| (a) Generators may transport their own untreated waste
or shall release medical waste only to transporters who are registered
with the executive director to transport untreated medical waste,
as required in §326.53 of this title (relating to Transporters)
and in compliance with 49 Code of Federal Regulations §173.6(a)(4).
(b) Except for medical waste shipped via First Class
or Priority Mail using the United States Postal Service, the generator
shall obtain from the transporter a signed manifest for each shipment
of medical waste.
(c) The generator shall maintain manifests regarding
all shipments of untreated medical waste for a period of three years
following the date of each shipment. This time period may be extended
by the executive director for investigative purposes or in case of
enforcement action.
(d) Generators and transporters shall maintain accurate
and complete electronic or hard copy manifests for shipments of untreated
medical waste and make them available for inspection by the executive
director. Such manifest records shall be legible, complete and accurate
originals or reproduced copies of the same, provided that any copy
is authenticated by authorized personnel. The manifests may be available
in electronic media with the capability for producing legible, accurate,
and complete records for inspections. All documents must be available
for viewing and/or copying at time of an inspection. The generator
and transporter shall maintain adequate safeguards against tampering
with and loss of records.
(e) Treated medical waste shipments including sharps
or residuals of sharps originating from health care-related facilities
shall be accompanied by a written statement to the solid waste landfill
that the shipment has been treated by an approved method in accordance
with 25 TAC §1.136 (relating to Approved Methods of Treatment
and Disposition).
(f) Shipments of untreated medical waste shall be stored,
processed or deposited only at a facility that has been authorized
by the commission to accept untreated medical waste. Untreated medical
waste that is transported out of the state must be deposited at a
facility that is authorized by the appropriate agency having jurisdiction
over such waste.
(g) Persons that transport untreated medical waste
from Texas to other states or countries or from other states or countries
to Texas, or persons that collect or transport waste in Texas but
have their principal place of business in another state, shall comply
with all applicable requirements of this chapter for such transportation
activities. If such persons engage in any activity of managing medical
waste in Texas by storage, processing, or disposal, they shall follow
the applicable requirements for facility operators of such activities.
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