NDAC 33.1-24-05-40
Operating record
Cite as N.D. Admin. Code ยง 33.1-24-05-40
1.
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 33.1-24-05-04, 33.1-24-05-08, 33.1-24-05-145, 33.1-24-05-183, subsection 1
of section 33.1-24-05-253, sections 33.1-24-05-256, 33.1-24-05-404, 33.1-24-05-433,
and 33.1-24-05-453.
d.
Summary reports and details of all incidents that require implementing the contingency
plan as specified in subsection 10 of section 33.1-24-05-31.
e.
Records and results of inspections as required by subsection 4 of section 33.1-24-05-06
(except these data need to be kept only three years).
f.
Monitoring, testing, or analytical data, and corrective action where required by sections
33.1-24-05-47 through 33.1-24-05-58, sections 33.1-24-05-10, 33.1-24-05-104,
33.1-24-05-106, 33.1-24-05-108, 33.1-24-05-120, 33.1-24-05-126, 33.1-24-05-127,
33.1-24-05-132, 33.1-24-05-137, 33.1-24-05-138, 33.1-24-05-164, 33.1-24-05-165,
33.1-24-05-167, 33.1-24-05-178, 33.1-24-05-179, 33.1-24-05-187, 33.1-24-05-188,
33.1-24-05-302, subsections 3 through 6 of section 33.1-24-05-404, section
33.1-24-05-405, subsections 4 through 9 of section 33.1-24-05-433, section
33.1-24-05-434, and sections 33.1-24-05-452 through 33.1-24-05-460. 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
33.1-24-05-03.
h.
All closure cost estimates under subsection 1 of section 33.1-24-05-76 and for disposal
facilities, all postclosure cost estimates under subsection 2 of section 33.1-24-05-76. 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 33.1-24-05-254, a petition pursuant to section
33.1-24-05-255, and the applicable notice required by a generator under subsection 1 of
section 33.1-24-05-256. 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 33.1-24-05-256.
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 33.1-24-05-256.
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 33.1-24-05-256.
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 33.1-24-05-256.
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 33.1-24-05-256.
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 33.1-24-05-256.
q.
Any records required under subdivision m of subsection 10 of section 33.1-24-05-01.
r.
Monitoring, testing, or analytical data where required by section 33.1-24-05-150 must be
maintained in the operating record for five years.
s.
Certifications as required by subsection 6 of section 33.1-24-05-109 must be maintained
in the operating record until closure of the facility.