Record Generating, Record Keeping, and Reporting Requirements

(1) General. All records required to be kept pursuant to 310 CMR 32.00 shall be kept for at least three years. All records required to be kept pursuant to 310 CMR 32.60(4)(a)4. and 32.60(5)(a)1. through 5. shall be kept permanently. All records shall be readily available for inspection by personnel of the Department or of the board of health of the city or town in which the facility or the land application site is located, as the case may be. (2) Owner or Operator. (a) Each owner or operator shall enter into its records the information required pursuant to 310 CMR 32.60(2)(b) and if a seller or distributor, shall enter into its records the information required pursuant to 310 CMR 32.60(3). (b) Each owner or operator shall keep the following records: 1. the approval given by the Department pursuant to 310 CMR 32.11; 2. a description of the stabilization method used to comply with 310 CMR 32.12(1), including the address where that stabilization occurred and a detailed description of the conditions under which that stabilization actually occurred; 3. the results of analyses of all samples of the sludge or septage, including when and by whom they were taken and analyzed; 4. copies of all information and material submitted to the Department in compliance with 310 CMR 32.13 and 32.14; 5. all studies and technical data on which such information and material were based; and 6. the address of each place where sludge or septage was stored and for each such place, how long sludge or septage was stored there. (c) Each owner or operator shall submit to the Department an annual report which shall include the information of which the owner or operator is required to keep records pursuant to 310 CMR 32.60(2)(a) and (b). For each owner or operator, such annual report shall be due on February 1 of the calendar year following the date the Department issued the Approval of Suitability pursuant to 310 CMR 32.11. (3) Seller or Distributor of Type I Sludge. (a) Before transferring ownership, custody, or possession of Type I sludge, the person selling or distributing such sludge shall enter into its records the following information: 1. the amount of Type I sludge distributed or sold in lots equal to or less than five cubic yards; 2. the name and addresses of each person to whom Type I sludge in lots greater than five cubic yards was sold or distributed, specifying for each such person the amount sold or distributed. (b) Each person selling or distributing Type I sludge shall submit to the Department an annual report which shall include the information required pursuant to 310 CMR 32.60(3)(a). (4) Seller or Distributor of Type II or Type III Sludge or Septage (a) Before transferring ownership, custody, or possession of Type II or Type III sludge or septage, the person selling or distributing such sludge or septage shall enter into its records the following information, maintaining a separate file for each land application site: 1. the name and address, as appearing on the Land Application Certificate, of the person to whom the sludge or septage is being sold or distributed; 2. the location, as appearing on the Land Application Certificate, where the sludge or septage is being land applied; 3. the dates, as appearing on the Land Application Certificate, on which the Land Application Certificate was granted, and the Land Application Certificate expires; 4. the method and rate of land application, as appearing on the Land Application Certificate; 5. the crop to be grown, or animals to be grazed, or both, on the land in question, as appearing on the Land Application Certificate; 6. the name of the transporter who transported the sludge from the premises of the seller or distributor, and the type of vehicle used; 7. the name of the individual who actually took custody or possession of the sludge or septage, and the date on which he/she did so; 8. the amount of sludge or septage authorized by the Land Application Certificate and the amount obtained for that site; and 9. the content of the sludge or septage, based on the most recent analysis done in compliance with 310 CMR 32.13 and the dates on which the analysis was taken and analyzed. (b) Each person who sells or distributes Type II or Type III sludge or septage shall submit to the Department a report which shall include the information for which he or she is required to keep records pursuant to 310 CMR 32.60(4)(a). (5) Users of Type II or Type III Sludge or Septage. (a) Each person who uses Type II or Type III sludge or septage shall enter into its records the following information, keeping a separate file for each Land Application Certificate: 1. the Land Application Certificate issued by the Department pursuant to 310 CMR 32.25; 2. the results of all soil samples taken pursuant to 310 CMR 32.24, including when and by whom they were taken and analyzed; 3. the location of each land application site; 4. the anount of sludge or septage spread per acre annually per site and the total cumulative addition of sludge or septage per site; 5. date and method of application for each site; 6. the crop grown on the land application site, and the use of the crop; 7. what kinds of animals were grazed on the land application site; 8. the address of each location where sludge or septage was stored and, for each such location, how long the sludge or septage was stored there; 9. the information listed in 310 CMR 32.52(3)(a), (b), and (d). (b) Each person who uses sludge or septage shall submit to the Department an annual report which shall include all the information of which that person is required to keep records pursuant 310 CMR 32.60(5)(a). For each such person, such annual report shall be due on February 1 of the calendar year following the date on which the Department issued the Land Application Certicate to that person pursuant to 310 CMR 32.25.