1) The printed name and official title of an authorized representative of the hazardous secondary material generator company, the authorized representative’s signature, and the date signed.
2) The following language: “I hereby certify in good faith and to the best of my knowledge that, prior to arranging for transport of excluded hazardous secondary material to [insert name of reclamation facility and any intermediate facility], reasonable efforts were made in accordance with s. NR 661.0004 (1) (x) 5. b. to ensure that the hazardous secondary material would be recycled legitimately, and otherwise managed in a manner that is protective of human health and the environment, and that such efforts were based on current and accurate information.”
NR 661.0004(1)(x)5.d.d. The hazardous secondary material generator shall maintain at the generating facility, for no less than 3 years, records of all off-site shipments of hazardous secondary material. For each shipment, those records shall, at a minimum, contain all of the following information:
1) The name of the transporter and date of the shipment.
2) The name and address of each reclaimer and, if applicable, the name and address of each intermediate facility to which the hazardous secondary material was sent.
3) The type and quantity of hazardous secondary material in the shipment.
NR 661.0004(1)(x)5.e.e. The hazardous secondary material generator shall maintain at the generating facility, for no less than 3 years, confirmations of receipt from each reclaimer and, if applicable, each intermediate facility for all off-site shipments of hazardous secondary material. Confirmations of receipt shall include the name and address of the reclaimer or intermediate facility, the type and quantity of the hazardous secondary material received, and the date on which the hazardous secondary material were received. This requirement may be satisfied by routine business records, such as financial records, bills of lading, copies of DOT shipping papers, or electronic confirmations of receipt.
NR 661.0004(1)(x)5.f.f. The hazardous secondary material generator complies with the emergency preparedness and response conditions in subch. M.
NR 661.0004(1)(x)6.6. Reclaimers of hazardous secondary material excluded from regulation under this exclusion and intermediate facilities as defined in s. NR 660.10 (65m) shall satisfy all of the following conditions:
NR 661.0004(1)(x)6.a.a. The reclaimer and intermediate facility shall maintain at its facility, for no less than 3 years, records of all shipments of hazardous secondary material that were received at the facility and, if applicable, for all shipments of hazardous secondary material that were received and subsequently sent off-site from the facility for further reclamation. For each shipment, these records shall at a minimum contain all of the following information:
1) The name of the transporter and date of the shipment.
2) The name and address of the hazardous secondary material generator and, if applicable, the name and address of the reclaimer or intermediate facility from which the hazardous secondary material were received.
3) The type and quantity of hazardous secondary material in the shipment.
4) For hazardous secondary material that, after being received by the reclaimer or intermediate facility, were subsequently transferred off-site for further reclamation, the name and address of the subsequent reclaimer and, if applicable, the name and address of each intermediate facility to which the hazardous secondary material was sent.
NR 661.0004(1)(x)6.b.b. The intermediate facility shall send the hazardous secondary material to the reclaimers designated by the hazardous secondary material generator.
NR 661.0004(1)(x)6.c.c. The reclaimer and intermediate facility shall send to the hazardous secondary material generator confirmations of receipt for all off-site shipments of hazardous secondary material. Confirmations of receipt shall include the name and address of the reclaimer or intermediate facility, the type and quantity of the hazardous secondary material received, and the date on which the hazardous secondary material were received. This requirement may be satisfied by routine business records, such as financial records, bills of lading, copies of DOT shipping papers, or electronic confirmations of receipt.
NR 661.0004(1)(x)6.d.d. The reclaimer and intermediate facility shall manage the hazardous secondary material in a manner that is at least as protective as that employed for analogous raw material and the hazardous secondary material shall be contained. “Analogous raw material” means a raw material for which a hazardous secondary material is a substitute and that serves the same function and has similar physical and chemical properties as the hazardous secondary material.
NR 661.0004(1)(x)6.e.e. Any residuals that are generated from reclamation processes will be managed in a manner that is protective of human health and the environment. If any residuals exhibit a hazardous characteristic according to subch. C of ch. NR 661, or if the residuals are specifically listed in subch. D of ch. NR 661, the residuals are hazardous wastes and shall be managed in accordance with the applicable requirements under chs. NR 660 through 670.
NR 661.0004(1)(x)6.f.f. The reclaimer and intermediate facility have financial assurance as required under subch. H of ch. NR 661.
NR 661.0004(1)(x)7.7. All persons claiming the exclusion under this paragraph shall provide notification as required under s. NR 660.42.
NR 661.0004(1)(y)(y) Hazardous secondary material that is exported from the United States and reclaimed at a reclamation facility located in a foreign country is not a solid waste, provided that the hazardous secondary material generator complies with the applicable requirements under par. (x) 1. to 5., excepting par. (x) 5. b. 2) for foreign reclaimers and foreign intermediate facilities, and that the hazardous secondary material generator also complies with all of the following requirements:
NR 661.0004(1)(y)1.1. The hazardous secondary material generator shall notify EPA of an intended export before the hazardous secondary material is scheduled to leave the United States. A complete notification shall be submitted 60 days before the initial shipment is intended to be shipped off-site. The notification may cover export activities extending over a 12 month or lesser period. The notification shall be in writing, signed by the hazardous secondary material generator, and include all of the following information:
NR 661.0004(1)(y)1.a.a. The name, mailing address, telephone number and EPA ID number, if applicable, of the hazardous secondary material generator.
NR 661.0004(1)(y)1.b.b. A description of the hazardous secondary material and the EPA hazardous waste number that would apply if the hazardous secondary material were managed as hazardous waste and the U.S. DOT proper shipping name, hazard class and ID number (UN/NA) for each hazardous secondary material as identified in 49 CFR parts 171 to 177.
NR 661.0004(1)(y)1.c.c. The estimated frequency or rate at which the hazardous secondary material is to be exported and the period of time over which the hazardous secondary material is to be exported.
NR 661.0004(1)(y)1.d.d. The estimated total quantity of hazardous secondary material.
NR 661.0004(1)(y)1.e.e. All points of entry to and departure from each foreign country through which the hazardous secondary material will pass.
NR 661.0004(1)(y)1.f.f. A description of the means by which each shipment of the hazardous secondary material will be transported, such as mode of transportation vehicle (air, highway, rail, water, etc.), type of container (drums, boxes, tanks, etc.).
NR 661.0004(1)(y)1.g.g. A description of the manner in which the hazardous secondary material will be reclaimed in the country of import.