A question from a past attendee of one of my RCRA TRAINING WEBINARS:
I reviewed the material from our training and see that recordkeeping for Haz Waste is to maintain record for 3 years from last effective date.
I have inherited the file cabinet for our facility and have records going back to 1991. Is there some other requirement for NY that I may be missing or am I due for a file clean up?
My reply that same day (I must have been in the office):
That is a good question. New York may have recordkeeping requirements that are more strict than those of USEPA. It is possible that they may require a longer retention period for RCRA records, though I have not seen any indication of this.
Division of Environmental Remediation
Albany, NY 12233-7012
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OK. Not my best response. But look! I invested a little time in some research of the hazardous waste regulations of the New York State Department of Environmental Conservation and came up with this reply on March 18th:
All records required under this subdivision must be furnished to the Department upon request, postmarked within five business days of receipt of a written request.
(c) Reporting and record keeping requirements.
(1) Record keeping.
(i) A generator must keep a copy of each complete manifest document as a record for at least three years from the date the waste was accepted by the initial transporter.
(ii) A generator must keep a copy of each Annual Report (paragraph (2) of this subdivision) and Exception Report (paragraph (3)) for a period of at least three years from the due date of the report.
(iii) A generator must keep records of any test results, waste analyses, or other determinations made in accordance with paragraph (a)(2) of this section for at least three years from the date that the waste was last sent to on-site or off-site treatment, storage or disposal.
(iv) All records required under this subdivision must be furnished to the Department upon request, postmarked within five business days of receipt of a written request. A generator must make such records available at all reasonable times for inspection by any officer, employee, or representative of the Department who is duly designated by the commissioner.
(v) The record keeping periods referred to in this section are extended automatically beyond the three-year period during the course of any unresolved enforcement action regarding the regulated activity, or as requested by the commissioner.