1. (a) All records listed in (c) and (d), below, shall be made available to a department inspector during a scheduled inspection.

2. (b) The owner shall maintain the records identified in (c), below, for not less than 3 years from the date of creation or receipt, as applicable, provided that if the owner has been notified of a pending inquiry into a suspected violation of requirements applicable to the facility, the owner shall retain the records until the later of:

   1. (1) The date the owner is notified by the department that no action will be taken;
   2. (2) The date the owner is notified by the department that the action taken has been resolved;
   3. (3) The date a final decision is issued in an appeal of any action taken by the department, including any appeal under RSA 541; or
   4. (4) The date the last appeal period expires without an appeal being filed.

3. (c) The following records shall be retained as established in (b), above:

   1. (1) Results of monthly exterior inspections required by Env-Or 306.07;
   2. (2) Copies of all correspondence that relates to the facility from the department, the New Hampshire state fire marshal, or the local fire department;
   3. (3) Records of the type of oil stored in each tank and the date of any conversion described in Env-Or 304.03(b)(5);
   4. (4) Records of inventory monitoring required by Env-Or 306.03; and
   5. (5) Any record required to be maintained by Env-Wm 1402.07(b) or Env-Wm 1402.34(c) that is still within the retention period specified therein.

4. (d) Subject to (e), below, the owner shall maintain the following records for the operating life of the facility:

   1. (1) Dates and description of replacement of permanent components and substantial modification to AST systems;
   2. (2) Results of all tightness tests performed on piping associated with the AST systems;
   3. (3) A copy of the facility registration(s) and any amendments;
   4. (4) Copies of all plans for the facility submitted and approved pursuant to Env-Wm 1402.17 or Env-Or 307.01 through Env-Or 307.05;
   5. (5) Closure and other site assessment reports;
   6. (6) Results of all insulated tank and insulated piping inspections and interior AST inspections required by Env-Or 306.08 and Env-Or 306.09;
   7. (7) Results of all cathodic protection system testing at the facility required by Env-Or 306.11;
   8. (8) Equipment maintenance schedules and logs, including frequency, procedure performed, and identification of who performed the maintenance;
   9. (9) Repair records, including component repaired, method of repair, and identification of who performed the repair;
   10. (10) Records of oil discharges; and
   11. (11) Any record required to be maintained by Env-Wm 1402.07(b) or Env-Wm 1402.34(d) that is not subject to a 3-year retention period.
5. (e) Any owner who discarded records included in (d), above, prior to the 2013 effective date of this chapter based on a good-faith belief that on-going retention was not required shall not be deemed to be out of compliance with the record retention requirements established in (d), above, with respect to the discarded records.

Source. (See Revision Note at chapter heading for Env-Or 300) #10487, eff 2-7-14; ss by #14094, eff 10-4-24 (formerly Env-Or 304.06)