Section 33-24-03-54 - Movement document1. All United States parties subject to the contract provisions of section 33-24-03-55 must ensure that a movement document meeting the conditions of subsection 2 of this section accompanies each transboundary movement of wastes subject to the Amber control procedures from the initiation of the shipment until it reaches the final recovery facility, including cases in which the waste is stored or sorted, or both, by the importer prior to shipment to the final recovery facility, except as provided in subdivisions a and b of subsection 1. a. For shipments of hazardous waste within the United States solely by water (bulk shipments only), the generator must forward the movement document with the manifest to the last water (bulk shipment) transporter to handle the waste in the United States if exported by water (in accordance with the manifest routing procedures at subsection 3 of section 33-24-03-07).b. For rail shipments of hazardous waste within the United States which originate at the site of generation, the generator must forward the movement document with the manifest (in accordance with the routing procedures for the manifest in subsection 4 of section 33-24-03-07) to the next nonrail transporter, if any, or the last rail transporter to handle the waste in the United States if exported by rail.2. The movement document must include all information required under section 33-24-03-53 (for notification), as well as the following information: a. Date movement commenced;b. Name (if not exporter), address, telephone, fax numbers, and email of primary exporter;c. Company name and identification number of all transporters;d. Identification (license, registered name or registration number) of means of transport, including types of packaging envisaged;e. Any special precautions to be taken by transporters;f. Certification signed by the exporter that no objection to the shipment has been lodged, as follows: 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, that any applicable insurance or other financial guarantees are or shall be in force covering the transboundary movement, and that:
1. All necessary consents have been received; or2. The shipment is directed to a recovery facility within the Organization for Economic Cooperation and Development area and no objection has been received from any of the countries concerned within the thirty-day tacit consent period; or3. The shipment is directed to a recovery facility preapproved for that type of waste within the Organization for Economic Cooperation and Development area; such an authorization has not been revoked, and no objection has been received from any of the countries concerned. (Delete sentences that are not applicable)
Name: ____________________________
Signature: _________________________
Date: _____________________________
g. Appropriate signatures for each custody transfer (for example, transporter, importer, and owner or operator of the recovery facility).3. Exporters also must comply with the special manifest requirements of subsections 1, 2, 3, 5, and 9 of section 33-24-03-21, and importers must comply with the import requirements of section 33-24-03-30.4. Each United States person that has physical custody of the waste from the time the movement commences until it arrives at the recovery facility must sign the movement document (for example, transporter, importer, and owner or operator of the recovery facility).5. Within three working days of the receipt of imports subject to sections 33-24-03-50 through 33-24-03-59, the owner or operator of the United States recovery facility must send signed copies of the movement document to the exporter, 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, to the state and to the competent authorities of the countries of export and transit. If the concerned United States recovery facility is a R12 or R13, or both, recovery facility as defined under section 33-24-03-51, the facility shall retain the original of the movement document for three years.N.D. Admin Code 33-24-03-54
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