N.H. Code Admin. R. Env-Hw 705.01

Current through Register No. 25, June 20, 2024

Section Env-Hw 705.01 - Recordkeeping

(a) The operator of a facility other than a transfer facility shall keep a written operating record at the facility as set forth in (b) through (d), below.

(b) Except as specified in (b)(6) and (10), below, the following information shall be recorded by the operator as it becomes available and maintained in the operating record for 3 years, unless requirements specify they must be kept for a longer period of time:

(1) A copy of each shipping document and manifest, including:

a. Movement documents for shipments subject to 40 CFR 262, Subpart H;

b. Manifest discrepancy reports; and

c. Unmanifested waste reports;

(2) A copy of each quarterly and biennial activity report;

(3) Records and results of waste analyses, hazardous waste determinations, and trial tests as required by Env-Hw 707, Env-Hw 708, and Env-Hw 1200, as applicable;

(4) Summary reports and details of all incidents requiring contingency plan implementation;

(5) Records and results of inspections, as required by Env-Hw 707 and Env-Hw 708, as applicable, including:

a. The time and date of facility inspections;

b. The inspector's name;

c. Notation of observation(s);

d. Dates and nature of maintenance; and

e. Remedial action(s) taken;

(6) Monitoring data, testing data, analytical data, and corrective action(s) as required by Env-Hw 707 and Env-Hw 708, except that records and results pertaining to groundwater monitoring and cleanup shall be maintained until facility closure and for the post-closure care period for disposal facilities;

(7) For off-site facilities, notices to generators as required by Env-Hw 708.02(a)(1);

(8) A statement obtained from the permittee, at least annually, certifying, as specified in Env-Hw 207, that the permittee has a program in place to reduce the volume and toxicity of hazardous waste generated by the permittee, as specified in 40 CFR 264.73(b)(9), as applicable;

(9) The information required by 40 CFR 264.73(b)(11) through (16) and 40 CFR 265.73(b)(9) through (14), as applicable; and

(10) Records of monitoring, testing, or analytical data as required by 40 CFR 264.73(b)(18), for 5 years.

(c) The following information shall be recorded by the operator as it becomes available and maintained in the operating record until closure of the facility, unless requirements specify they must be kept for a longer period of time:

(1) A description and the quantity of each hazardous waste shipment received, treated, stored, or disposed of at the facility, including:

a. The waste's common name;

b. If listed in Env-Hw 402 or a characteristic waste under Env-Hw 403, the waste's EPA and state hazardous waste number or numbers, as applicable;

c. The waste's physical form, such as liquid, sludge, solid, or contained gas;

d. If not listed in Env-Hw 402, the process that produced the waste;

e. The estimated or manifest-reported weight, or volume and density, where applicable, in one of the units of measure specified in 40 CFR 264 Appendix I, Table 1; and

f. The method, by handling code as specified in 40 CFR 264 Appendix I, Table 2, and date of treatment, storage, or disposal;

(2) The method, location, and date of treatment, storage, and disposal;

(3) The location of each hazardous waste within the facility and the quantity at each location, including:

a. For disposal facilities, the location and quantity of each hazardous waste, recorded on a map or diagram of each cell or disposal area; and

b. For all facilities, cross-references to specific manifest tracking numbers, if the waste was accompanied by a manifest;

(4) Adjustments and calculations of closure and for disposal facilities, post-closure cost estimates prepared in accordance with Env-Hw 707.03(a)(11) or Env-Hw 708.02(a)(12);

(5) Records of the quantities and date of placement of each shipment of hazardous waste placed in land disposal units as required by 40 CFR 264.73(b)(10) and 40 CFR 265.73(b)(8), as applicable; and

(6) The information required by 40 CFR 264.73(b)(19) and 40 CFR 265.73(b)(15), as applicable.

(d) Any specified retention period shall be automatically extended while any enforcement action is pending.

(e) The operator of a transfer facility shall keep a written operating record at the transfer facility as set forth in (b)(4) and (5), above, and maintain the operating record in accordance with (d), above.

N.H. Code Admin. R. Env-Hw 705.01

#5053, eff 1-24-91; ss by #5886, eff 8-26-94; amd by #6384-B, eff 11-26-96; amd by #7207-B, eff 2-26-00; ss by #7333, eff 8-1-00; amd by #8714, INTERIM, eff 9-5-06, EXPIRES: 3-4-07; amd by #8790, eff 1-5-07; ss by #9215, INTERIM, eff 8-1-08; (See Revision Note at chapter heading for Env-Hw 700) ss by #9367, eff 1-28-09

Amended by Volume XXXVII Number 32, Filed August 10, 2017, Proposed by #12349, Effective 8/14/2017, Expires 8/14/2027.

Amended by Volume XXXIX Number 50, Filed December 12, 2019, Proposed by #12922, Effective 11/23/2019, Expires 11/23/2029 (See Revision Note #2 at chapter heading for Env-Hw 700).

Amended by Volume XLII Number 32, Filed August 11, 2022, Proposed by #13406, Effective 7/23/2022, Expires 7/23/2032