Utah Admin. Code R315-264-12 - General Facility Standards - Required Notices
(a) The owner or operator of a facility that
is arranging or has arranged to receive hazardous waste subject to Sections
R315-262-80 through
R315-262-84 from a foreign
source shall submit the notices required by Subsections
R315-264-12(a)(1)
through R315-264-12(a)(4):
(1) In accordance with Subsection
R315-262-84(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 get 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 Subsection
R315-262-84(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
classification, the same RCRA waste codes and OECD waste codes, and being sent
from the same foreign exporter.
(2)
In accordance with Subsection
R315-262-84(d)(2)(xv),
a copy of the movement document bearing each required signature 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 shall be
maintained at the facility for at least three years. The owner or operator of a
facility may satisfy this recordkeeping requirement by keeping electronically
submitted documents in the facility's account on EPA's Waste Import Export
Tracking System (WIETS), or its successor system, if copies are readily
available for viewing and production if requested by any EPA or Utah inspector.
No owner or operator of a facility may be held liable for the inability to
produce the documents for inspection under Section
R315-264-12 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 that the owner or
operator of a facility bears no responsibility.
(3) In accordance with Subsection
R315-262-84(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, the owner or operator
of the facility shall inform EPA, using the allowable methods listed in
Subsection R315-262-84(b)(1)
of the need to return or arrange alternate management of the
shipment.
(4) In accordance with
Subsection R315-262-84(g),
the owner or operator shall:
(i) 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 (WIETS), or its successor system.
(ii) 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, 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 Subsection
R315-264-12(a)(4)(ii)
are defined in Section
R315-262-81.
(b) The owner or
operator of a facility that receives hazardous waste from an off-site source,
except if the owner or operator is also the generator, shall inform the
generator in writing that the owner or operator has the appropriate permits
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.
(c) 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
shall notify the new owner or operator in writing of the requirements of Rule
R315-264 and Rule R315-270. An owner's or operator's failure to notify the new
owner or operator of the requirements of Rule R315-264 in no way relieves the
new owner or operator of their obligation to comply with the applicable
requirements.
Notes
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