Wisconsin Administrative Code › Department of Natural Resources › NR 600-699 - Environmental Protection - Hazardous Waste Management › Chapter NR 664 - Hazardous Waste Treatment, Storage And Disposal Facility Standards › Subchapter B - General Facility Standards › Section NR 664.0012 - Required notices

Current through June 24, 2024
(1) The owner or operator of a facility that
				  is arranging or has arranged to receive hazardous waste subject to subch. H of
				  ch. NR 662 from a foreign source shall submit all of the following required
				  notices:
(a) In accordance with s.
				  NR
				  662.084(2), for imports when 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, the owner
				  or operator of the facility, if acting as the importer, shall provide
				  notification of the proposed transboundary movement in English to EPA using the
				  allowable methods listed in s.
				  NR 662.084(2)
				  (a) 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 classification, the same
				  hazardous waste codes and OECD waste codes, and being sent from the same
				  foreign exporter.
(b) In accordance
				  with s.
				  NR 662.084(4)
				  (b) 15., a copy of the movement document
				  bearing all required signatures within 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 shall be maintained at the facility
				  for at least 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 EPA's waste import export tracking system, or its
				  successor system, provided that copies are readily available for viewing and
				  production if requested by EPA or by the department. No owner or operator of a
				  facility shall be held liable for the inability to produce the documents for
				  inspection under this paragraph if the owner or operator of a facility can
				  demonstrate that the inability to produce the document is due exclusively to
				  technical difficulty with EPA's waste import export tracking system, or its
				  successor system for which the owner or operator of a facility bears no
				  responsibility.
(c) In accordance
				  with s.
				  NR 662.084(6)
				  (d), if the facility has physical control of
				  the waste and it will be sent to an alternate facility or returned to the
				  country of export, the owner or operator of the facility shall inform EPA,
				  using the allowable methods listed in s.
				  NR 662.084(2)
				  (a) of the need to return or arrange
				  alternate management of the shipment.
(d) In accordance with s.
				  NR
				  662.084(7), the owner or operator
				  shall do all of the following:
1. Send copies
				  of the signed and dated confirmation of recovery or disposal, as soon as
				  possible, but no later than 30 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 EPA electronically using EPA'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. Copies of the confirmation shall be also be
				  sent 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
				  waste import export tracking system, or its successor system. The recovery and
				  disposal operations in this subdivision are defined in s.
				  NR
				  662.081.