| (a) Except as provided in §§330.7, 330.11,
330.13, or 330.25 of this title (relating to Permit Required; Notification
Required; Waste Management Activities Exempt from Permitting, Registration,
or Notification; Relationship with County Licensing System), no person
may cause, suffer, allow, or permit any activity of storage, processing,
removal, or disposal of any municipal solid waste (MSW) unless that
activity is authorized by a registration or other authorization from
the commission. In the event this requirement is violated, the executive
director may seek recourse against not only the person that stored,
processed, or disposed of the waste but also against the generator,
transporter, owner or operator, or other person who caused, suffered,
allowed, or permitted waste to be stored, processed, or disposed.
No person may commence physical construction of a new MSW management
facility subject to this registration requirement without first having
submitted a registration application in accordance with §§330.57,
330.59, 330.61, 330.63, and 330.65 of this title (relating to Permit
and Registration Application Procedures) and received a registration
from the commission. A person shall include a statement justifying
the facility's eligibility for a registration as established under
this section. A person shall submit a claim for a registration by
rule in duplicate with one copy sent directly to the appropriate Texas
Commission on Environmental Quality regional office.
(b) A registration is required for an MSW transfer
station facility that is used in the transfer of MSW to a solid waste
processing or disposal facility from any of the following:
(1) a municipality with a population of less than 50,000;
(2) a county with a population of less than 85,000;
(3) a facility used in the transfer of MSW that transfers
or will transfer 125 tons per day or less; or
(4) a transfer station located within the permitted
boundaries of an MSW Type I or Type IV facility as specified in §330.5(a)
of this title (relating to Classification of Municipal Solid Waste
Facilities).
(c) A registration is required to establish a waste-separation/recycling
facility established at a permitted MSW facility if owned by the permittee.
(d) A registration is required for a facility where
the only operation is the storage and/or processing of used and scrap
tires as provided for in Chapter 328 of this title (relating to Waste
Minimization and Recycling). These facilities shall be registered
with the executive director in accordance with Chapter 328 of this
title. Failure to operate such registered facilities in accordance
with the requirements established in Chapter 328 of this title may
be grounds for the revocation of the registration.
(e) A registration is required for any new MSW Type
V transfer station that includes a material recovery operation that
meets all of the following requirements.
(1) Materials recovery. The owner or operator must
recover 10% or more by weight or weight equivalent of the total incoming
waste stream for reuse or recycling; ensure that the incoming waste
has already been reduced by at least 10% through a source-separation
recycling program; or, also operate one or more source-separation
recycling programs in the county where the transfer station is located
and those source-separation recycling programs manage a total weight
or weight equivalent of recyclable materials equal to 10% or more
by weight or weight equivalent of the incoming waste stream to all
transfer stations to which credit is being applied. The owner or operator
must demonstrate in the registration application the method that will
be used to assure that the 10% requirement is achieved.
(2) Distance to a landfill. The transfer facility must
demonstrate in the registration application that it will transfer
the remaining nonrecyclable waste to a landfill not more than 50 miles
from the facility.
(f) Except as provided in §330.11(d) of this title,
a registration is required for an MSW Type V processing facility that
processes only grease trap waste, grit trap waste, or septage or a
combination of these three liquid wastes in accordance with either
paragraph (1) or (2) of this subsection. For the purposes of this
section, grit trap waste means grit trap waste from commercial car
washes and excludes grit trap waste from other generators.
(1) The facility must attain a 10% recovery of material
for beneficial use from the incoming waste. Recovery of material for
beneficial use is considered to be the recovery of fats, oils, greases,
and the recovery of food solids for composting, but does not include
the recovery of water. The Type V processing facilities issued a registration
under a permit exemption based on 10% recovery of material for beneficial
use must maintain records in accordance with the requirements of §330.219(b)(9)
of this title (relating to Recordkeeping and Reporting Requirements).
Records and a report must be provided on a quarterly basis to the
executive director that demonstrate that at least 10% of the volume
of the waste received was processed to recover solid material that
was recycled or reused. Failure to achieve the relevant percent recycling
rate in any two quarters within any one-year period will cause a registration
to terminate and will require the owner or operator of the facility
to obtain a permit to continue facility operations. The quarterly
report must provide the volume received, percent solids, and the method
of determining the percent solids, processed, disposed, and recycled
or reused. Records must be kept on a volume basis in gallons except
that solids passing the paint filter test may be reported in cubic
yard volume converted to gallons. The methods of recycling or reuse
must be specified in the report. Records must be kept for solids and
recyclable material leaving these facilities in the form of manifests,
shipping documents, or trip tickets. The quarterly report must include
manifests, shipping documents, or trip tickets to show where the recyclable
material was taken for recycling, and the recycled material must be
reconciled with the volume of waste received. Water discharged from
processing is not allowed to be counted as part of the 10% recovery
of material. Recovery and recycling or reuse of fats, oils, and greases
may be considered a part of recycling for this activity. Composting
of solids resulting from waste processing may be considered to be
recycling as part of this activity. Any material such as lime, polymer,
or flocculent added as part of the facility process is not allowed
to be considered as part of the 10% recovery of material from the
waste stream and must be subtracted from the material considered as
recycled. Diversion of material from the waste stream without processing
is not considered to be recycling as part of this activity.
(2) The Type V processing facility must be located
at a manned treatment facility that is permitted under Texas Water
Code, Chapter 26; is permitted to discharge at least one million gallons
per day; and is owned by and operated for the benefit of a political
subdivision of this state. Facilities that have received a permit
and wish to add capacity may apply for a registration in lieu of a
permit amendment if the facilities meet the registration requirements
established in this chapter.
(g) A registration is required for a mobile liquid
waste processing unit that processes only grease trap waste, grit
trap waste, or septage or a combination of these three liquid wastes.
For the purposes of this section, grit trap waste means grit trap
waste from commercial car washes and excludes grit trap waste from
other generators. Registration applications shall contain the information
specified in §§330.59(a) and (e) - (h), 330.61(a) and (b),
and 330.63(a), (d)(6), (h), and (j) of this title (relating to Contents
of Part I of the Application; Contents of Part II of the Application;
and Contents of Part III of the Application). The following requirements
also apply.
(1) Mobile liquid waste processing shall be limited
to the processing of liquid waste while at the generator's trap.
(2) Effluent from the processing of the liquid waste
must be discharged to the generator's trap or interceptor.
(3) The mobile liquid waste processing units regulated
under this section include truck-mounted processes that are also known
as separator trucks, and any other liquid waste processes that are
not considered to be fixed to a specific location.
(4) This section is not meant to supplant rules or
ordinances of local governments where stricter standards are in effect.
(5) This section is not applicable to septage if waste
has received only a pH adjustment prior to or during transportation
for disposal at a treatment facility permitted under Texas Water Code,
Chapter 26, or other authorized facility. Transporters who only adjust
septage pH during transportation shall register in accordance with §312.142
of this title (relating to Transporter Registration).
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