|(a) A registration by rule is granted for persons that
plan to transport medical waste. The transporter shall complete registration
forms provided by the commission and submit the following information
to the executive director at least 60 days prior to commencing operations:
(1) Applicant information. Name, address, and telephone
number of registrant.
(2) Partner, corporate officer and director information.
Name, address, and telephone number of partners, corporate officers,
and directors, if applicable.
(3) Fee information. Transporters shall pay an annual
registration fee to the commission based upon the total weight or
volume of untreated medical waste transported. Transporter fees are
located in Subchapter G of this chapter (relating to Fees and Reporting).
(4) Transportation unit information. Description of
each transportation unit, including:
(A) make, model, and year;
(B) motor vehicle identification number, if applicable;
(C) license plate (tag) number, including state and
(D) name of transportation unit owner or operator.
(5) Instructions for mailing fees. Fees assessed in §326.87(b)
of this title (relating to Fees) by the executive director shall be
paid by the registrant within 30 days of the date of the invoice and
shall be submitted in the form of a check, money order, or a copy
of an electronic payment confirmation made payable to the agency cashier.
(b) Other requirements.
(1) Registrations by rule expire annually on September
30th of each year for all transporters. Registrations by rule shall
not be renewed unless the owner or operator has submitted to the executive
(A) an annual report in accordance with §326.89(d)
of this title (relating to Reports);
(B) an annual fee in accordance with §326.87(b)
of this title; and
(C) a renewal form to the executive director prior
to the expiration of the registration by rule, but no later than August
(2) When an owner or operator has made timely application
for the renewal of a registration by rule, the existing registration
by rule will not be renewed until the application has been determined
administratively complete by the executive director.
(3) The executive director shall, after review of any
application for registration by rule, approve or deny the application.
This action shall be based on whether the application meets the requirements
of this chapter.
(4) Failure to timely pay the annual fee eliminates
the option to manage wastes.
(5) The executive director will send a copy of the
registration by rule issued with an assigned registration number,
to the owner or operator.
(6) Requirements for a transportation unit and associated
cargo compartment used to collect or transport untreated medical waste
that is packaged and labeled as described in Subchapter B of this
chapter (relating to Packaging, Labeling and Shipping Requirements)
are as follows:
(A) The transportation unit used to collect and or
transport medical waste shall:
(i) have a fully enclosed, leak-proof, cargo-carrying
body, such as a cargo compartment, box trailer, or roll-off box;
(ii) protect the waste from mechanical stress or compaction;
(iii) carry spill cleanup equipment including, but
not limited to, disinfectants, absorbent materials, personal protective
equipment such as gloves, coveralls, and eye protection, and leak-proof
containers or packaging materials; and
(iv) have the following identification on the two sides
and back of the cargo-carrying compartment in letters at least three
inches high: (the name of the transporter); TCEQ; (registration by
rule number); and Caution: Medical Waste.
(B) The cargo compartment of the vehicle or trailer
(i) be maintained in a sanitary condition;
(ii) be locked when the vehicle or trailer is in motion;
(iii) be locked or secured when waste is present in
the compartment except during loading or unloading of waste;
(iv) have a floor and sides made of an impervious,
(v) have all discharge openings securely closed during
operation of the vehicle or trailer; and
(vi) maintain a temperature of 45 degrees Fahrenheit
or less for putrescible or biohazardous untreated medical waste transported
for longer than 72 hours during post-collection storage period.
(7) Transportation units used to transport untreated
medical waste shall not be used to transport any other material until
the transportation unit has been cleaned and the cargo compartment
disinfected. A written record of the date and the process used to
clean and disinfect the transportation unit shall be maintained for
three years unless the commission directs a longer holding period.
The record must identify the transportation unit by motor vehicle
identification number or license tag number. The owner or operator
of the transportation unit, if not the registered transporter, shall
be notified in writing by the transporter that the transportation
unit has been used to transport medical waste and when and how the
transportation unit was disinfected.
(8) The transporter shall maintain a record of each
waste shipment collection and deposition. The record shall be in the
form of a manifest or other similar documentation and copies may be
maintained in electronic media as described in §326.23(d) of
this title (relating to Shipping). The transporter shall retain a
copy of all manifests showing the collection and disposition of the
medical waste. Copies of manifests shall be retained by the transporters
for a minimum of three years in the transporter's main office and
made available to the commission upon request. The manifest or other
similar documentation shall include:
(A) transporter's name, address, telephone number,
and assigned transporter registration number;
(B) name and address of the person that generated the
untreated medical waste and the date collected;
(C) total volume or the total weight of the containers
from each generator of untreated medical waste collected for transportation;
(D) name of persons collecting, transporting, and unloading
(E) date and place where the untreated medical waste
was deposited or unloaded;
(F) identification (authorization number, location,
and operator) of the facility where the untreated medical waste was
(G) name and signature in writing or through an electronic
record as allowed by the executive director of facility representative
acknowledging receipt of the untreated medical waste and the weight
or volume of containers of waste received.
