# COMAR Title 26 — Department of the Environment

## Subtitle 13 — Disposal of Controlled Hazardous Substances

### Chapter 10 — Standards for the Management of Specific Hazardous Wastes and Specific Types of Hazardous Waste Management Facilities

#### Regulation .44 Record Keeping by Healthcare Facilities for Non-Creditable Hazardous Waste Pharmaceuticals.

*COMAR 26.13.10.44*

A. Manifests and Exception Reports. Unless a specified period of retention is extended in accordance with §C of this regulation, a healthcare facility shall:

  (1) Keep a copy of each manifest signed in accordance with COMAR 26.13.03.04E(1) for 3 years or until the healthcare facility receives a signed copy of the manifest from the designated facility that received the non-creditable hazardous waste pharmaceuticals that are being tracked by the manifest;

  (2) Retain as a record each signed copy of a manifest received from the designated facility identified on the manifest, with the period of retention being at least 3 years from the date the waste was accepted by the initial transporter; and

  (3) Keep a copy of each exception report required by Regulation .43B of this chapter for a period of at least 3 years from the date of the report;

B. Waste Determinations.

  (1) Unless a healthcare facility is excluded from this requirement by §B(3) of this regulation, a healthcare facility shall keep records of any test result, waste analysis, or other determination made to support the healthcare facility’s hazardous waste determinations consistent with COMAR 26.13.03.02-2, the record keeping requirements for hazardous waste determinations by generators of hazardous waste.

  (2) Unless the period of retention is extended in accordance with §C of this regulation, a healthcare facility shall retain the records identified in §B(1) of this regulation for at least 3 years from the date that the waste that was the subject of the waste determination was last sent to on-site or off-site treatment, storage, or disposal.

  (3) A healthcare facility that manages all of the healthcare facility’s non-creditable non-hazardous waste pharmaceuticals as non-creditable hazardous waste pharmaceuticals is not required to keep documentation of hazardous waste determinations for waste pharmaceuticals.

C. The periods of retention for records referred to in §A—B of this regulation are extended:

  (1) Automatically during the course of any unresolved enforcement action regarding the regulated activity; or

  (2) As requested by the Department or the Regional Administrator of Region 3 of the EPA.

D. The healthcare facility shall ensure that any record required to be kept by this regulation is made readily available upon the request of an inspector representing the Department or the EPA.