Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 724 - STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES › Subpart B - GENERAL FACILITY STANDARDS › Section 724.112 - Required Notices

Current through Register Vol. 48, No. 28, July 12, 2024
a) The owner or
				operator of a facility that is arranging 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 722.182(e) 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 (from Subpart C or D of 35 Ill.
				Adm. Code 721); the waste codes from the lists in the OECD Guidance Manual,
				incorporated by reference in 35 Ill. Adm. Code 720.111; and being sent from 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 USEPA 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 not 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 and the owner or operator of a facility
				has 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 facility owner or operator must do the following:
A) The owner or operator must send copies of
				the signed and dated confirmation of recovery or disposal, as soon as possible,
				within 30 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, the owner
				or operator must 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 to RC2, 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, the
				owner or operator must make this submission to USEPA electronically using
				USEPA's WIETS, or its successor system. The recovery and disposal operations in
				this subsection (a)(4)(B) are defined in 35 Ill. Adm. Code 722.181.