40.—(1) Any person who—
(a)recovers hazardous waste in or on land; or
(b)receives hazardous waste at a transfer station,
or both shall record and identify any hazardous waste received in accordance with the following requirements of this regulation and regulation 37.
(2) The waste shall be identified in the record by reference to the relevant description and six digit code in the List of Wastes, and the entry shall include a description of the composition of the waste.
(3) The record shall include—
(a)the quantity, nature and origin of any such waste;
(b)the relevant hazardous properties;
(c)where applicable, the recovery method in respect of the waste by reference to the numbering and description applicable in accordance with Annex IIB of the Waste Directive; and
(d)an inventory showing the specific location at which the waste is being held.
(4) The record shall be updated as soon as reasonably practicable and in any event no later than 24 hours after—
(a)each consignment of hazardous waste is received; and
(b)any recovery operations are carried out or any hazardous waste is placed in storage at the transfer station, as the case may be;
(c)any hazardous waste is removed from the premises.
(5) A person who is required to make or retain records pursuant to this regulation shall—
(a)keep the register on the site where the recovery operations take place or the transfer station is operated, as the case may be; or
(b)where the register cannot be kept on the site in accordance with paragraph (5)(a) above, at his principal place of business or such other address as agreed with the Department for that purpose; and
(c)retain the records—
(i)where the hazardous waste is fully recovered, or remains at a transfer station, as the case may be, until it leaves the site and for three years thereafter;
(ii)in any other case, until his waste permit pursuant to which the site is operated is surrendered or revoked, and shall then send those records to the Department.