Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 264.1 - HAZARDOUS WASTE MANAGEMENT: STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES › Part 264 - STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES › Subpart B - General Facility Standards › Section 11-264.12 - Required notices

Current through June, 2024
(a) The owner or
					 operator of a facility that is arranging or has arranged to receive hazardous
					 waste subject to 40 CFR part 262 , subpart H from a foreign source must submit
					 the following required notices:
(1) As per
					 40 CFR
					 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, must provide
					 notification of the proposed transboundary movement in English to EPA using the
					 allowable methods listed in
					 40 CFR
					 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
					 40 CFR
					 262.84(d)(2)(xv), 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 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 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
					 40 CFR
					 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 must inform EPA, using the allowable methods listed in
					 40 CFR
					 262.84(b)(1) of the need to
					 return or arrange alternate management of the shipment.
(4) As per
					 40 CFR
					 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 thirty 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 this paragraph are
					 defined in
					 40
					 CFR 262.81.