Current through September 17, 2024
Section 128-4-005 - Reporting and recordkeeping005.01 Biennial reports 005.01A A generator who ships any hazardous waste off-site to a treatment, storage, or disposal facility within the United States and is subject to the requirements of Chapter 10 at any time during a calendar year must prepare and submit a Biennial Report for that Biennial reporting cycle, using forms furnished by DEQ, to the Director no later than March 1 of each even numbered year, and must include the following information: 005.01A1 The EPA identification number, name, and address of the generator;005.01A2 The calendar year covered by the report;005.01A3 The EPA identification number, name, and address for each off-site treatment, storage, or disposal facility in the United States to which waste was shipped during the year;005.01A4 The name and EPA identification number of each transporter used during the reporting year for shipments to a treatment, storage or disposal facility within the United States;005.01A5 A description, EPA hazardous waste number (from 40 CFR part 261, subpart C or D), DOT hazard class, and quantity of each hazardous waste shipped off-site for shipments to a treatment, storage or disposal facility within the United States. This information must be listed by EPA identification number of each such off-site facility to which waste was shipped.005.01A6 A description of the efforts undertaken during the year to reduce the volume and toxicity of waste generated.005.01A7 A description of the changes in volume and toxicity of waste actually achieved during the year in comparison to previous years to the extent such information is available for years prior to 1984.005.01A8 The certification signed by the generator or authorized representative.005.01B Any generator who treats, stores, or disposes of hazardous waste on-site must submit a biennial report covering those wastes in accordance with the provisions of Chapters 7, 12, 14, 21, and 22.005.01C Reporting for exports of hazardous waste is not required on the generator biennial report form. A separate annual report requirement is set forth in 40 CFR 262.56.005.02 Exception reporting 005.02A A generator subject to the requirements of Chapter 10 who does not receive a copy of the manifest with the handwritten signature of the owner or operator of the designated facility within 35 days of the date the waste was accepted by the initial transporter must contact the transporter and/or the owner or operator of the designated facility to determine the status of the hazardous waste.005.02B A generator subject to the requirements of Chapter 10 must submit an Exception Report to the Director if a copy of the manifest with the handwritten signature of the owner or operator of the designated facility has not been received by the generator within 45 days of the date the waste was accepted by the initial transporter. The Exception Report must include: 005.02B1 A legible copy of the manifest for which the generator does not have confirmation of delivery; and005.02B2 A cover letter signed by the generator or an authorized representative explaining the efforts taken to locate the hazardous waste and the results of those efforts.005.02C A generator subject to the requirements of Chapter 9 who does not receive a copy of the manifest with the handwritten signature of the owner or operator of the designated facility within 60 days of the date the waste was accepted by the initial transporter must submit a legible copy of the manifest, with some indication that the generator has not received confirmation of delivery, to the Director.005.03 Recordkeeping. Generators must: 005.03A Keep a copy of each manifest signed in accordance with Chapter 9, 007.06 or Chapter 10, 002 for three years or until the generator has received a signed copy from the designated facility which received the waste. This signed copy must be retained as a record for at least three years from the date the waste was accepted by the initial transporter.005.03B Keep a copy of each Biennial Report and Exception Report made in accordance with Sections 005.01 and 005.02 of this Chapter for a period of at least three years from the due date of the report.005.03C Keep records of any test results, waste analyses, or other determinations made in accordance with Section 002 of this Chapter for at least three years from the date that the waste was last sent for on-site or off-site treatment, storage or disposal.005.04 The periods of retention referred to in Section 005.03 of this Chapter are extended automatically during the course of an unresolved enforcement action regarding the regulated activity or as requested by the Director.005.05 Additional reporting. The Director, as deemed necessary under the State Act, may require generators to furnish reports concerning the quantities and disposition of wastes identified in Chapter 3, 005 through 010 or listed in Chapter 3, 013 through 016.128 Neb. Admin. Code, ch. 4, § 005