30 Tex. Admin. Code § 335.9 - Recordkeeping and Annual Reporting Procedures Applicable to Generators
(a) A generator of
hazardous or industrial solid waste shall comply with the recordkeeping and
reporting requirements of this section. Nonhazardous recyclable materials
regulated under §
335.24(h)
of this title (relating to Requirements for Recyclable Materials and
Nonhazardous Recyclable Materials), are not subject to the requirements of this
section.
(1) A generator shall make and keep
records of all hazardous and industrial solid waste activities regarding the
quantities generated, received from off-site, stored, processed, and disposed
of on-site or shipped off-site for storage, processing, recycling, or disposal.
These records must , at a minimum, include the information described in
subparagraphs (A) - (G) of this paragraph. These records must be maintained in
a readily retrievable format. The required records must be sufficiently
detailed and complete to support any contentions or claims made by the
generator with respect to:
(A) the
description, character, and classification of each waste, in accordance with
Subchapter R of this chapter (relating to Waste Classification) and any changes
and additional information required under §
335.6(c) and
(d) of this title (relating to Notification
Requirements);
(B) the quantity
generated;
(C) except generators
that generate less than 100 kilograms of non-acute hazardous waste, less than 1
kilogram of acute hazardous waste, and less than 100 kilograms of industrial
Class 1 waste per calendar month , the quantity held in on-site storage as of
December 31 of each calendar year;
(D) the quantity processed or disposed of at
each on-site facility unit during the calendar year;
(E) the method of storage, processing, or
disposal as described by codes listed on the form or instructions;
(F) the quantity shipped off-site for
storage, processing, or disposal each calendar year, including the transporter
and the name, address, and location of each off-site facility receiving
shipments; and
(G) the location of
each hazardous waste satellite accumulation area where hazardous wastes are
temporarily accumulated in accordance with § 335.53 of this title
(relating to General Standards Applicable to Generators of Hazardous
Waste).
(2) The
generator shall submit to the executive director a complete and correct Annual
Waste Summary using the electronic interface, paper forms, or other method
approved by the executive director by the deadlines provided in, and in
accordance with, this paragraph.
(A)
Generators submitting their Annual Waste Summary on paper forms must do so on
or before January 25 of the year following the reporting calendar year unless
the executive director has approved a request for an extension.
(B) Generators submitting their Annual Waste
Summary electronically must do so on or before March 1 of the year following
the reporting calendar year unless the executive director has approved a
request for an extension.
(C) The
Annual Waste Summary shall include the information under paragraph (1) of this
subsection and detailed information regarding:
(i) the management of each hazardous and
industrial Class 1 waste generated on-site during the reporting calendar
year;
(ii) the management of each
hazardous and industrial Class 1 waste received from off-site during the
reporting calendar year; and
(iii)
the management of each hazardous and industrial Class 1 waste received from
off-site or generated in a year prior to the reporting year and managed on-site
during the reporting calendar year.
(D) A large quantity generator must submit
the Annual Waste Summary using the electronic interface provided by the
executive director unless the executive director has approved an alternative
reporting method.
(3) A
generator that certifies on the Annual Waste Summary that the generator met the
conditions in this paragraph during the reporting calendar year is not required
to submit the information in paragraph (2) of this subsection.
(A) The volume of hazardous waste accumulated
on-site did not exceed the volumes for a very small generator classification in
40 Code of Federal Regulations (CFR) §262.14(a)(3) and (4) as adopted
under § 335.53 of this title;
(B) The generator generated less than:
(i) 1,200 kilograms of non-acute hazardous
waste;
(ii) 1,200 kilograms of
industrial Class 1 waste; and
(iii)
1 kilogram of acute hazardous waste.
(4) A generator is not required to submit an
Annual Waste Summary if, during the entire calendar year, that generator:.
(A) meets the conditions for exemption for a
very small quantity generator under § 335.53 of this title;
(B) generates less than 100 kilograms of
industrial class 1 waste per month; and
(C) meets the requirements of paragraph (3)
of this subsection.
(b) A large quantity generator that ships
hazardous waste off-site, treats, stores, or disposes of hazardous waste
onsite, or receives hazardous waste from very small quantity generators must
submit the biennial report information required by
40 CFR §
262.41, adopted under § 335.56 of this
title (relating to Recordkeeping and Reporting Applicable to Small and Large
Quantity Generators). Information submitted in accordance with Subchapter A of
this chapter (relating to Industrial Solid Waste and Municipal Hazardous Waste
in General), Subchapter C of this chapter (relating to Standards Applicable to
Generators of Hazardous Waste), and Subchapter R of this chapter (relating to
Waste Classification) is not required to be resubmitted in a biennial report
required by
40 CFR §
262.41.
Notes
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