Section 30.825 - Additional Conditions of Facility Licenses(1)Compliance With Plans. The owner and operator shall comply with the plans, as approved by the Department, listed in 310 CMR 30.502.(2)Incident Reporting.(a) The licensee shall, immediately upon discovering it, orally report to the Department any incident, circumstance, or non-compliance which may endanger public health, safety, or welfare, or the environment. The following shall be included in such report:1. The name, address, and telephone number of the owner and operator;2. The name, address, and telephone number of the facility;3. The date, time, location, and type, of incident;4. The name, description, and quantity of materials involved;5. The extent of injuries, if any;6. An assessment of actual or potential hazards to public health, safety, or welfare, or the environment outside the facility, where this is applicable; and7. The estimated quantity and disposition of recovered material that resulted from the incident.(b) The licensee shall also provide a written report to the Department within seven days of the time the licensee becomes aware of the incident, circumstance, or noncompliance. The written report shall contain:1. A description of the incident, circumstance, or non-compliance and its cause;2. The exact date(s), time(s), and location(s) of the incident, circumstance, or non-compliance;3. If the incident, circumstance, or non-compliance has not been corrected, the anticipated time it is expected to continue; and4. A plan to remedy and prevent recurrence of a similar incident, circumstance, or noncompliance.(3)Manifest Discrepancy Report. If the licensee discovers a significant discrepancy in a manifest or shipping paper, the licensee shall attempt to reconcile the discrepancy. Within 15 days of receipt of the hazardous waste by the facility, or within 15 days after the licensee first notices the discrepancy if the facility does not receive the hazardous waste during said 15 days, the licensee shall submit to the Department a written report describing the discrepancy and all attempts to reconcile it. A copy of the manifest or shipping paper at issue shall accompany said report.(4)Annual Audits. The licensee shall cause to be performed annually a financial audit of the licensee. This audit shall be performed by a certified public accountant ("CPA") according to generally accepted accounting principles. The licensee shall provide a copy of the financial audit to the Department within 30 days of completion by the CPA. Failure to do so shall be a violation of this condition and of 310 CMR 30.000. This provision does not apply to facilities which are licensed solely for the storage, treatment, use, or disposal of hazardous waste at the site of generation thereof if the owner or operator is also the generator.(5)Monitoring and Recordkeeping. Samples and measurements taken for the purpose of monitoring shall be representative of the monitored activity. Records of monitoring information shall include the date, place, and time of sampling or measurement, the person who performed the sampling or measurement, the date the analysis or measurement was performed, the name of the individual who performed the analysis or measurement, the analytical technique(s) or measurement(s) used, and the results of such analysis or measurement. If the monitoring is groundwater monitoring for the purpose of complying with 310 CMR 30.660, the licensee shall maintain records from all groundwater monitoring wells and associated groundwater surface elevations throughout the active life of the facility and, if applicable, throughout the post-closure care period.Amended by Mass Register Issue 1522, eff. 5/24/2024.