| (a) No generator shall transport petroleum-substance
waste from the generating site unless the waste has been properly
sampled to determine the levels of all possible contaminants in the
waste. Necessary documentation shall, at a minimum, consist of documentation
on the sampling, handling, chain-of-custody documentation, and copies
of signed laboratory reports on samples collected from the specified
wastes that contain results of analysis for:
(1) the major components of the petroleum-substance
waste such as benzene, toluene, ethylbenzene, total xylenes, and total
petroleum hydrocarbons or the major components of total petroleum
hydrocarbons; and
(2) any other contaminants as specified by the agency
based on specific conditions of the generating site.
(b) No generator of petroleum-substance waste within
the State of Texas shall allow the transport of such wastes to an
off-site waste storage, treatment, reuse, or disposal facility unless
the following requirements are met:
(1) a Texas Commission on Environmental Quality (TCEQ)
petroleum-substance manifest is initiated, to include all applicable
information, by the generator; and
(2) the generator designates on the manifest at least
one facility or area legally authorized to receive the waste. A generator
may also designate one alternate facility or area which is legally
authorized to receive the waste in the event an emergency prevents
delivery of the waste to the primary designated facility. If the transporter
is unable to deliver the waste to either the designated facility or
the alternate facility, the generator shall either immediately designate
another facility for receipt or instruct the transporter to immediately
return the waste. Upon such redesignation by the generator, the generator
shall immediately prepare an amended waste manifest.
(c) No generator of petroleum-substance waste from
outside of the State of Texas shall allow transport of waste into
the State of Texas unless the following requirements are met:
(1) a TCEQ petroleum-substance manifest is initiated
by the generator to include all applicable information;
(2) the manifest shall accompany the waste to the receiving
facility; and
(3) the waste is classified as non-hazardous by the
state in which it is generated.
(d) At the time of waste transfer, the generator or
generator's authorized representative shall:
(1) sign the manifest by hand;
(2) obtain the handwritten signature of the initial
transporter and date of acceptance on the manifest;
(3) retain one copy, in accordance with §334.497
of this title (relating to Recordkeeping and Reporting Procedures
Applicable to Generators); and
(4) give the transporter the remaining copies of the
manifest.
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| Source Note: The provisions of this §334.496 adopted to be effective December 27, 1996, 21 TexReg 12177; amended to be effective November 23, 2000, 25 TexReg 11442; amended to be effective May 31, 2018, 43 TexReg 3390 |
