[Code of Federal Regulations]
[Title 40, Volume 25]
[Revised as of July 1, 2006]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR265.73]

[Page 502-503]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 264_STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, 
STORAGE, AND DISPOSAL FACILITIES--Table of Contents
 
         Subpart E_Manifest System, Recordkeeping, and Reporting
 
Sec.  265.73  Operating record.

    (a) The owner or operator must keep a written operating record at 
his facility.
    (b) The following information must be recorded, as it becomes 
available, and maintained in the operating record for three years unless 
noted below:
    (1) A description and the quantity of each hazardous waste received, 
and the method(s) and date(s) of its treatment, storage, or disposal at 
the facility as required by Appendix I to part 265. This information 
must be maintained in the operating record until closure of the 
facility;
    (2) 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 of 
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;

[Comment: See Sec. Sec.  265.119, 265.279, and 265.309 for related 
requirements.]

    (3) Records and results of waste analysis, waste determinations, and 
trial tests performed as specified in Sec. Sec.  265.13, 265.200, 
265.225, 265.252, 265.273, 265.314, 265.341, 265.375, 265.402, 265.1034, 
265.1063, 265.1084, 268.4(a), and 268.7 of this chapter.
    (4) Summary reports and details of all incidents that require 
implementing the contingency plan as specified in Sec.  265.56(j);
    (5) Records and results of inspections as required by Sec.  
265.15(d) (except these data need be kept only three years);
    (6) Monitoring, testing or analytical data, and corrective action 
where required by subpart F of this part and by Sec. Sec.  265.19, 
265.94, 265.191, 265.193, 265.195, 265.224, 265.226, 265.255, 265.260, 
265.276, 265.278, 265.280(d)(1), 265.302, 265.304,

[[Page 503]]

265.347, 265.377, 265.1034(c) through 265.1034(f), 265.1035, 265.1063(d) 
through 265. 265.1063(i), 265.1064, and 265.1083 through 265.1090. 
Maintain in the operating record for three years, except for records and 
results pertaining to ground-water monitoring and cleanup, and response 
action plans for surface impoundments, waste piles, and landfills, which 
must be maintained in the operating record until closure of the 
facility.

[Comment: As required by Sec.  265.94, monitoring data at disposal 
facilities must be kept throughout the post-closure period.]

    (7) All closure cost estimates under Sec.  265.142 and, for disposal 
facilities, all post-closure cost estimates under Sec.  265.144 must be 
maintained in the operating record until closure of the facility.
    (8) 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 Sec.  268.5 of this chapter, monitoring data required 
pursuant to a petition under Sec.  268.6 of this chapter, or a 
certification under Sec.  268.8 of this chapter, and the applicable 
notice required by a generator under Sec.  268.7(a) of this chapter. All 
of this information must be maintained in the operating record until 
closure of the facility.
    (9) For an off-site treatment facility, a copy of the notice, and 
the certification and demonstration if applicable, required by the 
generator or the owner or operator under Sec.  268.7 or Sec.  268.8;
    (10) For an on-site 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 Sec.  268.7 or Sec.  268.8;
    (11) For an off-site 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 Sec.  
268.7 or Sec.  268.8;
    (12) For an on-site land disposal 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 of a treatment facility under Sec.  268.7 or 
Sec.  268.8.
    (13) For an off-site storage facility, a copy of the notice, and the 
certification and demonstration if applicable, required by the generator 
or the owner or operator under Sec.  268.7 or Sec.  268.8; and
    (14) For an on-site 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 of a treatment facility under Sec.  268.7 or Sec.  268.8.
    (15) Monitoring, testing or analytical data, and corrective action 
where required by Sec. Sec.  265.90, 265.93(d)(2), and 265.93(d)(5), and 
the certification as required by Sec.  265.196(f) must be maintained in 
the operating record until closure of the facility.

[45 FR 33232, May 19, 1980, as amended at 50 FR 4514, Jan. 31, 1985; 50 
FR 18374, Apr. 30, 1985; 51 FR 40638, Nov. 7, 1986; 53 FR 31211, Aug. 
17, 1988; 54 FR 26648, June 23, 1989; 55 FR 25507, June 21, 1990; 56 FR 
19290, Apr. 26, 1991; 57 FR 3492, Jan. 29, 1992; 59 FR 62935, Dec. 6, 
1994; 62 FR 64661, Dec. 8, 1997; 71 FR 16908, Apr. 4, 2006]