Section 33-24-05-40 - Operating record1. The owner or operator shall keep a written operating record at the facility.2. The following information must be recorded, as it becomes available, and maintained in the operating record for three years unless noted as follows: a. A description and the quantity of each hazardous waste received and the methods and dates of its treatment, storage, or disposal at the facility as required by appendix I. This information must be maintained in the operating record until closure of the facility.b. The location of each hazardous waste within the facility and the quantity at each location. For disposal facilities, the location and quantity of each hazardous waste must be recorded on a map or diagram that shows each cell or disposal area. For all facilities, this information must include cross-references to manifest document numbers if the waste was accompanied by a manifest. This information must be maintained in the operating record until closure of the facility.c. Records and results of waste analysis and waste determinations performed as specified in sections 33-24-05-04, 33-24-05-08, 33-24-05-145, 33-24-05-183, subsection 1 of section 33-24-05-253, sections 33-24-05-256, 33-24-05-404, 33-24-05-433, and 33-24-05-453.d. Summary reports and details of all incidents that require implementing the contingency plan as specified in subsection 10 of section 33-24-05-31.e. Records and results of inspections as required by subsection 4 of section 33-24-05-06 (except these data need to be kept only three years).f. Monitoring, testing, or analytical data, and corrective action where required by sections 33-24-05-47 through 33-24-05-58, sections 33-24-05-10, 33-24-05-104, 33-24-05-106, 33-24-05-108, 33-24-05-120, 33-24-05-126, 33-24-05-127, 33-24-05-132, 33-24-05-137, 33-24-05-138, 33-24-05-164, 33-24-05-165, 33-24-05-167, 33-24-05-178, 33-24-05-179, 33-24-05-187, 33-24-05-188, 33-24-05-302, subsections 3 through 6 of section 33-24-05-404, section 33-24-05-405, subsections 4 through 9 of section 33-24-05-433, section 33-24-05-434, and sections 33-24-05-452 through 33-24-05-460. Maintain in the operating record for three years, except for records and results pertaining to ground water monitoring and cleanup which must be maintained in the operating record until closure of the facility. g. For offsite facilities, notices to generators as specified in subsection 2 of section 33-24-05-03.h. All closure cost estimates under subsection 1 of section 33-24-05-76 and for disposal facilities, all postclosure cost estimates under subsection 2 of section 33-24-05-76. This information must be maintained in the operating record until closure of the facility.i. A certification by the permittee no less often than annually that the permittee has a program in place to reduce the volume and toxicity of hazardous waste that is generated to the degree determined by the permittee to be economically practicable; and the proposed method of treatment, storage, or disposal is that practicable method currently available to the permittee which minimizes the present and future threat to human health and the environment.j. Records of the quantities and date of placement for each shipment of hazardous waste placed in land disposal units under an extension to the effective date of any land disposal restriction granted pursuant to section 33-24-05-254, a petition pursuant to section 33-24-05-255, and the applicable notice required by a generator under subsection 1 of section 33-24-05-256. This information must be maintained in the operating record until closure of the facility.k. For an offsite treatment facility, a copy of the notice, and the certification and demonstration, if applicable, required by the generator or the owner or operator under section 33-24-05-256.l. For an onsite treatment facility, the information contained in the notice except the manifest number, and the certification and demonstration, if applicable, required by the generator or the owner or operator under section 33-24-05-256.m. For an offsite land disposal facility, a copy of the notice, and the certification and demonstration, if applicable, required by the generator or the owner or operator of a treatment facility under section 33-24-05-256.n. For an onsite land disposal facility, the information contained in the notice required by the generator or owner or operator of a treatment facility under section 33-24-05-256.o. For an offsite storage facility, a copy of the notice, and the certification and demonstration, if applicable, required by the generator or the owner or operator under section 33-24-05-256.p. For an onsite storage facility, the information contained in the notice except the manifest number, and the certification and demonstration, if applicable, required by the generator or the owner or operator under section 33-24-05-256.q. Any records required under subdivision m of subsection 10 of section 33-24-05-01. r. Monitoring, testing, or analytical data where required by section 33-24-05-150 must be maintained in the operating record for five years.s. Certifications as required by subsection 6 of section 33-24-05-109 must be maintained in the operating record until closure of the facility.N.D. Admin Code 33-24-05-40
Effective January 1, 1984; amended effective October 1, 1986; December 1, 1988; December 1, 1991; January 1, 1994; July 1, 1997; December 1, 2003.Amended by Administrative Rules Supplement 2016-359, January 2016, effective 1/1/2016.General Authority: NDCC 23-20.3-03
Law Implemented: NDCC 23-20.3-03, 23-20.3-04