| (2) The facility access road from a publicly owned
roadway must be at least a two-lane gravel or paved road, designed
for the expected traffic flow. Safe on-site access for all vehicles
must be provided. The access road design must include adequate turning
radii according to the vehicles that will utilize the facility and
avoid disruption of normal traffic patterns. Vehicle parking must
be provided for equipment, employees, and visitors. Safety bumpers
at hoppers must be provided for vehicles. A positive means to control
dust and mud must be provided.
(3) Access to the facility shall be controlled by a
perimeter fence, consisting of a four-foot barbed wire fence or a
six-foot chain-link fence or equivalent, and have lockable gates.
An attendant shall be on-site during operating hours. The operating
area and transport unit storage area shall be enclosed by walls or
fencing.
(h) Unloading of waste.
(1) The unloading of solid waste shall be confined
to as small an area as practical. An attendant shall be provided at
all facilities to monitor all incoming loads of waste. Appropriate
signs shall also be used to indicate where vehicles are to unload.
The owner or operator is not required to accept any solid waste that
he/she determines will cause or may cause problems in maintaining
full and continuous compliance with these sections.
(2) The unloading of waste in unauthorized areas is
prohibited. The owner or operator shall ensure that any waste deposited
in an unauthorized area will be removed immediately and managed properly.
(3) The unloading of prohibited wastes at the medical
waste facility shall not be allowed. The owner or operator shall ensure
that any prohibited waste will be returned immediately to the transporter
or generator of the waste.
(i) Operating hours. A site operating plan must specify
operating hours. The operating hours may be any time between the hours
of 7:00 a.m. and 7:00 p.m., Monday through Friday, unless otherwise
approved by the executive director or commission for a registration.
(1) In addition to the requirements of this subsection,
the authorization may include alternative operating hours of up to
five days in a calendar-year period to accommodate special occasions,
special purpose events, holidays, or other special occurrences.
(2) The agency regional office may allow additional
temporary operating hours to address disaster or other emergency situations,
or other unforeseen circumstances that could result in the disruption
of waste management services in the area.
(3) The facility must record, in the site operating
record, the dates, times, and duration when any alternative operating
hours are utilized.
(j) Facility sign. Each facility shall conspicuously
display at all entrances to the facility through which wastes are
received, a sign measuring at least four feet by four feet with letters
at least three inches in height stating the facility name; type of
facility; the hours and days of operation; the authorization number
of the facility; and facility rules. The posting of erroneous or misleading
information shall constitute a violation of this section.
(k) Control of windblown material and litter. Windblown
material and litter within the registration boundary shall be collected
as necessary to minimize unhealthy, unsafe, or unsightly conditions.
(l) Facility access roads.
(1) All-weather roads shall be provided within the
facility to the unloading area(s) designated for wet-weather operation.
The tracking of mud and debris onto public roadways from the facility
shall be minimized.
(2) Dust from on-site and other access roadways shall
not become a nuisance to surrounding areas. A water source and necessary
equipment or other means of dust control shall be provided.
(3) All on-site access roads owned or controlled by
the owner or operator shall be maintained to minimize depressions,
ruts, and potholes on a regular basis. For the maintenance of other
access roadways not owned or controlled by the owner or operator,
the owner or operator shall coordinate with the Texas Department of
Transportation, county, and/or local governments with maintenance
authority over the roads.
(m) Noise pollution and visual screening. The owner
or operator of a transfer station shall provide screening or other
measures to minimize noise pollution and adverse visual impacts.
(n) Overloading and breakdown.
(1) The design capacity of the facility shall not be
exceeded during operation. The facility shall not accumulate solid
waste in quantities that cannot be processed within such time as will
preclude the creation of odors, insect breeding, or harborage of other
vectors. If such accumulations occur, additional solid waste shall
not be received until the adverse conditions are abated.
(2) If a significant work stoppage should occur at
a solid waste processing facility due to a mechanical breakdown or
other causes, the facility shall accordingly restrict the receiving
of solid waste. Under such circumstances, incoming solid waste shall
be diverted to an approved backup processing or disposal facility.
If the work stoppage is anticipated to last long enough to create
objectionable odors, insect breeding, or harborage of vectors, steps
shall be taken to remove the accumulated solid waste from the facility
to an approved backup processing or disposal facility.
(3) The owner or operator shall have alternative processing
or disposal procedures for the solid waste in the event that the facility
becomes inoperable for periods longer than 24 hours.
(o) Sanitation.
(1) The owner or operator shall provide potable water
and sanitary facilities for all employees and visitors.
(2) At processing facilities, all working surfaces
that come in contact with wastes shall be washed down on a weekly
basis at the completion of processing. Processing facilities that
operate on a continuous basis shall be swept daily and washed down
at least twice per week.
(3) Wash waters shall not be accumulated on site without
proper treatment to prevent the creation of odors or an attraction
to vectors.
(4) All wash waters shall be collected and disposed
of in an authorized manner.
(p) Ventilation and air pollution control. All facilities
and air pollution abatement devices must obtain authorization, under
Texas Health and Safety Code (THSC), Chapter 382 (Texas Clean Air
Act) and Chapter 106 or 116 of this title (relating to Permits by
Rule; and Control of Air Pollution by Permits for New Construction
or Modification), from the Air Permits Division prior to the commencement
of construction, except as authorized in THSC, §382.004. Additionally,
all facilities and air pollution abatement devices must operate in
compliance with all applicable air related rules including Chapter
101 of this title (relating to General Air Quality Rules) related
to prevention of nuisance odors, minimizing maintenance, startup and
shutdown emissions, and emission event reporting and recordkeeping.
(q) Health and safety. Facility personnel shall be
trained in the appropriate sections of the facility's health and safety
plan.
(r) Disposal of treated medical waste. Medical wastes
that have been treated in accordance with the provisions of 25 TAC §1.136
may be managed as routine municipal solid waste unless otherwise specified
in paragraphs (1) - (5) of this subsection.
(1) Incinerator ash shall be disposed of in a permitted
landfill in accordance with Chapter 330 of this title (relating to
Municipal Solid Waste).
(2) Treated microbiological waste, blood, blood products,
body fluids, laboratory specimens of blood and tissue, and animal
bedding may be disposed of in a permitted landfill. Any markings that
identify the waste as a medical waste shall be covered with a label
that identifies the waste as treated medical waste. The identification
of the waste as treated may be accomplished by the use of color-coded,
disposable containers for the treated waste or by a label that states
that the contents of the disposable container have been treated in
accordance with the provisions of 25 TAC §1.136.
(3) Treated carcasses and body parts of animals designated
as a medical waste may, after treatment, be disposed of in a permitted
landfill in accordance with Chapter 330 of this title. The collection
and transportation of these wastes shall conform to the applicable
local ordinance or rule, if such ordinance or rule is more stringent
than this subsection.
(4) Treated recognizable human body parts, tissues,
fetuses, organs, and the products of human abortions, spontaneous
or induced, shall not be disposed of in a municipal solid waste landfill.
These items shall be disposed of in accordance with the provisions
of 25 TAC §1.136(a)(4).
(5) Sharps treated and containerized with one of the
approved methods as described under 25 TAC §1.136(a)(5) shall
be disposed of in a permitted landfill in accordance with Chapter
330 of this title. Unused sharps shall be disposed of as treated sharps.
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