Annual Hazardous Waste Reports

Arkansas businesses and facilities that generated hazardous waste(s) and/or transported hazardous waste(s) off-site must submit an annual hazardous waste report to the Director by March 1 of each year. This report describes the generator's hazardous waste activities during the previous calendar year and reports:

• quantities and nature of any hazardous waste generated;
• the disposition of hazardous wastes treated or disposed of on-site;
• the disposition of hazardous wastes shipped to off-site treatment, storage, or disposal facilities (TSDFs); and
• quantities, nature, and disposition of hazardous wastes received onsite from other sources.

You are required to submit an Annual Report if, during the reporting year, you:

• Were a fully-regulated Generator (LQG) or Small Quantity generator (SQG) during any month; or
• Treated, stored, or disposed of RCRA hazardous wastes on site in a waste management unit subject to RCRA permitting requirements; or
• Your site is on file with the Division as an SQG or LQG.

If you are required to submit an Annual Report, the following waste streams should be reported:

• All RCRA hazardous wastes and acutely hazardous wastes that were generated, shipped off-site, or treated, disposed, or recycled at your site;
• All RCRA hazardous wastes that were received from off-site;
• All hazardous wastes managed in units subject to RCRA permitting requirements;
• Hazardous wastes generated as a result of RCRA corrective action, spill cleanups, or other remedial actions; and
• RCRA hazardous wastes generated at a Superfund remedial action or voluntary clean-up site.

The forms may change slightly from year to year as information needs change, so be sure that you are using forms designed for the current reporting year.

The Annual Report consists of five forms:

• Site ID Form, which provides basic facility identification and summary data;
  • All sites required to submit an Annual Report must complete and sign the Site ID Form.
• Form GM, which provides information on waste generation;
  • All sites required to submit an Annual Report must submit a separate Form GM for each hazardous waste that was:
    • generated on-site from a production process, service activity, or routine cleanup.
    • the result of equipment decommissioning, spill cleanup, or remedial cleanup activity.
    • derived from the management of a non-hazardous waste.
    • received from off-site, was subsequently shipped off-site, and was not recycled or treated on-site.
    • a residual from the on-site treatment, disposal, or recycling of a previously-existing hazardous waste.
• Form WR, which describes wastes received from off-site;
  • All sites required to submit an Annual Report must submit a separate Form WR for each hazardous waste received from off-site during the reporting year.
• Form OI, which describes offsite TSD and transfer information.
  • All sites required to submit an Annual Report must submit a separate Form OI for each offsite transfer, storage or disposal facility (all information) and transporters (names and EPA ID number only)

In preparing your Annual Report, you will need to consult your records on the quantities and types of hazardous wastes which you generated over the past year. Some helpful records include:

• Production records of hazardous wastes generated or accumulated over the reporting year;
• Hazardous waste Manifests (showing where the wastes were shipped for treatment or disposal);
• Laboratory analyses of your wastes (were wastes classified as hazardous?);
• Contracts and agreements with off-site TSD facilities that managed your wastes; and
• Copies of permits for any on-site waste management systems.

Several commercial software packages are now available which track your wastes as they were generated, manifested, and shipped. These may be very useful in assembling for the Annual Report. Just like filing your taxes, you should always make copies of the completed Report for your records, use a trackable method (such as UPS, Federal Express, or certified mail) to forward your report to this Department, or get a signed and dated receipt if you hand-deliver your Report.

DEQ assesses yearly fees based on the information provided in the Annual Report. The Remedial Action Trust Fund Fee (Superfund Fee) is due by July 1 of each year, and the Hazardous Waste Monitoring and Inspection Fee is due by January 1 of each year. Descriptions of these fees and their applications are documented in Section 6 of Regulation No. 23. The fees are summarized below:

Fees will be calculated and billed by the Division in the course of reviewing the Annual Report, and an invoice will be forwarded to the generator. Generators should not enclose their fee payments with their Annual Reports.

Generators must keep a copy of each annual report and any exception reports for a period of at least three years from the date the report was submitted. The generator also is required to keep a copy of all manifests for three years or until he or she receives a copy of the manifest signed and dated from the owner or operator of the designated facility. The manifest from the facility must then be kept for at least three years from the date on which the hazardous waste was accepted by the initial transporter.

Finally, the records of the waste analyses and determinations undertaken by the generator must be kept for at least three years from the date the waste was last sent to an on-site or off-site TSDF. The periods of retention mentioned above can be extended automatically during the course of any unresolved enforcement action regarding the regulated activity, or as requested by the Director.