SECTION 334.500. Recordkeeping Requirements Applicable to Owners or Operators of Storage, Treatment, or Disposal Facilities

(a) All records required by this subchapter shall be retained by the facility owner or operator for a minimum of five years from the date of receipt of the waste. The records shall be maintained in a secure location on the premises of the storage, treatment, or disposal facility and shall be immediately accessible by the facility owner and operator. In the event that copies of the required records cannot reasonably be maintained on the premises of the facility, such records may be maintained at a readily- accessible alternate site, provided that the following conditions are met.

(1) If the facility is in operation, the records shall be readily accessible for reference by the facility owner and operator.

(2) The records shall be readily accessible and available for inspection and copying upon request by agency personnel.

(3) The facility owner or operator shall provide the following information in writing to the agency's central office:

(A) the specific location where the required records are maintained; and

(B) the name, address, and telephone number of the authorized custodian of the records.

(4) The written information required in paragraph (3) of this subsection shall be submitted with the application for registration and within 15 days after the records are moved to an alternate site from that specified in the registration.

(b) For facilities which have completed the closure requirements and are no longer in service, the facility owner may submit the appropriate records required by this subchapter to the agency in lieu of maintaining the records on the premises or at an alternate site, provided that the following conditions are met:

(1) the facility owner shall provide written justification adequate to explain why the records cannot be maintained at a readily-accessible alternate site; and

(2) the records shall be submitted at one time in one package for each facility, and the records shall be appropriately labeled with the facility identification number and location information.

(c) A facility owner or operator who initiates a shipment of petroleum-substance waste from a treatment or storage facility shall comply with the generator standards contained in §334.496 of this title (relating to Shipping Procedures Applicable to Generators of Petroleum-Substance Waste) and §334.497 of this title (relating to Recordkeeping and Reporting Procedures Applicable to Generators) and this subsection.

(d) The periods of record retention required by this subsection may be extended by the agency during the course of any unresolved enforcement action regarding the regulated activity.

(e) The following information, at a minimum, shall be maintained by the facility owner or operator:

(1) documentation on all shipments of contaminated media received at the facility as specified on the waste manifest;

(2) the method(s) of storage or treatment for all media received;

(3) the method of reuse or disposal of all wastes removed from the facility including:

(A) the location of final disposition;

(B) the quantity and contaminant levels of wastes placed at any and every location;

(C) the name, work address, and work phone number of the authorized representative for the receiving facility or location. If the receiving facility cannot be identified by street address, other specifics shall be included to adequately identify the exact location;

(D) the name, work address, and work phone number of the authorized representative for the landowner at the receiving location;

(E) documentation on the soil sampling and analytical methods, chain-of-custody, and all analytical results for the soil received at the facility and transported off-site or reused on-site;

(F) a detailed description of the reuse methods;

(G) the date(s) of transport off-site and the dates of reuse;

(H) legible copies of the authorization from the landowner at the receiving location pursuant to §334.503 of this title (relating to Reuse of Petroleum-Substance Waste);

(4) documentation on the operations at the facility, including:

(A) information on the actual treatment efficiency of the unit;

(B) documentation on the results of all air emissions monitoring;

(C) any changes in the operations at the facility;

(D) documentation on any releases, fires, or explosions and the measures taken to abate the situation;

(5) monitoring data under §334.504 of this title (relating to Contaminant Assessment Program and Corrective Action) when required;

(6) a summary of the types and volumes of any petroleum-substance waste received without manifests. This documentation shall include the following information:

(A) the dates the facility received the wastes;

(B) the leaking petroleum storage tank or other identification number of the generating facility, and the names and addresses of the tank owner or operator and the transporter, if available;

(C) a description and the quantity of each petroleum-substance waste the facility received which was not accompanied by a Petroleum Storage Tank-Waste Manifest;

(D) the method of storage and/or treatment for each petroleum-substance waste;

(7) any other information deemed necessary by the agency.

Source Note: The provisions of this §334.500 adopted to be effective December 27, 1996, 21 TexReg 12177; amended to be effective November 23, 2000, 25 TexReg 11442