(a) In generalBeginning twenty-four months after November 8, 1984, no person shall export any hazardous waste identified or listed under this subchapter unless [1]
(1)
(A)
such
person has provided the notification required in subsection (c) of this section,
(B)
the government of the receiving country has consented to accept such
hazardous waste,
(C)
a copy of the receiving country’s written consent is attached to the
manifest accompanying each waste shipment, and
(D)
the shipment conforms with the terms of the consent of the government of the receiving country required pursuant to subsection (e), or
(2)
the United
States and the government of the receiving country have entered into an agreement as provided for in subsection (f) and the shipment conforms with the terms of such agreement.
(b) Regulations
Not later than twelve months after November 8, 1984, the Administrator shall promulgate the regulations necessary to implement this section. Such regulations shall become effective one hundred and eighty days after promulgation.
(c) NotificationAny person who intends to export a hazardous waste identified or listed under this subchapter beginning twelve months after November 8, 1984, shall, before such hazardous waste is scheduled to leave the United States, provide notification to the Administrator. Such notification shall contain the following information:
(1)
the name and address of the exporter;
(3)
the estimated frequency or rate at which such waste is to be exported; and the period of time over which such waste is to be exported;
(5)
a description of the manner in which such
hazardous waste will be transported to and treated, stored, or disposed in the receiving country; and
(d) Procedures for requesting consent of receiving countryWithin thirty days of the Administrator’s receipt of a complete notification under this section, the Secretary of State, acting on behalf of the Administrator, shall—
(1)
forward a copy of the notification to the government of the receiving country;
(3)
request the government to provide the Secretary with a written consent or objection to the terms of the notification; and
(e) Conveyance of written consent to exporter
Within thirty days of receipt by the Secretary of State of the receiving country’s written consent or objection (or any subsequent communication withdrawing a prior consent or objection), the Administrator shall forward such a consent, objection, or other communication to the exporter.
(f) International agreements
Where there exists an international agreement between the United States and the government of the receiving country establishing notice, export, and enforcement procedures for the transportation, treatment, storage, and disposal of hazardous wastes, only the requirements of subsections (a)(2) and (g) shall apply.
{'misc': '', 'cleanpath': '/uscode/text/42/6938', 'headtext': ' Export of hazardous wastes', 'cfr_titles': [{'title': '40', 'parts': [{'part': '3', 'cleanpath': '/cfr/text/40/part-3', 'headtext': 'CROSS-MEDIA ELECTRONIC REPORTING'}, {'part': '9', 'cleanpath': '/cfr/text/40/part-9', 'headtext': 'OMB APPROVALS UNDER THE PAPERWORK REDUCTION ACT'}, {'part': '260', 'cleanpath': '/cfr/text/40/part-260', 'headtext': 'HAZARDOUS WASTE MANAGEMENT SYSTEM: GENERAL'}, {'part': '261', 'cleanpath': '/cfr/text/40/part-261', 'headtext': 'IDENTIFICATION AND LISTING OF HAZARDOUS WASTE'}, {'part': '262', 'cleanpath': '/cfr/text/40/part-262', 'headtext': 'STANDARDS APPLICABLE TO GENERATORS OF HAZARDOUS WASTE'}, {'part': '263', 'cleanpath': '/cfr/text/40/part-263', 'headtext': 'STANDARDS APPLICABLE TO TRANSPORTERS OF HAZARDOUS WASTE'}, {'part': '451', 'cleanpath': '/cfr/text/40/part-451', 'headtext': 'CONCENTRATED AQUATIC ANIMAL PRODUCTION POINT SOURCE CATEGORY'}]}], 'section': '6938'}