Section 33-24-03-55 - Contracts1. Transboundary movements of hazardous wastes subject to the Amber control procedures are prohibited unless they occur under the terms of a valid written contract, chain of contracts, or equivalent arrangements (when the movement occurs between parties controlled by the same corporate or legal entity). Such contracts or equivalent arrangements must be executed by the exporter and the owner or operator, or both, of the recovery facility, and must specify responsibilities for each. Contracts or equivalent arrangements are valid for the purposes of this section only if persons assuming obligations under the contracts or equivalent arrangements have appropriate legal status to conduct the operations specified in the contract or equivalent arrangements.2. Contracts or equivalent arrangements must specify the name and identification number, where available, of subdivisions a through d of this subsection: a. The generator of each type of waste;b. Each person who will have physical custody of the wastes;c. Each person who will have legal control of the wastes; andd. The recovery facility.3. Contracts or equivalent arrangements must specify which party to the contract will assume responsibility for alternate management of the wastes if their disposition cannot be carried out as described in the notification of intent to export. In such cases, contracts must specify that:a. The person having actual possession or physical control over the wastes will immediately inform the exporter and the competent authorities of the countries of export and import and, if the wastes are located in a country of transit, the competent authorities of that country; andb. The person specified in the contract will assume responsibility for the adequate management of the wastes in compliance with applicable laws and regulations including, if necessary, arranging the return of wastes and, as the case may be, shall provide the notification for re-export. 4. Contracts must specify that the importer will provide the notification required in subsection 3 of section 33-24-03-52 prior to the re-export of controlled wastes to a third country.5. Contracts or equivalent arrangements must include provisions for financial guarantees, if required by the competent authorities of any countries concerned, in accordance with applicable national or international law requirements. [Note to subsection 5: Financial guarantees so required are intended to provide for alternate recycling, disposal, or other means of sound management of the wastes in cases where arrangements for the shipment and the recovery operations cannot be carried out as foreseen. The United States does not require such financial guarantees at this time; however, some Organization for Economic Cooperation and Development member countries do. It is the responsibility of the exporter to ascertain and comply with such requirements; in some cases, transporters or importers may refuse to enter into the necessary contracts absent specific references or certifications to financial guarantees.]
6. Contracts or equivalent arrangements must contain provisions requiring each contracting party to comply with all applicable requirements of sections 33-24-03-50 through 33-24-03-59.7. Upon request by the environmental protection agency, United States exporters, importers, or recovery facilities must submit to the environmental protection agency copies of contracts, chain of contracts, or equivalent arrangements (when the movement occurs between parties controlled by the same corporate or legal entity). Information contained in the contracts or equivalent arrangements for which a claim of confidentiality is asserted in accordance with 40 CFR 2.203(b) will be treated as confidential and will be disclosed by the environmental protection agency only as provided in 40 CFR 260.2. [Note to subsection 7: Although the United States does not require routine submission of contracts at this time, the Organization for Economic Cooperation and Development decision allows member countries to impose such requirements. When other Organization for Economic Cooperation and Development member countries require submission of partial or complete copies of the contract as a condition to granting consent to proposed movements, the environmental protection agency will request the required information; absent submission of such information, some Organization for Economic Cooperation and Development member countries may deny consent for the proposed movement.]
N.D. Admin Code 33-24-03-55
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