42 U.S.C. § 6938 : US Code - Section 6938: Export of hazardous wastes

Search 42 U.S.C. § 6938 : US Code - Section 6938: Export of hazardous wastes

(a) In general
Beginning twenty-four months after November 8, 1984, no person
shall export any hazardous waste identified or listed under this
subchapter unless (!1)
(1)(A) such person has provided the notification required in
subsection (c) of this section,
(B) the government of the receiving country has consented to
accept such hazardous waste,
(C) a copy of the receiving country's written consent is
attached to the manifest accompanying each waste shipment, and
(D) the shipment conforms with the terms of the consent of the
government of the receiving country required pursuant to
subsection (e) of this section, or
(2) the United States and the government of the receiving
country have entered into an agreement as provided for in
subsection (f) of this section and the shipment conforms with the
terms of such agreement.
(b) Regulations
Not later than twelve months after November 8, 1984, the
Administrator shall promulgate the regulations necessary to
implement this section. Such regulations shall become effective one
hundred and eighty days after promulgation.
(c) Notification
Any person who intends to export a hazardous waste identified or
listed under this subchapter beginning twelve months after November
8, 1984, shall, before such hazardous waste is scheduled to leave
the United States, provide notification to the Administrator. Such
notification shall contain the following information:
(1) the name and address of the exporter;
(2) the types and estimated quantities of hazardous waste to be
exported;
(3) the estimated frequency or rate at which such waste is to
be exported; and the period of time over which such waste is to
be exported;
(4) the ports of entry;
(5) a description of the manner in which such hazardous waste
will be transported to and treated, stored, or disposed in the
receiving country; and
(6) the name and address of the ultimate treatment, storage or
disposal facility.
(d) Procedures for requesting consent of receiving country
Within thirty days of the Administrator's receipt of a complete
notification under this section, the Secretary of State, acting on
behalf of the Administrator, shall -
(1) forward a copy of the notification to the government of the
receiving country;
(2) advise the government that United States law prohibits the
export of hazardous waste unless the receiving country consents
to accept the hazardous waste;
(3) request the government to provide the Secretary with a
written consent or objection to the terms of the notification;
and
(4) forward to the government of the receiving country a
description of the Federal regulations which would apply to the
treatment, storage, and disposal of the hazardous waste in the
United States.
(e) Conveyance of written consent to exporter
Within thirty days of receipt by the Secretary of State of the
receiving country's written consent or objection (or any subsequent
communication withdrawing a prior consent or objection), the
Administrator shall forward such a consent, objection, or other
communication to the exporter.
(f) International agreements
Where there exists an international agreement between the United
States and the government of the receiving country establishing
notice, export, and enforcement procedures for the transportation,
treatment, storage, and disposal of hazardous wastes, only the
requirements of subsections (a)(2) and (g) of this section shall
apply.
(g) Reports
After November 8, 1984, any person who exports any hazardous
waste identified or listed under section 6921 of this title shall
file with the Administrator no later than March 1 of each year, a
report summarizing the types, quantities, frequency, and ultimate
destination of all such hazardous waste exported during the
previous calendar year.
(h) Other standards
Nothing in this section shall preclude the Administrator from
establishing other standards for the export of hazardous wastes
under section 6922 of this title or section 6923 of this title.