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 262-84 from a foreign source shall submit the following required
notices:
(1) As per 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 obtain consent from EPA and the competent authorities for the countries of
transit, such 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)
As per Subsection
R315-262-84(d)(2)(xv),
a copy of the movement document bearing all required signatures 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 retaining electronically
submitted documents in the facility's account on EPA's Waste Import Export
Tracking System (WIETS), or its successor system, provided that 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 for which
the owner or operator of a facility bears no responsibility.
(3) As per 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, such 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) As per Subsection
R315-262-84(g),
such 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 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, 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 Section
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 where the owner or
operator is also the generator, shall inform the generator in writing that he
has the appropriate permit(s) 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 his obligation to
comply with all applicable requirements.
Notes
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.
No prior version found.