Ala. Admin. Code r. 335-14-3-.04

Current through Register Vol. 42, No. 11, August 30, 2024

Section 335-14-3-.04 - Recordkeeping And Reporting Applicable To Small And Large Quantity Generators

(1)Recordkeeping.

(a) A generator must keep a copy of each manifest signed in accordance with 335-14-3-.02(4)(a) for three years or until he receives a signed copy from the designated facility which received the waste. This signed copy must be retained as a record for at least three years from the date the waste was accepted by the initial transporter.

(b) A generator must keep a copy of each Biennial Report, Exception Report, and Closure Report for a period of at least three years from the due date of the report.

(c) See 335-14-3-.01(2)(f) for recordkeeping requirements for documenting hazardous waste determinations.

(d) The periods of retention referred to in 335-14-3-.04(1) are extended automatically during the course of any unresolved enforcement action regarding the regulated activity or as requested by the Department.

(e) All records, including plans, required under 335-14-3 must be furnished upon request, and made available at reasonable times for inspection by any officer, employee, or representative of the Department.

(2)Biennial report for large quantity generators.

(a) A generator that is a large quantity generator for at least one month of an odd-numbered year (reporting year) who ships any hazardous waste off-site to a treatment, storage, or disposal facility within the United States must prepare and submit a single copy of a Biennial Report to the Department by March 1 of each even numbered year. The Biennial Report must be submitted on the Hazardous Waste Generator Biennial Report form supplied by the Department and must cover generator activities during the previous calendar year and must include the following information:

1. The EPA identification number, name, and address of the generator;

2. The calendar year covered by the report;

3. The EPA identification number, name, and location address for each off-site treatment, storage, or disposal facility in the United States to which waste was shipped during the year;

4. The name and EPA identification number of each transporter used during the reporting year for shipments to a treatment, storage, or disposal facility within the United States;

5. A description, EPA hazardous waste number, United States Department of Transportation hazard class, and quantity of each hazardous waste shipped off-site for shipments to a treatment, storage, or disposal facility within the United States. This information must be listed by EPA identification number of each such off-site facility to which waste was shipped;

6. A description of the efforts undertaken during the year to reduce the volume and toxicity of waste generated.

7. A description of the changes in volume and toxicity of waste actually achieved during the year in comparison to previous years to the extent such information is available for years prior to 1984.

8. The certification signed by the generator or authorized representative; and

9. Any other information requested in the instructions to the Hazardous Waste Generator Biennial Report form.

(b) Any generator that is a large quantity generator for at least one month of an odd-numbered year (reporting year) who treats, stores, or disposes of hazardous waste on-site must submit a biennial report covering those wastes in accordance with the provisions of Chapters 335-14-5, 335-14-6, 335-14-7, and 335-14-8. This requirement also applies to large quantity generators that receive hazardous waste from very small quantity generators pursuant to 335-14-3-.01(7)(f).

(c) Exports of hazardous waste to foreign countries are not required to be reported on the Biennial Report form. A separate annual report requirement is set forth in Rule 335-14-3-.09(4).

(3)Exception reporting.

(a)

1. A Large Quantity 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 of the date the waste was accepted by the initial transporter must contact the transporter and/or the owner or operator of the designated facility to determine the status of the hazardous waste.

2. A Large Quantity Generator must submit an Exception Report to the Department if he 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 the waste was accepted by the initial transporter. The Exception Report must include:

(i) A legible copy of the manifest for which the generator does not have confirmation of delivery; and

(ii) A cover letter signed by the generator or his authorized representative explaining the efforts taken to locate the hazardous waste and the results of those efforts.

(b) A Small Quantity Generator who does not receive a copy of the manifest with the handwritten signature of the owner or operator of the designated facility within 60 days of the date the waste was accepted by the initial transporter must submit a legible copy of the manifest, with some indication that the generator has not received confirmation of delivery, to the Department.

(c) A generator must notify the Department in writing within 15 days after receiving a manifest that was the subject of a previous Exception Report submitted to the Department. This notification must include a legible copy of the manifest returned to the generator by the designated facility.

(d) For rejected shipments of hazardous waste or container residues contained in non-empty containers that are forwarded to an alternate facility by a designated facility using a new manifest [following the procedures of 335-14-5-.05(3)(e)1. through 6. or 335-14-6-.05(3)(e)1. through 6.] the generator must comply with the requirements of 335-14-3-.04(3)(a) or (b), as applicable, for the shipment forwarding the material from the designated facility to the alternate facility instead of for the shipment from the generator to the designated facility. For purposes of 335-14-3-.04(3)(a) or (b) for a shipment forwarding such waste to an alternate facility by a designated facility:

1. The copy of the manifest received by the generator must have the handwritten signature of the owner or operator of the alternate facility in place of the signature of the owner or operator of the designated facility, and

2. The 35-, 45-, and 60-day timeframes begin the date the waste was accepted by the initial transporter forwarding the hazardous waste shipment from the designated facility to the alternate facility.

(4)Additional reporting. The Department, as it deems necessary, may require generators to furnish additional reports concerning the quantities and disposition of wastes identified or listed in Chapter 335-14-2.

(5)Recordkeeping for Small Quantity Generators. A small quantity generator is subject only to the following independent requirements in 335-14-3-.04:

(a)335-14-3-.04(1)(a), (c), (d) and (e), recordkeeping;

(b)335-14-3-.04(3)(b), exception reporting; and

(c)335-14-3-.04(4), additional reporting.

Ala. Admin. Code r. 335-14-3-.04

November 19, 1980. Amended: April 9, 1986; September 29, 1986; August 24, 198 9; December 6, 1990. Amended: Filed February 21, 1997; effective March 28, 1997. Amended: Filed March 9, 2001; effective April 13, 2001. Amended: Filed February 24, 2005; effective March 31, 2005. Amended: Filed February 28, 2006; effective April 4, 2006. Amended: Filed February 27, 2007; effective April 3, 2007. Amended: Filed April 22, 2008; effective May 27, 2008. Amended: Filed February 24, 2009; effective March 31, 2009. Amended: Filed February 23, 2011; effective March 30, 2011.

Amended by Alabama Administrative Monthly Volume XXXV, Issue No. 05, February 28, 2017, eff. 3/31/2017.

Amended by Alabama Administrative Monthly Volume XXXVI, Issue No. 05, February 28, 2018, eff. 4/6/2018.

Amended by Alabama Administrative Monthly Volume XXXIX, Issue No. 03, December 31, 2020, eff. 2/14/2021.

Amended by Alabama Administrative Monthly Volume XLI, Issue No. 07, April 28, 2023, eff. 6/12/2023.

Author: Stephen C. Maurer; Michael B. Champion, C. Edwin Johnston; Bradley N. Curvin; Theresa A. Maines; Heather M. Jones; Metz P. Duites; Vernon H. Crockett; Sonja B. Favors; Brent A. Watson; Jonah L. Harris

Statutory Authority:Code of Ala. 1975, §§ 22-30-11, 22-30-14, 22-30-17, 22-30-18.