North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-24 - Hazardous Waste Management › Chapter 33.1-24-05 - Standards for Treatment, Storage, and Disposal Facilities and for the Management of Specific Hazardous Wastes and Specific Types of Hazardous Waste Management Facilities › Section 33.1-24-05-03 - Required notices

Current through Supplement No. 393, July, 2024
1. The owner or
				operator of a facility that is arranging or has arranged to receive hazardous
				waste subject to sections
				33.1-24-03-50
				through
				33.1-24-03-55
				from a foreign source shall submit the following required notices:
a. As per subsection 2 of section
				33.1-24-03-55,
				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 the environmental protection agency 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 the environmental protection agency using
				the allowable methods listed in subdivision a of subsection 2 of section
				33.1-24-03-55
				at least sixty 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 Resource Conservation and Recovery Act waste codes and
				organization for economic cooperation and development waste codes, and being
				sent from the same foreign exporter.
b. As per paragraph 15 of subdivision b of
				subsection 4 of section
				33.1-24-03-55,
				a copy of the movement document bearing all required signatures within three
				working days of receipt of the shipment to the foreign exporter; to the
				competent authorities of the countries of export and transit shipment as an
				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 the environmental protection agency
				electronically using the environmental protection agency's waste import export
				tracking system, or its successor system. 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 the
				environmental protection agency's waste import export tracking system or its
				successor system, provided that copies are readily available for viewing and
				production if requested by any environmental protection agency 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 the environmental
				protection agency's waste import export tracking system, or it successor system
				for which the owner or operator of a facility bears no
				responsibility.
c. As per
				subdivision d of subsection 6 of section
				33.1-24-03-55,
				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 shall inform the environmental protection agency, using the
				allowable methods listed in subdivision a of subsection 2 of section
				33.1-24-03-55
				of the need to return or arrange alternate management of the
				shipment.
d. As per subsection 7 of
				section
				33.1-24-03-55,
				such owner or operator shall;
(1) 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 the environmental protection agency
				electronically using the environmental protection agency's waste import export
				tracking system, or its successor system.
(2) 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 for 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 the
				environmental protection agency electronically using the environmental
				protection agency's waste import export tracking system, or its successor
				system. The recovery and disposal operations in this paragraph are defined in
				section
				33.1-24-03-51.