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RULE §335.502Conversion to Waste Notification and Classification System

(a) Waste notification information as required under §335.6 of this title (relating to Notification Requirements) and waste codes required under §335.10(b) of this title (relating to Shipping and Reporting Procedures Applicable to Generators of Hazardous Waste or Class 1 Waste and Primary Exporters of Hazardous Waste) shall be assigned by the generator and provided to the executive director as provided by this chapter.

  (1) All waste notification information provided in accordance with the schedule set forth in this subchapter shall be provided in a format defined by the executive director.

  (2) All waste notification information may be submitted on paper or by electronic data transmission, in accordance with the requirements of §335.6 of this title.

  (3) Forms and format information for submitting notice of registration information on paper or by electronic means may be obtained by contacting the agency at the address listed in Appendix 2 of this subchapter.

(b) The effective date for management of all wastes under this chapter is January 1, 1995. On and after this date, all solid waste generated or otherwise handled in the state shall be classified and accordingly managed pursuant to this subchapter.

(c) After the effective management date as provided in subsection (b) of this section, future reclassification of a waste may be required because of changes in classification criteria. A generator whose waste stream is reclassified to a more stringent waste classification after the effective management date of this subchapter as provided in subsection (b) of this section must reclassify the waste and begin managing the waste according to the more stringent classification requirements according to the following schedule:

  (1) if mandated by a federal or state law, as specified in that law;

  (2) if a date is provided in the adoption of the amendment, as required in that rule adoption;

  (3) if not otherwise specified, within 180 days of the effective date of the rule amendment adopting the new classification criteria;

  (4) in situations where a compliance date creates an unusual hardship a generator may request a different implementation time under the variance provisions of §335.514 of this title (relating to Variance from Waste Classification Provisions).

Source Note: The provisions of this §335.502 adopted to be effective November 27, 1992, 17 TexReg 8010; amended to be effective February 24, 1994, 19 TexReg 1042; amended to be effective November 15, 2001, 26 TexReg 9135

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