Section 33-24-03-53 - Notification and consent1.Applicability. Consent must be obtained from the competent authorities of the relevant Organization for Economic Cooperation and Development countries of import and transit prior to exporting hazardous waste destined for recovery operations subject to sections 33-24-03-50 through 33-24-03-59. Hazardous wastes subject to the Amber control procedures are subject to the requirements of subsection 2; and wastes not identified on any list are subject to the requirements of subsection 3.2.Amber wastes. Exports of hazardous wastes from the United States as described in subsection 1 of section 33-24-03-50 that are subject to the Amber control procedures are prohibited unless the notification and consent requirements of subdivision a or b of subsection 2 are met.a. Transactions requiring specific consent:(1)Notification. At least forty-five days prior to commencement of each transboundary movement, the exporter must provide written notification in English of the proposed transboundary movement to the Office of Enforcement and Compliance Assurance, Office of Federal Activities, International Compliance Assurance Division (2254A), Environmental Protection Agency, 1200 Pennsylvania Avenue NW, Washington, D.C. 20460, and the state, with the words "Attention: Organization for Economic Cooperation and Development Export Notification" prominently displayed on the envelope. This notification must include all of the information identified in subsection 4. In cases where wastes having similar physical and chemical characteristics, the same United Nations classification, the same hazardous waste codes, and are to be sent periodically to the same recovery facility by the same exporter, the exporter may submit one general notification of intent to export these wastes in multiple shipments during a period of up to one year. Even when a general notification is used for multiple shipments, each shipment still must be accompanied by its own movement document pursuant to section 33-24-03-54.(2)Tacit consent. If no objection has been lodged by any countries concerned (for example, exporting, importing, or transit) to a notification provided pursuant to paragraph 1 within thirty days after the date of issuance of the acknowledgment of receipt of notification by the competent authority of the country of import, the transboundary movement may commence. Tacit consent expires one calendar year after the close of the thirty-day period; renotification and renewal of all consents are required for exports after that date.(3)Written consent. If the competent authorities of all the relevant Organization for Economic Cooperation and Development importing and transit countries provide written consent in a period less than thirty days, the transboundary movement may commence immediately after all necessary consents are received. Written consent expires for each relevant Organization for Economic Cooperation and Development importing and transit country one calendar year after that date of that country's consent unless otherwise specified; renotification and renewal of each expired consent is required for exports after that date.b. Transboundary movements to facilities preapproved by the competent authorities of the importing countries to accept specific wastes for recovery:(1) Notification. The exporter must provide the environmental protection agency, and the state, a notification that contains all the information identified in subsection 4 in English, at least ten days in advance of commencing shipment to a preapproved facility. The notification must indicate that the recovery facility is preapproved, and may apply to a single specific shipment or to multiple shipments as described in paragraph 1 of subdivision a. This information must be sent to the Office of Enforcement and Compliance Assurance, Office of Federal Activities, International Compliance Assurance Division (2254A), Environmental Protection Agency, 1200 Pennsylvania Avenue NW, Washington, D.C. 20460, and the state, with the words "Organization for Economic Cooperation and Development Export Notification -Preapproved Facility" prominently displayed on the envelope. General notifications that cover multiple shipments as described in paragraph 1 of subdivision a may cover a period of up to three years. Even when a general notification is used for multiple shipments, each shipment still must be accompanied by its own movement document pursuant to section 33-24-03-54.(2) Exports to preapproved facilities may take place after the elapse of seven working days from the issuance of an acknowledgment of receipt of the notification by the competent authority of the country of import unless the exporter has received information indicating that the competent authority of any countries concerned objects to the shipment.3.Wastes not covered in the Organization for Economic Cooperation and Development Green and Amber lists. Wastes destined for recovery operations, that have not been assigned to the Organization for Economic Cooperation and Development Green and Amber lists, incorporated by reference in subsection 4 of section 33-24-03-59, but which are considered hazardous under United States national procedures as defined in subsection 1 of section 33-24-03-50, are subject to the notification and consent requirements established for the Amber control procedures in accordance with subsection 2. Wastes destined for recovery operations, that have not been assigned to the Organization for Economic Cooperation and Development Green and Amber lists incorporated by reference in subsection 4 of section 33-24-03-59, and are not considered hazardous under United States national procedures as defined by subsection 1 of section 33-24-03-50 are subject to the Green control procedures.4.Notifications submitted under this section must include the following information:a. Serial number or other accepted identifier of the notification document;b. Exporter name and identification number (if applicable), address, telephone, fax numbers, and email address;c. Importing recovery facility name, address, telephone, fax number, email address, and technologies employed;d. Importer name (if not the owner or operator of the recovery facility), address, telephone, fax numbers, and email address; whether the importer will engage in waste exchange recovery operation R12 or waste accumulation recovery operation R13 prior to delivering the waste to the final recovery facility and identification of recovery operations to be employed at the final recovery facility;e. Intended transporters or their agents, or both, address, telephone, fax, and email address;f. Country of export and relevant competent authority, and point of departure;g. Countries of transit and relevant competent authorities and points of entry and departure;h. Country of import and relevant competent authority, and point of entry;i. Statement of whether the notification is a single notification or a general notification. If general, include period of validity requested;j. Dates foreseen for commencement of transboundary movements;k. Means of transport envisaged;l. Designation of waste types from the appropriate Organization for Economic Cooperation and Development list incorporated by reference in subsection 4 of section 33-24-03-59, descriptions of each waste type, estimated total quantity of each, hazardous waste code, and the United Nations number for each waste type;m. Specification of the recovery operations as defined in section 33-24-03-51.n. Certification signed by the exporter that states: I certify that the above information is complete and correct to the best of my knowledge. I also certify that legally-enforceable written contractual obligations have been entered into, and that any applicable insurance or other financial guarantees are or shall be in force covering the transboundary movement.
Name: __________________________
Signature: _______________________
Date: ___________________________
[Note to subdivision n of subsection 4: The United States does not currently require financial assurance for these waste shipments. However, United States exporters may be asked by other governments to provide and certify to such assurance as a condition of obtaining consent to a proposed movement.]
5.Certificate of Recovery. As soon as possible, but no later than thirty days after the completion of recovery and no later than one calendar year following receipt of the waste, the United States recovery facility shall send a certificate of recovery to the exporter and to the competent authorities of the countries of export and import by mail, email without a digital signature followed by mail, or fax followed by mail. The certificate of recovery shall include a signed, written and dated statement that affirms that the waste materials were recovered in the manner agreed to by the parties to the contract required under section 33-24-03-55.N.D. Admin Code 33-24-03-53
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