Utah Admin. Code R315-265-12 - 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 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 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 identical United Nations
classification, the identical 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 the 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 keeping electronically
submitted documents in the facility's account on EPA's Waste Import Export
Tracking System (WIETS), or its successor system, copies shall be 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 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 (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, 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) As per 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 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 R315-265-12(a)(4)(ii)
are defined in Section
R315-262-81.
(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
shall notify the new owner or operator in writing of the requirements of Rule
R315-265 and Rule R315-270. Also see Section
R315-270-72.
(i) An owner's or operator's failure to
notify the new owner or operator of the requirements of Rule R315-265 in no way
relieves the new owner or operator of their obligation to comply with the
applicable requirements.
Notes
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