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RULE §335.401Purpose and Applicability

(a) The purpose of this subchapter is to provide requirements for persons who are involved in any combination of collecting, aggregating, offering for reuse, recycling, transporting, or disposing of household hazardous wastes and other types of household waste materials that may, due to their quantity and characteristics, pose a potential endangerment to human health or the environment if improperly handled.

(b) The requirements of this subchapter apply to persons who engage in any combination of the following activities:

  (1) collect, aggregate, or store household hazardous waste for offering for reuse, recycling, processing, or disposal;

  (2) provide a point of generation pick-up service;

  (3) operate a mobile collection unit;

  (4) operate a collection event;

  (5) operate a permanent collection center;

  (6) transport any aggregated household hazardous waste; and

  (7) own or manage a hazardous waste processing, storage or disposal facility that receives household hazardous waste directly from the public or households.

(c) The requirements of this subchapter do not apply to:

  (1) persons who receive from households for the purpose of reuse, recycling or reclamation any combination of used oil, batteries, antifreeze, and paint, provided such persons do not collect other household hazardous waste or other household wastes under the requirements of this subchapter;

  (2) persons who collect less than 100 pounds of household hazardous waste per year;

  (3) retailers who accept from the public only waste items that are of the same type(s) as products sold by the retailer;

  (4) collection events organized primarily for the purpose of collecting for processing or disposal pesticides and other wastes from agricultural operations and incidental amounts of household hazardous wastes, if no fees are charged for the collection and if registered transporters are used to haul the collected wastes to hazardous waste processing, storage, or disposal facilities; or

  (5) organizations that collect used electronic equipment from the public for reuse, provided such individuals do not make a determination during the collection of whether the electronics are wastes, do not handle the electronics in a manner that renders them useless, and do not collect household hazardous waste or other household wastes covered under the requirements of this subchapter.

(d) Any provisions of this subchapter may be waived by the executive director for emergencies, disasters, or in other circumstances where flexibility from the requirements is necessary to protect public health and the environment.

Source Note: The provisions of this §335.401 adopted to be effective July 31, 2008, 33 TexReg 5947

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