(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 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, 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, 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
the department. No owner or operator of a facility shall 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, 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 the waste will be sent to an alternate facility or returned to
the country of export, the owner or operator of the facility shall inform EPA
of the need to return or arrange alternate management of the shipment using the
allowable methods listed in s.
NR 662.084(2)
(a).
(d) As specified in 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 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 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) 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. (Also see s.
NR 670.072.)
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.