Ill. Admin. Code tit. 35, § 725.112 - Required Notices
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 allowable 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 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 sent from the same foreign
exporter.
2) As required by 35 Ill.
Adm. Code
722.184(d)(2)(O),
a copy of the movement document bearing all required signatures within three
working days after 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 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, provided that copies are readily
available for viewing and production if requested by any USEPA or Agency
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 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, such owner or operator
of the facility must inform USEPA, using the allowable 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),
such owner or operator must:
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. 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 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. On or after
the electronic import-export reporting compliance date, to USEPA electronically
using USEPA's WIETS. The recovery and disposal operations in this paragraph 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
).
Notes
Amended at 35 Ill. Reg. 18052, effective October 14, 2011
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.
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