(a) Generators are required to:
(1) keep records of all hazardous waste and industrial solid
waste activities regarding the quantities generated, stored, processed, and
disposed on-site or shipped off-site for storage, processing or disposal in
accordance with the requirements of §335.9 of this title (relating to
Recordkeeping and Annual Reporting Procedures Applicable to Generators);
(2) keep records of the dry weight amount of each waste designated
for disposal in an underground injection well and records of the amounts of
any solidification agents, brine, or other authorized material added to a
waste stream which may be excluded from the determination of dry weight under §361.326
of this title (relating to Dry Weight Determination);
(3) provide each operator of an underground injection well
a certificate of computation of the dry weight of a waste to be disposed.
For each off-site shipment, the dry weight amount of each hazardous waste
to be disposed in an underground injection well is to be recorded in Item
J of the Uniform Hazardous Waste Manifest as required under §335.30 of
this title (relating to Appendix I); and
(4) submit the appropriate reports required under §335.13(b)
of this title (relating to Recordkeeping and Reporting Procedures Applicable
to Generators Shipping Hazardous Waste or Class 1 Waste and Primary Exporters
of Hazardous Waste) on forms furnished or approved by the executive director.
(b) Owners or operators of waste storage, processing, or disposal
facilities are required to:
(1) for on-site facilities, keep records of all hazardous waste
and industrial solid waste activities regarding the quantities stored, processed,
and disposed on site or shipped off site for storage, processing, or disposal
in accordance with the requirements of §335.9 of this title;
(2) for off-site facilities, submit the appropriate reports
required under §335.15(2) of this title (relating to Recordkeeping and
Reporting Requirements Applicable to Owners or Operators of Storage, Processing,
or Disposal Facilities);
(3) record the dry-weight amount of each waste disposed in
an underground injection well at the facility;
(4) document the basis for the assessment of any applicable
fee as determined under §335.325 of this title (relating to Industrial
Solid Waste and Hazardous Waste Management Fee Assessment), including any
adjustment to or exemption from assessment; and
(5) except as provided in §335.328 of this title (relating
to Fees Payment), submit a monthly summary of on-site waste management activities
subject to the assessment of fees under §335.325 of this title on forms
furnished or approved by the executive director. This summary report shall
be due by the 25th day following the end of the month (or quarter) for which
a report is made. An owner or operator required to comply with this subsection
shall continue to prepare and submit monthly (or quarterly) summaries, regardless
of whether any storage, processing, or disposal was made during a particular
month (or quarter), by preparing and submitting a summary indicating that
no waste was managed during that month (or quarter).
(c) Records or reports required to be kept under this section
shall be retained for a minimum of three years after the date the record or
report is made.
(d) The periods of record retention required by this section
are automatically extended during the course of any unresolved enforcement
action regarding the regulated activity.
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Source Note: The provisions of this §335.329 adopted to be effective March 19, 1992, 17 TexReg 1737; amended to be effective August 24, 1992, 17 TexReg 5552; amended to be effective February 16, 1994, 19 TexReg 802; amended to be effective November 15, 2001, 26 TexReg 9135 |