| (a) A permit, registration, notification, or other
authorization is not required for the disposal of up to 2,000 pounds
per year of litter or other solid waste generated by an individual
on that individual's own land and is not required to comply with §330.19
of this title (relating to Deed Recordation) provided that:
(1) the litter or waste is generated on land that the
individual owns;
(2) the litter or waste is not generated as a result
of an activity related to a commercial purpose;
(3) the disposal occurs on land that the individual
owns;
(4) the disposal is not for a commercial purpose;
(5) the waste disposed of is not hazardous waste or
industrial waste;
(6) the waste disposal method complies with Chapter
111, Subchapter B of this title (relating to Outdoor Burning); and
(7) the waste disposal method does not contribute to
a nuisance and does not endanger the public health or the environment.
Exceeding 2,000 pounds per individual's residence per year is considered
to be a nuisance.
(b) A permit, registration, notification, or other
authorization is not required for the disposal of animal carcasses
from government roadway maintenance where:
(1) either of the following:
(A) the animals were killed on county or municipal
roadways and the carcasses are buried on property owned by the entity
that is responsible for road maintenance; or
(B) the animals were killed on state highway rights-of-way
and the carcasses are disposed of by the Texas Department of Transportation
by burying the carcasses on state highway rights-of-way; and
(2) the waste disposal method does not contribute to
a nuisance and does not endanger the public health or the environment;
and
(3) the animal carcasses are covered with at least
two feet of soil within 24 hours of collection in accordance with §330.171(c)(2)
of this title (relating to Disposal of Special Wastes).
(c) A permit, registration, notification, or other
authorization is not required for veterinarians performing activities
as authorized by Texas Occupations Code, §801.361, Disposal of
Animal Remains. Disposal by burning under this section must comply
only with §111.209(3) of this title (relating to Exception for
Disposal Fires).
(d) Except as required by §330.7(c)(2) and §330.9(a)
of this title (relating to Permit Required; and Registration Required),
a permit, registration, notification, or other authorization is not
required for transporters of municipal solid waste.
(e) A permit, registration, notification, or other
authorization is not required for a collection point for parking lot
or street sweepings or wastes collected and received in sealed plastic
bags from such activities as periodic city-wide cleanup campaigns
and cleanup of rights-of-way or roadside parks.
(f) A permit, registration, notification, or other
authorization is not required from a car wash facility for drying
grit trap waste as long as these wastes are dried and disposed of
in compliance with applicable federal, state, and local regulations.
Grit trap waste from car wash facilities may be transported for drying
purposes to other property if the car wash facility and the property
with the drying bed have the same owner and if the facilities are
located within 50 miles of each other. This subsection is not intended
to preempt or supersede local government regulation of grit trap waste-drying
facilities. Drying facilities must comply with Chapter 116 of this
title (relating to Control of Air Pollution by Permits for New Construction
or Modification) if applicable.
(g) A permit, registration, notification, or other
authorization is not required for a gasification or pyrolysis facility.
The owner or operator shall keep records onsite to demonstrate:
(1) that the primary function of the facility is to
convert materials that have a resale value greater than the cost of
converting the materials for subsequent beneficial use. The demonstration
may consist of the following information:
(A) documentation to support all costs associated with
processing materials versus the resale value for the intended beneficial
use; or
(B) published indices or buyer contracts, proposed
turnover rates, and calculations to show a resale value greater than
the costs associated with processing materials.
(2) identification of the disposal site(s) authorized
by the commission where all solid waste generated from converting
the materials will be disposed of.
|
| Source Note: The provisions of this §330.13 adopted to be effective March 27, 2006, 31 TexReg 2502; amended to be effective May 26, 2016, 41 TexReg 3735; amended to be effective October 29, 2020, 45 TexReg 7605 |
