Section 662.085. Contracts.

 

(1)  Transfrontier movements of hazardous wastes subject to amber or red 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). The contracts or equivalent arrangements shall be executed by the notifier and the owner or operator of the recovery facility, and shall 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 arrangement.

(2)  Contracts or equivalent arrangements shall specify the name and EPA ID number, where available, of all of the following:

(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.

(d) The recovery facility.

(3)  Contracts or equivalent arrangements shall specify which party to the contract will assume responsibility for alternate management of the wastes if its disposition cannot be carried out as described in the notification of intent to export. In those cases, contracts shall specify that:

(a) The person having actual possession or physical control over the wastes will immediately inform the notifier and the competent authorities of the exporting and importing countries and, if the wastes are located in a country of transit, the competent authorities of that country.

(b) 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 their return to the original country of export.

(4)  Contracts shall specify that the consignee will provide the notification required in s. NR 662.082 (3) prior to re-export of controlled wastes to a third country.

(5)  Contracts or equivalent arrangements shall include provisions for financial guarantees, if required by the competent authorities of any concerned country, in accordance with applicable national or international law requirements.

(6)  Contracts or equivalent arrangements shall contain provisions requiring each contracting party to comply with all applicable requirements of this subchapter.

(7)  Upon request by EPA, U.S. notifiers, consignees or recovery facilities shall submit to EPA 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) shall be treated as confidential and shall be disclosed by EPA only as provided in 40 CFR 260.2 .

History: CR 05-032 : cr. Register July 2006 No. 607 , eff. 8-1-06.

Note

Note: 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 U.S. does not require financial guarantees at this time; however, some OECD countries do. It is the responsibility of the notifier to ascertain and comply with those requirements. In some cases, transporters or consignees may refuse to enter into the necessary contracts absent specific references or certifications to financial guarantees. Microsoft Windows NT 6.1.7601 Service Pack 1 Note: Although the U.S. does not require routine submission of contracts at this time, OECD Council Decision C(92)39/FINAL allows members to impose those requirements. When other OECD countries require submission of partial or complete copies of the contract as a condition to granting consent to proposed movements, EPA will request the required information. Absent submission of the information, some OECD countries may deny consent for the proposed movement. Microsoft Windows NT 6.1.7601 Service Pack 1