Md. Code Regs. 26.13.03.02-2

Current through Register Vol. 51, No. 12, June 14, 2024

Section 26.13.03.02-2 - Hazardous Waste Determination - Record Keeping Requirements

A. A person who generates hazardous waste and who does not meet the criteria to be considered a Maryland-defined small quantity generator shall maintain records that support the generator's hazardous waste determinations, including records that identify whether a solid waste is a hazardous waste as defined by COMAR 26.13.02.03.

B. Record Retention Period.

(1) A generator who is required under §A of this regulation to maintain records of a hazardous waste determination shall maintain the records for at least 3 years from the date that the waste was last sent to on-site or off-site treatment, storage, or disposal.

(2) The period of record retention specified in §B(1) of this regulation is extended automatically during the course of any unresolved enforcement action regarding the regulated activity or as requested by the Department.

C. A person required to maintain records under §A of this regulation shall ensure that the records:

(1) Comprise the generator's knowledge of the waste and support the generator's determinations made in accordance with Regulation .02-1B-D of this chapter; and

(2) Include, at a minimum, the following types of information:

(a) The results of any tests, sampling, waste analyses, or other determinations made in accordance with Regulations .02 and .02-1 of this chapter;

(b) Records documenting the tests and sampling referenced in §C(2)(a) of this regulation, and information on analytical methods used to demonstrate the validity and relevance of such tests;

(c) Records that were consulted in order to determine the process by which the waste was generated, the composition of the waste, and the properties of the waste; and

(d) Records that explain the basis for the knowledge that the generator relied on in determining whether a waste exhibits a characteristic of hazardous waste, in accordance with Regulation .02-1D of this chapter.

Md. Code Regs. 26.13.03.02-2

Regulations .02-2 adopted effective 48:9 Md. R. 360, eff. 5/3/2021