40 C.F.R. § 262.40

Recordkeeping

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(a) A generator must keep a copy of each manifest signed in accordance with § 262.23(a) for three years or until he receives 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.

(b) A generator must keep a copy of each Biennial Report and Exception Report for a period of at least three years from the due date of the report.

(d) The periods or retention referred to in this section are extended automatically during the course of any unresolved enforcement action regarding the regulated activity or as requested by the Administrator.

[45 FR 33142, May 19, 1980, as amended at 48 FR 3981, Jan. 28, 1983; 82 FR 85818, Nov. 28, 2016]

Notes of Decisions

Cited in 2 cases, 1983–1989 · leading case: Env't Def. Fund, Inc. v. Wheelabrator Tech. Inc., 725 F. Supp. 758 (S.D.N.Y. 1989).

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Env't Def. Fund, Inc. v. Wheelabrator Tech. Inc., 725 F. Supp. 758 (S.D.N.Y. 1989). “40 C.F.R. § 262.40 -.43, 6 NYCRR § 373.2(c).”

Opinion No. (1983) (Mo. Att'y Gen. 1983). · cites it 6× “State statutes and regulations require all generators covered by the state program to comply with reporting and record keeping requirements substantially equivalent to those found in 40 CFR 262.40 and 262.41 . (See 40 CFR 262.”

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