Each generator of petroleum-substance waste shall comply with the following.
(1) The generator shall keep records of all petroleum-substance
waste activities regarding the quantities generated and shipped off-site for
storage, treatment, or disposal and which, at a minimum, includes the information
described in paragraphs (1) - (5) of this section. The maintained records
shall be retrievable, legible, and immediately available for inspection and
copying by agency personnel. The required records shall be sufficiently detailed
and complete to support any contentions or claims made by the generator with
respect to the following:
(A) the description, character, and classification of each
waste;
(B) the quantity of waste and the date(s) it was generated;
(C) identification of the generating location and the tank
owner or operator;
(D) the methods of storage, treatment, or disposal;
(E) the quantity and date(s) the waste was shipped off-site
for storage, treatment, or disposal including the name, address, and location
of each off-site facility and transporter receiving shipments.
(2) The generator shall retain a legible copy of each waste
manifest required by §334.496 of this title (relating to Shipping Procedures
Applicable to Generators of Petroleum-Substance Waste) for a minimum of five
years from the date of shipment by the generator.
(3) A generator of petroleum-substance waste shall keep records
of all test results, waste analyses, or other determinations made for at least
five years from the date that the waste was last sent to an off-site storage,
treatment, disposal, or reuse area or facility.
(4) A generator who does not receive a copy of the manifest
with the handwritten signature of the owner or operator of the designated
facility within 35 days from the date the waste was accepted by the initial
transporter shall contact the transporter and/or the owner or operator of
the designated facility to determine the status of the petroleum-substance
waste.
(5) A generator shall submit an exception report to the agency
if the generator has not received a copy of the manifest with the handwritten
signature of the owner or operator of the designated facility within 45 days
of the date that the waste was accepted by the initial transporter. The exception
report shall be retained by the generator for at least five years from the
date the waste was accepted by the initial transporter and shall include:
(A) a legible copy of the manifest for which the generator
does not have confirmation of delivery; and
(B) a legible copy of a letter signed by the generator or his
authorized representative explaining the efforts taken to locate the waste
and the results of those efforts.
(6) The periods of record retention required by this section
may be extended by the agency during the course of any unresolved enforcement
action regarding the regulated activity.
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