Section 33-24-03-57 - Reporting and recordkeeping1.Annual reports. For all waste movements subject to sections 33-24-03-50 through 33-24-03-59, persons (for example, exporters and recognized traders) who meet the definition of primary exporter in section 33-24-03-18 or who initiate the movement documentation under section 33-24-03-54 shall file an annual report with 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, no later than March 1 of each year summarizing the types, quantities, frequency, and ultimate destination of all such hazardous waste exported during the previous calendar year. (If the primary exporter or the person who initiates the movement document under section 33-24-03-54 is required to file an annual report for waste exports that are not covered under sections 33-24-03-50 through 33-24-03-59, the primary exporter or the person who initiates the movement document under section 33-24-03-54 may include all export information in one report provided the following information on exports of waste destined for recovery within the designated Organization for Economic Cooperation and Development member countries is contained in a separate section.) Such reports shall include all of the following: a. The identification number, name, and mailing and site address of the exporter filing the report;b. The calendar year covered by the report;c. The name and site address of each final recovery facility;d. By final recovery facility, for each hazardous waste exported, a description of the hazardous waste, the hazardous waste number (from sections 33-24-02-10 through 33-24-02-19), designation of waste types and applicable waste codes from the appropriate Organization for Economic Cooperation and Development waste list incorporated by reference in subsection 4 of section 33-24-03-59, department of transportation hazard class, the name and identification number (where applicable) for each transporter used, the total amount of hazardous waste shipped pursuant to sections 33-24-03-50 through 33-24-03-59, and number of shipments pursuant to each notification;e. In even numbered years, for each hazardous waste exported, except for hazardous waste produced by exporters of greater than one hundred kilograms but less than one thousand kilograms in a calendar month, and except for hazardous waste for which information was already provided pursuant to section 33-24-03-14. (1) A description of the efforts undertaken during the year to reduce the volume and toxicity of the waste generated; and(2) A description of the changes in volume and toxicity of the waste actually achieved during the year in comparison to previous years to the extent such information is available for years prior to 1984; andf. A certification signed by the person acting as primary exporter or initiator of the movement document under section 33-24-03-54 that states: 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.
2.Exception reports. Any person who meets the definition of primary exporter in section 33-24-03-18 or who initiates the movement document under section 33-24-03-54 must file an exception report in lieu of the requirements of section 33-24-03-15 (if applicable) with 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, if any of the following occurs: a. The primary exporter or the person who initiates the movement document has not received a copy of the hazardous waste manifest (if applicable) signed by the transporter identifying the point of departure of the waste from the United States, within forty-five days from the date it was accepted by the initial transporter;b. Within ninety days from the date the waste was accepted by the initial transporter, the exporter has not received written confirmation from the recovery facility that the hazardous waste was received;c. The waste is returned to the United States.3.Recordkeeping.a. Persons who meet the definition of primary exporter in section 33-24-03-18 or who initiate the movement document under section 33-24-03-54 shall keep the following records: (1) A copy of each notification of intent to export and all written consents obtained from the competent authorities of countries concerned for a period of at least three years from the date the hazardous waste was accepted by the initial transporter;(2) A copy of each annual report for a period of at least three years from the due date of the report;(3) A copy of any exception reports and a copy of each confirmation of delivery (for example, movement document) sent by the recovery facility to the exporter for at least three years from the date the hazardous waste was accepted by the initial transporter or received by the recovery facility, whichever is applicable; and(4) A copy of each certificate of recovery sent by the recovery facility to the exporter for at least three years from the date that the recovery facility completed processing the waste shipment.b. The periods of retention referred to in this section are extended automatically during the course of any unresolved enforcement action regarding the regulated activity or as requested by the administrator or the department.N.D. Admin Code 33-24-03-57
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