California Code of Regulations › Title 22 - Social Security › Division 4.5 - Environmental Health Standards for the Management of Hazardous Waste › Chapter 14 - Standards for Owners and Operators of Hazardous Waste Transfer, Treatment, Storage, and Disposal Facilities › Article 2 - General Facility Standards › Section 66264.12 - Required Notices

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
				  owner or operator of a facility that is arranging or has arranged to receive
				  hazardous waste subject to 40 Code of Federal Regulations part 262, subpart H
				  and article 8, chapter 12 of this division from a foreign source shall submit
				  the following required notices:
(1) The owner
				  or operator of a facility that has arranged to receive hazardous waste from a
				  foreign source shall notify the Department in writing at least four weeks in
				  advance of the date the waste is expected to arrive at the facility. Notice of
				  subsequent shipments of the same waste from the same foreign source is not
				  required. The notification shall be sent to the Import/Export Coordinator,
				  Department of Toxic Substances Control, 7575 Metropolitan Drive, Suite 108, San
				  Diego, CA 92108.
(2) As per 40 Code
				  of Federal Regulations section
				  262.84(b) and
				  section 66262.84(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 U.S. EPA and the competent authorities for the countries of
				  transit, such owner or operator of the facility, if acting as the importer
				  shall provide notification of the proposed transboundary movement in English to
				  U.S. EPA using the allowable methods listed in 40 Code of Federal Regulations
				  section 262.84(b)(1) and
				  section 66262.84(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.
(3)
				  As per 40 Code of Federal Regulations section
				  262.84(d)(2)(xv)
				  and section
				  66262.84(d)(2)(O),
				  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 U.S. EPA
				  electronically using U.S. 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 (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 U.S. 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 U.S. EPA or authorized state inspector. No owner or operator of a facility
				  shall 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 U.S. EPA's Waste Import Export Tracking System (WIETS), or its
				  successor system for which the owner or operator of a facility bears no
				  responsibility.
(4) As per 40 Code
				  of Federal Regulations section
				  262.84(f)(4) and
				  section 66262.84(f)(4),
				  if the facility has physical control of the waste and it shall be sent to an
				  alternate facility or returned to the country of export, such owner or operator
				  of the facility shall inform U.S. EPA, using the allowable methods listed in 40
				  Code of Federal Regulations section
				  262.84(b)(1) and
				  section 66262.84(b)(1),
				  of the need to return or arrange alternate management of the
				  shipment.
(5) As per 40 Code of
				  Federal Regulations section
				  262.84(g) and
				  section 66262.84(g), such
				  owner or operator shall:
(A) 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 U.S. EPA electronically using U.S. EPA's Waste
				  Import Export Tracking System (WIETS), or its successor system.
(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, and on or after the
				  electronic import-export reporting compliance date, to U.S. EPA electronically
				  using U.S. EPA's Waste Import Export Tracking System (WIETS), or its successor
				  system. The recovery and disposal operations in this subsection are defined in
				  40 Code of Federal Regulations section
				  262.81 and section
				  66262.81.