(a) A copy of the permit or registration, the approved
permit or registration application, and any other required plan or
other related document shall be maintained at the municipal solid
waste facility at all times during construction. After completion
of construction, an as-built set of construction plans and specifications
shall be maintained at the facility or at an alternative location
approved by the executive director. These plans shall be made available
for inspection by agency representatives or other interested parties.
These documents shall be considered a part of the operating record
for the facility.
(b) The owner or operator shall promptly record and
retain in an operating record, the following information:
(1) all location-restriction demonstrations;
(2) inspection records and training procedures;
(3) closure plans and any monitoring, testing, or analytical
data relating to closure requirements;
(4) all cost estimates and financial assurance documentation
relating to financial assurance for closure;
(5) copies of all correspondence and responses relating
to the operation of the facility, modifications to the permit, approvals,
and other matters pertaining to technical assistance;
(6) all documents, manifests, shipping documents, trip
tickets, etc., involving special waste;
(7) any other document(s) as specified by the approved
authorization or by the executive director;
(8) record retention provisions for trip tickets as
required by §312.145 of this title (relating to Transporters--Recordkeeping);
and
(9) recordkeeping provisions to justify, on a quarterly
basis, that the relevant percentage of the incoming waste is processed
to recover recycled products for applicable facilities. Failure to
achieve the relevant percent recycling rate in any two quarters within
any one-year period will cause a change in a facility's status and
require the owner or operator of the facility to obtain a registration
or permit, as appropriate, to continue facility operations. The owner
or operator shall submit an annual report to the executive director
by March 1st summarizing the recycling activities and percent of incoming
solid waste that was recycled during the past calendar year.
(c) For signatories to reports, the following conditions
apply.
(1) The owner or operator shall sign all reports and
other information requested by the executive director as described
in §305.44(a) of this title (relating to Signatories to Applications)
or by a duly authorized representative of the owner or operator. A
person is a duly authorized representative only if:
(A) the authorization is made in writing by the owner
or operator as described in §305.44(a) of this title;
(B) the authorization specifies either an individual
or a position having responsibility for the overall operation of the
regulated facility or activity or for environmental matters for the
owner or operator, such as the position of plant manager, environmental
manager, or a position of equivalent responsibility. A duly authorized
representative may thus be either a named individual or any individual
occupying a named position; and
(C) the written authorization is submitted to the executive
director.
(2) If an authorization under this section is no longer
accurate because of a change in individuals or position, a new authorization
satisfying the requirements of this section must be submitted to the
executive director prior to, or together with, any reports, information,
or applications to be signed by an authorized representative.
(3) Any person signing a report shall make the certification
in §305.44(b) of this title.
(d) For permitted municipal solid waste composting
and landfill mining facilities, the operator shall maintain records
on-site, available for inspection by the executive director for a
period consisting of the two most recent calendar years, except as
noted in paragraphs (1) - (3) of this subsection. The records must
consist of the following:
(1) a log of abnormal events at the facility, including,
but not limited to, hazardous constituents uncovered, fires, explosions,
process disruptions, extended equipment failures, injuries, and weather
damage;
(2) results of final product testing required by §330.613
of this title (relating to Sampling and Analysis Requirements for
Final Soil Product) or §332.71 of this title (relating to Sampling
and Analysis Requirements for Final Product); and
(3) copies of the annual report for the five most recent
calendar years.
(e) All information contained in the operating record
shall be furnished upon request to the executive director and shall
be made available at all reasonable times for inspection by the executive
director.
(f) The owner or operator shall retain all information
contained within the operating record and the different plans required
for the facility for the life of the facility.
(g) The executive director may set alternative schedules
for recordkeeping and notification requirements as specified in subsections
(a) - (e) of this section.
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