30 Tex. Admin. Code § 335.10 - Shipping and Reporting Procedures Applicable to Generators of Hazardous Waste or Class 1 Waste
(a) Except as
provided in paragraph (2) of this subsection, no person who generates,
transports, processes, stores, or disposes of hazardous waste shall cause,
suffer, allow, or permit the shipment of hazardous waste unless the person
complies with this subsection, §
335.12
of this title (relating to Shipping Requirements Applicable to Owners or
Operators of Treatment, Storage, or Disposal Facilities), §
335.13
of this title (relating to Recordkeeping and Reporting Procedures Applicable to
Generators Shipping Hazardous Waste or Class 1 Waste), § 335.54 of this
title (relating to Hazardous Waste Manifest), and § 335.58 of this title
(relating to Transboundary Movements of Hazardous Waste for Recovery or
Disposal).
(1) In addition, generators and
owners or operators of treatment, storage, or disposal facilities shall include
a Texas waste code for each hazardous waste itemized on the manifest.
(2) The manifest required by this subsection
is not required for the transportation of hazardous waste when all of the
conditions of an applicable exemption from manifesting have been met, including
and not limited to the exemptions in this paragraph and subsection (b) of this
section.
(A) The manifesting requirements of
this section are not applicable to the transportation of hazardous waste
generated by a very small quantity generator (VSQG) that meets the conditions
for exemption in 40 Code of Federal Regulations (CFR) §262.14 as adopted
in § 335.53 of this title (relating to General Standards Applicable to
Generators of Hazardous Waste).
(B)
The manifesting requirements of this section are not applicable to the
transportation of potentially creditable hazardous waste pharmaceuticals from a
healthcare facility or a reverse distributor to a reverse distributor in
compliance with § 335.769 of this title (relating to Shipping Potentially
Creditable Hazardous Waste Pharmaceuticals from a Healthcare Facility or a
Reverse Distributor to a Reverse Distributor).
(b) The manifesting and marking requirements
of § 335.55 of this title (relating to Pre-Transport Requirements
Applicable to Small and Large Quantity Generators) are not applicable to the
transportation of hazardous waste on a public or private right-of-way within or
along the border of contiguous property under the control of the same person,
even if such contiguous property is divided by a public or private
right-of-way. However, in the event of a hazardous waste discharge on a public
or private right-of-way, the generator or transporter must comply with the
requirements of §
335.93
of this title (relating to Hazardous Waste Discharges).
(c) Except as provided in subsections (d) and
(e) of this section, persons who generate, transport, process, store, or
dispose of Class 1 waste shall not cause, suffer, allow, or permit the shipment
of Class 1 waste unless the person complies with the manifest requirements
adopted in § 335.54 of this title with the following changes and
additions:
(1) when Class 1 waste is itemized
on the manifest, either the Texas Commission on Environmental Quality solid
waste registration (SWR) number or the United States Environmental Protection
Agency (EPA) identification number must identify the generator, transporter,
and designated facility; and the Texas waste code, instead of the EPA waste
code, must identify the waste;
(2)
when both hazardous and Class 1 waste are itemized on the same manifest, the
EPA identification numbers, not SWR numbers, must identify the generator,
transporter, and designated facility; and the Texas waste codes must identify
each waste itemized on the manifest;
(3) the term "Designated facility" has the
meaning in §
335.1 of
this title (relating to Definitions);
(4) the term "Hazardous waste" is replaced by
the term "Class 1 waste";
(5) the
exceptions for hazardous waste being reclaimed under
40 CFR §
262.20(e) are not applicable
to transportation of Class 1 waste;
(6) in the event of a discharge on a public
right of way, the generator or transporter must comply with Chapter 327 of this
title (relating to Spill Prevention and Control) and §
335.93
of this title instead of complying with
40 CFR §
263.30 and §
263.31 as
required by
40 CFR §
262.20(f); and
(7) waste minimization certification required
by
40 CFR §
262.27 is not applicable to Class 1
waste.
(d) No manifest
is required for the shipment of Class 1 waste generated by a person that
generated less than 100 kilograms of Class 1 waste during the calendar month in
which the subject Class 1 waste was generated.
(e) No manifest is required for the shipment
of Class 1 waste to property owned or otherwise effectively controlled by the
owner or operator of an industrial plant, manufacturing plant, mining
operation, or agricultural operation from which the waste results or is
produced, provided that:
(1) the property is
within 50 miles of the plant or operation;
(2) the waste is not commingled with waste
from any other source or sources. An industrial plant, manufacturing plant,
mining operation, or agricultural operation owned by one person shall not be
considered another source with respect to other plants or operations owned by
the same person; and
(3) the owner
or operator of a facility that receives and stores, processes, or disposes
Class 1 waste from off-site in compliance with an exception from permit
required in §
335.2(d)(1) or
(2) of this title (relating to Permit
Required) must report Class 1 industrial waste received from off-site in the
Annual Waste Summary submitted for the receiving facility in accordance with
§
335.9
of this title (relating to Recordkeeping and Annual Reporting Procedures
Applicable to Generators).
Notes
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