South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-79 - Hazardous Waste Management Regulations › Part 61-79.264 - STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES › Subpart B - GENERAL FACILITY STANDARDS › Section 61-79.264.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 Waste Import Export Tracking System (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 for shipments recycled or disposed of 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 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.