Md. Code Regs. 26.13.03.06

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

Section 26.13.03.06 - Record Keeping and Reporting

A. Record Keeping.

(1) A generator shall keep a copy of each manifest signed in accordance with Regulation .04A(1) for 3 years or until he receives a signed copy from the designated facility which received the waste. This signed copy shall be retained as a record for at least 3 years from the date the waste was accepted by the initial transporter.

(2) A generator shall keep a copy of each annual report or biennial report required under §B of this regulation, and each exception report required under §C of this regulation, for a period of at least 3 years from the due date of the report, or the date the report was submitted, whichever is later.

(3) A generator shall keep records documenting hazardous waste determinations in accordance with the requirements of Regulation .02-1 of this chapter.

(4) The periods of retention referred to in this section are extended automatically during the course of any unresolved enforcement action regarding the regulated activity or as requested by the Secretary.

B. Annual or Biennial Reporting.

(1) Except as provided in §B(5) of this regulation, a person who generates hazardous waste and ships it off-site to a facility within the United States shall:

(a) Periodically, submit reports to the Secretary concerning hazardous waste generated during the preceding calendar year on EPA Form 8700-13A/B, or on an alternate form provided by the Department;

(b) Submit the reports required by §B(1)(a) of this regulation with the following frequency:

(i) Annually, for reporting periods through December 31, 1995; and

(ii) Biennially, for reporting periods beginning January 1, 1997;

(c) Submit the reports required by §B(1)(a) of this regulation not later than:

(i) March 1 of the following year for reporting periods through December 31, 1995; and

(ii) March 1 of each even numbered year for the preceding calendar year for reporting periods beginning January 1, 1997; and

(d) Assure that the reports required by §B(1)(a) of this regulation contain, at a minimum, the following information, unless otherwise specified in the currently available currently applicable version of EPA Form 8700-13A/B:

(i) The EPA identification number, name, and address of the generator;

(ii) The calendar year covered by the report;

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

(iv) 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;

(v) For shipments of hazardous waste to a treatment, storage, or disposal facility within the United States, the description, the EPA or State hazardous waste number from COMAR 26.13.02, the DOT hazard class, and the quantity of each hazardous waste listed by the EPA identification number of each off-site facility to which waste was shipped;

(vi) A description of the efforts undertaken during the year to reduce the volume and toxicity of waste generated;

(vii) Except as provided in §B4 of this regulation, a description of the changes in the volume and toxicity of waste actually achieved during the year in comparison to previous years; and

(viii) The certification on EPA Form 8700-13A/B signed by the generator or authorized representative.

(2) A generator who treats, stores, or disposes of hazardous waste on-site shall submit an annual or biennial report covering those wastes in accordance with the provisions of COMAR 26.13.05.05F, 26.13.06.05A and B(3) and (4), 26.13.07.15E(3), and 26.13.10.

(3) Information on exports of hazardous waste is not required to be included in the report required by §B(1) and (2) of this regulation. Instead, exporters of hazardous waste shall comply with the annual reporting requirements of Regulation .07-2C of this chapter.

(4) Information required by §B(1)(d)(vii) of this regulation on changes in volume and toxicity of waste actually achieved in comparison to years before 1984 is only required to the extent that this information is available.

(5) The reporting requirement of this section does not apply to person who qualifies as a Maryland-defined small quantity generator in every month of a year for which a report under this section would otherwise have to be submitted, but does apply if the person did not qualify as a Maryland-defined small quantity generator in any month of that year.

C. Exception Reporting.

(1) 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 of 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 hazardous waste.

(2) A generator shall submit an exception report to the Secretary 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 the waste was accepted by the initial transporter and include in the exception report the following:

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

(b) 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.

(3) If the designated facility is located out-of-State in a state which administers the federal program, the generator who does not receive a copy of the manifest as described in §C(1) of this regulation, shall submit an exception report to that state's approving authority as specified in §C(2) of this regulation. If that state's program is administered by the EPA, the Report shall be forwarded to the EPA Regional Administrator for the region in which the designated facility is located.

(4) For a rejected shipment of hazardous waste or container residues contained in non-empty containers that a designated facility forwards to an alternate facility using a new manifest, following the procedures of COMAR 26.13.05.05C(5)(b)(i)-(ix), the generator shall:

(a) Comply with the requirements of §C(1) and (2) of this regulation for the shipment that is forwarding the material from the designated facility to the alternate facility instead of for the shipment from the generator to the designated facility; and

(b) In complying with §C(1) and (2) of this regulation with respect to the shipment to the alternate facility:

(i) Take the required actions based on whether the generator has received, by the specified deadlines, a copy of the manifest with the handwritten signature of the owner or operator of the alternate facility rather than a copy of the manifest with the handwritten signature of the owner or operator of the original designated facility; and

(ii) Determine whether the 35-day and 45-day deadlines have passed by comparing the current date to the date that the waste was accepted by the initial transporter forwarding the hazardous waste shipment from the designated facility to the alternate facility.

D. Additional Reporting. The Secretary, as he deems necessary, may require generators to furnish additional reports concerning the quantities and disposition of wastes identified or listed in COMAR 26.13.02.

Md. Code Regs. 26.13.03.06

Regulations .06 adopted as an emergency provision effective November 18, 1980 (7:25 Md. R. S-1); adopted permanently effective April 3, 1981 (8:7 Md. R. 642)
Regulations .06A_C amended, effective July 30, 1984 (11:15 Md. R. 1330)
Regulations .06C amended effective January 31, 1983 (10:2 Md. R. 110); amended effective 48:9 Md. R. 359, eff. 5/3/2021; amended effective 49:1 Md. R. 14, eff. 1/13/2022