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§35.6120. Notification of the out-of-State or out-of-an-Indian-Tribal-area-of-Indian-country transfer of CERCLA waste.

40 C.F.R. § 35.6120

(a)
The recipient must provide written notification of off-site shipments of CERCLA waste from a site to an out-of-State or out-of-an-Indian-Tribal-area-of-Indian-country waste management facility to:
(1)
The appropriate State environmental official for the State in which the waste management facility is located; and/or
(2)
An appropriate official of an Indian Tribe in whose area of Indian country the waste management facility is located; and
(3)
The EPA Award Official.
(b)
The notification of off-site shipments does not apply when the total volume of all such shipments from the site does not exceed 10 cubic yards.
(c)
The notification must be in writing and must provide the following information, where available:
(1)
The name and location of the facility to which the CERCLA waste is to be shipped;
(2)
The type and quantity of CERCLA waste to be shipped;
(3)
The expected schedule for the shipments of the CERCLA waste; and
(4)
The method of transportation of the CERCLA waste.
(d)
The recipient must notify the State or Indian Tribal government in which the planned receiving facility is located of major changes in the shipment plan, such as a decision to ship the CERCLA waste to another facility within the same receiving State, or to a facility in another State.
(e)
The recipient must provide relevant information on the off-site shipments, including the information in paragraph (c) of this section, as soon as possible after the award of the contract and, where practicable, before the CERCLA waste is actually shipped.
Notes, amendments, and revision history

Authority

Authority: 42 U.S.C. 9601 et seq.

Source

Source: 72 FR 24504, May 2, 2007, unless otherwise noted.

Authority

Authority: 42 U.S.C. 7401 et seq.; 33 U.S.C. 1251 et seq.; 42 U.S.C. 300f et seq.; 42 U.S.C. 6901 et seq.; 7 U.S.C. 136 et seq.; 15 U.S.C. 2601 et seq.; 42 U.S.C. 13101 et seq.; Pub. L. 104-134, 110 Stat. 1321, 1321-299 (1996); Pub. L. 105-65, 111 Stat. 1344, 1373 (1997), 2 CFR 200.