(a) A transporter of hazardous waste or Class 1 waste shall
retain a copy of each manifest signed by the generator or, in the case of
exports of hazardous waste, the primary exporter; the transporter; and the
next designated transporter, or the owner or operator of the facility designated
on the manifest for a minimum of at least three years from the date of initial
shipment.
(b) For shipments delivered to the facility designated on the
manifest by water (bulk shipment), each water (bulk shipment) transporter
must retain a copy of a shipping paper containing all the information required
by §335.11(e) of this title (relating to Shipping Requirements for Transporters
of Hazardous Waste or Class 1 Waste) for a minimum of three years from the
date of initial shipment.
(c) For shipments of hazardous waste or Class 1 waste by rail
within the United States:
  (1) the initial rail transporter must keep a copy of the manifest
and shipping paper with all of the information required in §335.11(f)(2)
of this title for a period of three years from the date the hazardous waste
or Class 1 waste was accepted by the initial transporter; and
  (2) the final rail transporter must keep a copy of the signed
manifest (or the shipping paper if signed by the designated facility in lieu
of the manifest) for a period of three years from the date the hazardous waste
or Class 1 waste was accepted by the initial transporter.
(d) A transporter who transports waste out of the United States
must retain a copy of the manifest indicating that the hazardous waste or
waste left the United States for a minimum of three years from the date of
initial shipment.
(e) The periods of record retention required by this section
are automatically extended during the course of any unresolved enforcement
action regarding the regulated activity.


Source Note: The provisions of this §335.14 adopted to be effective May 28, 1986, 11 TexReg 2335; amended to be effective July 14, 1987, 12 TexReg 2106; amended to be effective July 27, 1988, 13 TexReg 3515; amended to be effective November 15, 2001, 26 TexReg 9135