Section NR 664.0012 - Required notices(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.(2) The owner or operator of a facility that receives hazardous waste from an off-site source (except where the owner or operator is also the generator) shall inform the generator in writing that the owner or operator has the appropriate licenses for, and will accept the waste the generator is shipping. The owner or operator shall keep a copy of this written notice as part of the operating record.(3) Before transferring ownership or operation of a facility during its operating life, or of a disposal facility during the long-term care period, the owner or operator shall notify the new owner or operator in writing of the requirements of this chapter and ch. NR 670.Wis. Admin. Code Department of Natural Resources NR 664.0012
CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06.Amended by, CR 19-082: cr. (1) (intro.), r. and recr. (1) (a), (b), cr. (c), (d) Register August 2020 No 776, eff. 9-1-20; correction in (1) (b) made under s. 35.17, Stats., Register August 2020 No. 776, eff. 9/1/2020Amended by, correction in (1) (b) made under s. 13.92(4) (b) 7, Stats., Register April 2021 No. 784, eff. 5/1/2021An owner's or operator's failure to notify the new owner or operator of the requirements of this chapter in no way relieves the new owner or operator of that person's obligation to comply with all applicable requirements.