North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-24 - Hazardous Waste Management › Chapter 33-24-03 - Standards for Generators › Section 33-24-03-53 - Notification and consent

Current through Supplement No. 393, July, 2024
1.
Applicability.
Consent must be obtained from the competent
				authorities of the relevant Organization for Economic Cooperation and
				Development countries of import and transit prior to exporting hazardous waste
				destined for recovery operations subject to sections 33-24-03-50 through
				33-24-03-59. Hazardous wastes subject to the Amber control procedures are
				subject to the requirements of subsection 2; and wastes not identified on any
				list are subject to the requirements of subsection 3.
2.
Amber wastes.
Exports of
				hazardous wastes from the United States as described in subsection 1 of section
				33-24-03-50 that are subject to the Amber control procedures are prohibited
				unless the notification and consent requirements of subdivision a or b of
				subsection 2 are met.
a. Transactions
				requiring specific consent:
(1)
Notification.
At least forty-five days prior to commencement of
				each transboundary movement, the exporter must provide written notification in
				English of the proposed transboundary movement to the Office of Enforcement and
				Compliance Assurance, Office of Federal Activities, International Compliance
				Assurance Division (2254A), Environmental Protection Agency, 1200 Pennsylvania
				Avenue NW, Washington, D.C. 20460, and the state, with the words "Attention:
				Organization for Economic Cooperation and Development Export Notification"
				prominently displayed on the envelope. This notification must include all of
				the information identified in subsection 4. In cases where wastes having
				similar physical and chemical characteristics, the same United Nations
				classification, the same hazardous waste codes, and are to be sent periodically
				to the same recovery facility by the same exporter, the exporter may submit one
				general notification of intent to export these wastes in multiple shipments
				during a period of up to one year. Even when a general notification is used for
				multiple shipments, each shipment still must be accompanied by its own movement
				document pursuant to section 33-24-03-54.
(2)
Tacit consent.
If no
				objection has been lodged by any countries concerned (for example, exporting,
				importing, or transit) to a notification provided pursuant to paragraph 1
				within thirty days after the date of issuance of the acknowledgment of receipt
				of notification by the competent authority of the country of import, the
				transboundary movement may commence. Tacit consent expires one calendar year
				after the close of the thirty-day period; renotification and renewal of all
				consents are required for exports after that date.
(3)
Written consent.
If the
				competent authorities of all the relevant Organization for Economic Cooperation
				and Development importing and transit countries provide written consent in a
				period less than thirty days, the transboundary movement may commence
				immediately after all necessary consents are received. Written consent expires
				for each relevant Organization for Economic Cooperation and Development
				importing and transit country one calendar year after that date of that
				country's consent unless otherwise specified; renotification and renewal of
				each expired consent is required for exports after that date.