(a) All U.S. parties subject to the contract provisions of Sec. 262.85 must ensure that a movement document meeting the conditions of paragraph (b) 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 and/or sorted by the importer prior to shipment to the final recovery facility, except as provided in paragraphs (a)(1) and (2) of this section.
(1) 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 Sec. 262.23(c)).
(2) 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 Sec. 262.23(d)) to the next non-rail transporter, if any, or the last rail transporter to handle the waste in the United States if exported by rail.
(b) The movement document must include all information required under Sec. 262.83 (for notification), as well as the following paragraphs (b)(1) through (b)(7) of this section:
(1) Date movement commenced;
(2) Name (if not exporter), address, telephone, fax numbers, and e-mail of primary exporter;
(3) Company name and EPA ID number of all transporters;
(4) Identification (license, registered name or registration number) of means of transport, including types of packaging envisaged;
(5) Any special precautions to be taken by transporter(s);
(6) Certification/declaration 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; OR
2. The shipment is directed to a recovery facility within the OECD area and no objection has been received from any of the countries concerned within the thirty (30) day tacit consent period; OR
3. The shipment is directed to a recovery facility pre-approved for that type of waste within the OECD 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:__________________________________________________________________
(7) Appropriate signatures for each custody transfer (e.g., transporter, importer, and owner or operator of the recovery facility).
(c) Exporters also must comply with the special manifest requirements of 40 CFR 262.54(a), (b), (c), (e), and (i) and importers must comply with the import requirements of 40 CFR part 262, subpart F.
(d) Each U.S. 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 (e.g., transporter, importer, and owner or operator of the recovery facility).
(e) Within three (3) working days of the receipt of imports subject to this subpart, the owner or operator of the U.S. 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, DC 20460, and to the competent authorities of the countries of export and transit. If the concerned U.S. recovery facility is a R12/R13 recovery facility as defined under Sec. 262.81, the facility shall retain the original of the movement document for three (3) years.