This section applies to owners and operators of facilities
that receive hazardous waste or Class 1 waste from off-site sources
and owners and operators of facilities that have notified the executive
director of the intent to receive hazardous waste or Class 1 waste
from off-site sources.
(1) Manifest requirements. The owner or operator of
the treatment, storage, or disposal facility designated on the manifest
shall comply with the manifesting and recordkeeping requirements of
40 Code of Federal Regulations (CFR) Part 264, Subpart E as adopted
under §335.152 of this title (relating to Standards) or 40 CFR
Part 265, Subpart E as adopted under §335.112 of this title (relating
to Standards), the manifest copy submission requirements for certain
interstate waste shipments in 40 CFR §260.4 as adopted under §335.12
of this title (relating to Shipping Requirements Applicable to Owners
or Operators of Treatment, Storage, or Disposal Facilities), the electronic
manifest system and user fees for facilities that receive state-only
regulated waste shipments requirements in 40 CFR §260.5 as adopted
under §335.12 of this title, and 40 CFR Part 262, Subpart B as
adopted under §335.54 of this title (relating to Hazardous Waste
Manifest).
(2) Monthly Waste Receipt Summary. Except as provided
in paragraph (6) of this section or as provided in §335.24(h)
of this title (relating to Requirements for Recyclable Materials and
Nonhazardous Recyclable Materials), the owner or operator shall prepare
a complete and correct Monthly Waste Receipt Summary in accordance
with this paragraph. The owner or operator shall:
(A) submit a Monthly Waste Receipt Summary on or before
the 25th of every month;
(B) include all manifested and unmanifested hazardous
and Class 1 waste shipments received during the previous month, if
any;
(C) use the electronic interface provided by the executive
director unless the executive director has approved an alternative
reporting method; and
(D) identify the methods of treatment, storage, and
disposal of waste and units of measure using abbreviations and codes
provided by the executive director.
(3) Unmanifested waste report. An owner or operator
shall comply with the unmanifested waste reporting requirements of
this paragraph.
(A) An owner or operator that accepts hazardous waste
from an off-site source that is not excluded from the manifest requirements
of this chapter and is not accompanied by a manifest shall complete
and submit an unmanifested waste report within 15 days after receiving
the waste to the executive director that includes:
(i) the United States Environmental Protection Agency
(EPA) identification (ID) number, solid waste registration (SWR) number,
name, and address of the facility;
(ii) the date the facility received the waste;
(iii) the EPA ID number, SWR number, name, and address
of the generator and the transporter, if available;
(iv) a description and the quantity of each unmanifested
hazardous waste the facility received which was not accompanied by
a manifest;
(v) the method of treatment, storage, or disposal for
each hazardous waste;
(vi) the certification signed by the owner or operator
of the facility or his authorized representative; and
(vii) a brief explanation of why the waste was unmanifested,
if known.
(B) An owner or operator that accepts Class 1 waste,
that is not excluded from the manifest requirements of this chapter,
from an off-site source without an accompanying manifest shall complete
and submit an unmanifested waste report to the executive director
within 15 days after receiving the waste that contains:
(i) the EPA ID number, SWR number, name, and address
of the receiving facility;
(ii) the date the facility received the waste;
(iii) the EPA identification number, SWR number, name,
and address of the generator and the transporter, if available;
(iv) a description and the quantity of each unmanifested
Class 1 waste the facility received which was not accompanied by a
manifest;
(v) the method of treatment, storage, or disposal for
each Class 1 hazardous waste;
(vi) the certification signed by the owner or operator
of the facility or his authorized representative; and
(vii) a brief explanation of why the waste was unmanifested,
if known.
(4) Records retention. The owner or operator shall
retain a copy of each summary required by paragraphs (2) and (3) of
this section for a minimum of three years from the date of each summary.
(5) Extended records retention. The period of record
retention required by this section is automatically extended during
the course of any unresolved enforcement action regarding the regulated
activity.
(6) Monthly Waste Receipt Summary for reclamation of
hazardous waste generated by very small quantity generators. An owner
or operator reclaiming hazardous wastes received from a very small
quantity generator shall complete and submit a Monthly Waste Receipt
Summary unless the executive director has approved an exception from
reporting.
(7) Biennial report information provided in a Monthly
Waste Receipt Summary. Information which has already been submitted
by permitted or interim status facilities under the requirements of
this section and of Subchapter A of this chapter need not be included
in the reports required by 40 CFR §264.75 or §265.75 (relating
to Biennial Reports), as adopted under §335.112 and §335.152
of this title; these biennial reports must be submitted to the executive
director using a method approved by the executive director rather
than by EPA form.
(8) Class 1 industrial waste received from off-site
reported in Annual Waste Summary. The owner or operator of a facility
that stores, processes or disposes Class 1 industrial waste received
from off-site in accordance with an exception from permit required
under §335.2(d)(1) or (2) of this title (relating to Permit Required),
must report Class 1 industrial waste received from off-site on 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).
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Source Note: The provisions of this §335.15 adopted to be effective May 28, 1986, 11 TexReg 2335; amended to be effective July 14, 1987, 12 TexReg 2106; amended to be effective July 27, 1988, 13 TexReg 3515; amended to be effective February 4, 1994, 19 TexReg 509; amended to be effective November 20, 1996, 21 TexReg 10983; amended to be effective December 15, 1997, 22 TexReg 12060; amended to be effective May 20, 1999, 24 TexReg 3726; amended to be effective August 31, 2006, 31 TexReg6755; amended to be effective February 3, 2022, 47 TexReg 318 |