South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-79 - Hazardous Waste Management Regulations › Part 61-79.265 - INTERIM STATUS STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES › Subpart B - GENERAL FACILITY STANDARDS › Section 61-79.265.B.12 - Required notices

Current through Register Vol. 48, No. 6, June 28, 2024
(a) The
				  owner or operator of a facility that is arranging or has arranged to receive
				  hazardous waste subject to part 262 subpart H from a foreign source must submit
				  the following required notices:
(1) As per
				  section 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 section 262.84(b)(1) at
				  least sixty (60) days before the first shipment is expected to depart the
				  country of export. The notification may cover up to one (1) 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 section 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 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 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 WIETS, or its
				  successor system, for which the owner or operator of a facility bears no
				  responsibility.
(3) As per section
				  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 section 262.84(b)(1) of the need to return or arrange alternate management
				  of the shipment.
(4) As per section
				  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 (30) days after completing recovery
				  or disposal on the waste in the shipment and no later than one (1) 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 on or after the electronic import-export reporting
				  compliance date, to EPA electronically using EPA's 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 (1) 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 WIETS, or its successor
				  system. The recovery and disposal operations in this paragraph are defined in
				  section 262.81.