Section 33-24-02-27 - Notification and recordkeeping for used, intact cathode ray tubes exported for reuse1. Cathode ray tube exporters who export used, intact cathode ray tubes for reuse shall send a notification to the department and the environmental protection agency. This notification may cover export activities extending over a twelve month or lesser period. a. The notification must be in writing, signed by the exporter, and include the following information: (1) Name, mailing address, telephone number, and identification number (if applicable) of the exporter of the used, intact cathode ray tubes;(2) The estimated frequency or rate at which the used, intact cathode ray tubes are to be exported for reuse and the period of time over which cathode ray tubes are to be exported;(3) The estimated total quantity of used, intact cathode ray tubes specified in kilograms;(4) All points of entry to and departure from each transit country through which the used, intact cathode ray tubes will pass, a description of the approximate length of time the used, intact cathode ray tubes will remain in such country, and the nature of cathode ray tubes handling while there;(5) A description of the means by which each shipment of the used, intact cathode ray tubes will be transported (for example, mode of transportation vehicle (air, highway, rail, water), type of container (for example, drums, boxes, tanks));(6) The name and address of the ultimate destination facility or facilities where the used, intact cathode ray tubes will be reused, refurbished, distributed, or sold for reuse and the estimated quantity of used, intact cathode ray tubes to be sent to each facility, as well as the name of any alternate destination facility or facilities;(7) A description of the manner in which the used, intact cathode ray tubes will be reused (including reuse after refurbishment) in the foreign country that will be receiving the used, intact cathode ray tubes; and(8) A certification signed by the cathode ray tube exporter which states: "I certify under penalty of law that the cathode ray tubes described in this notice are intact and fully functioning or capable of being functional after refurbishment and that the used cathode ray tubes will be reused or refurbished and reused. I certify under penalty of law that I have personally examined and am familiar with the information submitted in this and all attached documents and that, based on my inquiry of those individuals immediately responsible for obtaining the information, I believe that the submitted information is true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment".
b. Notifications submitted by mail should be sent to the department and to the following mailing address: Office of Enforcement and Compliance Assurance, Office of Federal Activities, International Compliance Assurance Division, (Mail Code 2254A), Environmental Protection Agency, 1200 Pennsylvania Ave. NW., Washington, DC 20460. Hand-delivered notifications should be sent to: Office of Enforcement and Compliance Assurance, Office of Federal Activities, International Compliance Assurance Division, (Mail Code 2254A), Environmental Protection Agency, William Jefferson Clinton Building, Room 6144, 1200 Pennsylvania Ave. NW., Washington, DC 20004. In both cases, the following must be prominently displayed on the front of the envelope: "Attention: Notification of Intent to Export Cathode Ray Tubes".2. Cathode ray tube exporters of used, intact cathode ray tubes sent for reuse shall keep copies of normal business records, such as contracts, demonstrating that each shipment of exported used, intact cathode ray tubes will be reused. This documentation must be retained for a period of at least three years from the date the cathode ray tubes were exported. If the documents are written in a language other than English, cathode ray tube exporters of used, intact cathode ray tubes sent for reuse shall provide both the original, non-English version of the normal business records as well as a third-party translation of the normal business records into English within thirty days upon request by the department or the environmental protection agency.N.D. Admin Code 33-24-02-27
Adopted by Administrative Rules Supplement 2016-359, January 2016, effective 1/1/2016.General Authority: NDCC 23-20.3-03
Law Implemented: NDCC 23-20.3-03, 23-20.3-04