Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 725 - INTERIM STATUS STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES › Subpart B - GENERAL FACILITY STANDARDS › Section 725.112 - Required Notices

Current through Register Vol. 48, No. 28, July 12, 2024
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.