Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › LAND DIVISION - HAZARDOUS WASTE PROGRAM › Chapter 335-14-6 - INTERIM STATUS STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES › Section 335-14-6-.02 - General Facility Standards

Current through Register Vol. 42, No. 9, June 28, 2024
(1)
Applicability
. The requirements of
				335-14-6-.02 apply to owners and
				operators of all hazardous waste facilities except as
				335-14-6-.01(1)
				provides otherwise.
(2)
Identification number
. Every facility owner or
				operator must obtain an EPA identification number by submitting a completed
				Notification of Regulated Waste Activity, ADEM Form 8700-12, to the Department,
				along with the appropriate fees specified in Chapter 335-1-6 of the ADEM
				Administrative Code.
(3)
Required notices
.
(a)
				The owner or operator of a facility that is arranging or has arranged to
				receive hazardous waste subject to
				40 CFR
				262, subpart H [incorporated by reference at
				335-14-3-.09] from a foreign
				source must submit the following required notices:
1. As per
				335-14-3-.09(5),
				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,
				must provide notification of the proposed transboundary movement in English to
				EPA using the allowable methods listed in
				40 CFR
				262, subpart H [incorporated by reference at
				335-14-3-.09(5)]
				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 335-14-3-.09(5),
				a copy of the movement document bearing all required signatures within three
				(3) 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 importexport 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 must be
				maintained at the facility for at least three (3) 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 authorized state 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
				335-14-3-.09(5),
				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 must inform EPA, using the allowable methods listed in
				40 CFR
				262, subpart H [incorporated by reference at
				335-14-3-.09(5)]
				of the need to return or arrange alternate management of the
				shipment.
4. As per
				335-14-3-.09(5),
				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 thirty days after completing recovery or disposal
				on the waste in the shipment and no later the 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 the
				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 importexport 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 this paragraph are defined in
				40 CFR
				262.81 [incorporated by reference in
				335-14-3-.09(2)]
				.