All users shall retain and preserve records, including, without limitation, all books, documents, memoranda, reports, correspondence and similar materials, related to matters regulated by this chapter as provided by the minimum requirements of this section or as provided by a permit or order issued pursuant to this chapter.
(a) Discharge Records. A nondomestic user shall retain, preserve, and make available to the POTW for inspection and copying, for the period specified in subsection (c) below, all records related to matters regulated by this chapter, including, without limitation, all documents, memoranda, correspondence and similar materials; copies of all required reports and notifications; all calibration and maintenance records and all original strip chart recordings for continuous monitoring instrumentation; copies of results of all sampling, monitoring, measurements and analyses; and records of all data used to complete the application for a permit. Any nondomestic user subject to the sampling, monitoring, analysis, or reporting requirements of this chapter shall maintain copies of all records and information pertaining to those requirements or resulting from any monitoring activities (whether or not such monitoring activities are required by this chapter). For all samples, the records shall include, at a minimum, the information required to be recorded by Section 1044.069.
(b) Hazardous or Solid Waste. A nondomestic user shall retain and preserve all records regarding its generation, treatment, storage, or disposal of hazardous waste or solid waste for the period specified in subsection (c) below, and shall make them available to the POTW for inspection and copying, subject to the provisions in this chapter regarding confidential information. (As used in this section, the terms “hazardous waste” and “solid waste” shall have the same definition as provided in the state hazardous waste management act, Part 111 of Act 451 of the Public Acts of Michigan of 1994, MCL §§ 324.11101 et seq., as amended, and the rules promulgated under that act.)
(c) Retention Period. Users subject to the reporting requirements of this chapter (or of any permit or order issued pursuant to this chapter) shall retain the records specified in subsections (a) and (b) above for a period of at least three years from (a) the date the record was created or (b) the date the record was first used or relied upon by the user, whichever is later. The three-year retention period shall be extended during any administrative or judicial action, enforcement proceeding or litigation regarding matters regulated by this chapter (or regarding discharges of the POTW under its NPDES permit), until all such actions, proceedings, or activities have concluded and all periods of limitation with respect to any and all appeals have expired. The three-year retention period may also be extended at any time at the request of the POTW, the Michigan Department of Environmental Quality, or the U.S. EPA. The POTW shall retain all records, notices and other information regarding discharges to the POTW submitted to it by nondomestic users of the POTW for a period of not less than three years.
(Ord. 2009-02. Passed 5-11-09.)