
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC6938]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                    CHAPTER 82--SOLID WASTE DISPOSAL
 
               SUBCHAPTER III--HAZARDOUS WASTE MANAGEMENT
 
Sec. 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\
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        (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.

(Pub. L. 89-272, title II, Sec. 3017, as added Pub. L. 98-616, title II, 
Sec. 245(a), Nov. 8, 1984, 98 Stat. 3262.)