(9) The transporter shall furnish the generator a signed
manifest for each shipment at the time of collection of the waste.
The manifest shall include the name, address, telephone number, and
registration number of the transporter. The document shall also identify
the generator by name and address, and shall list the weight of waste
or volume of containers collected and date of collection. The transporter
must provide the generator with a written or electronic statement
of the total weight or volume of the containers collected within 45
(10) The transporter must be able to provide a manifest
for each shipment from the point of collection through and including
the unloading of the waste at a facility authorized to accept the
waste. The original manifest or an electronic record as allowed by
the executive director must accompany each shipment of untreated waste
to its final destination. The transporter shall ensure the proper
collection and deposition of untreated medical waste accepted for
(11) Shipments of untreated medical waste shall be
stored or deposited only at a facility that has been authorized by
the commission to accept untreated medical waste. Untreated medical
waste that is transported out of the state shall be deposited at a
facility that is authorized by the appropriate agency having jurisdiction
over such waste.
(12) Shipments of untreated medical waste, properly
containerized Animal and Plant Health Inspection Service (APHIS) regulated
garbage, and non-hazardous pharmaceutical waste may be commingled
during transport or storage. Authorizations for the acceptance of
APHIS regulated garbage shall be obtained from United Stated Department
of Agriculture, Animal and Plant Health Inspection Service.
(13) Shipments of untreated medical waste, properly
containerized APHIS regulated garbage, and non-hazardous pharmaceutical
waste that are commingled with any other waste (such as rubbish, garbage,
hazardous waste, asbestos, or radioactive waste regulated under 25
TAC Chapter 289 (relating to Radiation Control)), shall be delivered
to the same treatment facility.
(14) The post-collection storage of medical waste by
a transporter shall be in a secure manner and location that affords
protection from theft, vandalism, inadvertent human or animal exposure,
rain, water, and wind. The waste shall be managed so as not to provide
a breeding place or food for insects or rodents, and not generate
(15) Transporters shall not accept untreated medical
waste unless the generator has packaged the waste in accordance with
the provisions of §§326.17, 326.19, and 326.21 of this title
(relating to Identification; Packaging; and Labeling Containers Excluding
Sharps, respectively). Transporters shall not accept containers of
waste that are leaking or damaged unless or until the shipment has
been repackaged. All transporters described in this subsection must
obtain any additional transportation authorizations to comply with
local, state and federal rules.
(16) Persons who engage in the transportation of waste
within Texas when the transportation neither originates nor terminates
in Texas are exempt from these regulations, except for paragraph (6)(A)(i)
- (iii) and (B) of this subsection.
(17) Packages of untreated medical waste shall not
be transferred between transportation units unless the transfer occurs
at and on the premises of a facility authorized as a transfer station,
or at a treatment/processing facility that has been approved to function
as a transfer station except as provided in §326.43 of this title
(relating to Medical Waste Collection and Transfer by Licensed Hospitals).
(18) In case of transportation unit malfunction, the
waste shipment may be transferred to an operational transportation
unit and the executive director, and any local pollution agency with
jurisdiction that has requested to be notified, shall be notified
of the incident in writing within five working days. The incident
report shall list all transportation units involved in transporting
the waste and the cause, if known, of the transportation unit malfunction.
Update to the transporter's registration by rule is required when
the new unit or units are placed in medical waste transport service
for a period of time exceeding five days. When using a unit not registered,
the transporter shall comply with paragraphs (6) and (7) of this subsection.
(19) In case of a traffic accident, the waste shipment
may be transferred to an operating transportation unit if necessary.
Any containers of waste that were damaged in the accident shall be
repackaged as soon as possible. The nearest regional office, and any
local pollution agency with jurisdiction that has requested to be
notified, shall be notified of the incident no later than the end
of the next working day. The incident report shall list all vehicles
involved in transporting the waste.
(20) Persons that apply for the registration by rule
must maintain a copy of the registration by rule issued by the executive
director with an assigned registration by rule number, at their designated
place of business and with each transportation unit used to transport
untreated medical waste.
(c) Changes to the registration by rule. Transporters
shall notify the executive director, and any local pollution agency
with jurisdiction that has requested to be notified, by letter, within
30 days of any changes to their registration if:
(1) the office or place of business is moved;
(2) the name of owner or operator of the operation
(3) the name of the partners, corporate directors,
or corporate officers change; or
(4) the unit information has changed.