SECTION 334.497. Recordkeeping and Reporting Procedures Applicable to Generators

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.

Source Note: The provisions of this §334.497 adopted to be effective December 27, 1996, 21 TexReg 12177; amended to be effective November 23, 2000, 25 TexReg 11442