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 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).
Notes
Amended at 35 Ill. Reg. 18052, effective October 14, 2011
BOARD NOTE: An owner's or
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
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).
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.