents for
inspection under this paragraph 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, or its
successor system for which the owner or operator of a facility bears no
responsibility.
(c) In accordance
with s.
NR 662.084(6)
(d), if the facility has physical control of
the waste and it will be sent to an alternate facility or returned to the
country of export, the owner or operator of the facility shall inform EPA,
using the allowable methods listed in s.
NR 662.084(2)
(a) of the need to return or arrange
alternate management of the shipment.
(d) In accordance with s.
NR 662.084(7), the owner or operator
shall do all of the following:
1. Send copies
of the signed and dated confirmation of recovery or disposal, as soon as
possible, but no later than 30 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 or its successor system.
2. 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. Copies of the confirmation shall be also be
sent 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, or its successor system. The recovery and
disposal operations in this subdivision are defined in s.
NR 662.081.
(2) 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) shall inform the generator in writing that the
owner or operator has the appropriate licenses for, and will accept the waste
the generator is shipping. The owner or operator shall keep a copy of this
written notice as part of the operating record.
(3) Before transferring ownership or
operation of a facility during its operating life, or of a disposal facility
during the long-term care period, the owner or operator shall notify the new
owner or operator in writing of the requirements of this chapter and ch. NR
670.
An owner's or operator's failure to notify the new owner
or operator of the requirements of this chapter in no way relieves the new
owner or operator of that person's obligation to comply with all applicable
requirements.
