| (a) A registration by rule is granted for an owner
or operator of mobile treatment units conducting on-site treatment
of medical waste but is not the generator of the waste. The mobile
on-site treatment unit owner or operator completes registration by
rule forms provided by the commission and submits the following information
at least 60 days prior to commencing operations:
(1) Applicant information. Name, address, and telephone
number of registrant.
(2) Partner, corporate officer and director information.
Name, address, and telephone number of partners, corporate officers,
and directors, if applicable.
(3) Fee information. The owner or operator of a mobile
treatment unit shall pay an annual registration fee to the commission
based upon the total weight of medical waste treated on-site under
each registration by rule. Fees to be assessed of owners or operators
of an on-site treatment unit are located in Subchapter G of this chapter
(relating to Fees and Reporting).
(4) Approved treatment method. Description of approved
treatment method to be employed and chemical preparations, as well
as the procedure to be utilized for routine performance testing/parameter
monitoring.
(5) Performance testing. A written procedure for the
operation and testing of any equipment used and a written procedure
for the preparation of any chemicals used in treatment. Routine performance
testing using biological indicators and/or monitoring of parametric
controls shall be conducted in accordance with §326.41(b)(4)
of this title (relating to On-Site Treatment by Large Quantity Generators);
and identification of performance test failures including date of
occurrence, corrective action procedures, and retest dates.
(6) Evidence of competency. Documentation in the form
of a relevant training certificate and/or description of work experience.
(7) Wastewater disposal. A description of the management
and disposal of process waters generated during treatment events.
(8) Contingency plan. A written contingency plan that
describes the handling and disposal of waste in the event of treatment
failure or equipment breakdown. If there is any question as to the
adequacy of treatment of any load, that load shall be run again utilizing
biological indicators to test for microbial reduction before the material
is released for landfill disposal. If the waste must be removed from
the facility before treatment is accomplished, a registered transporter
shall remove the waste and all other applicable sections of this chapter
shall be in effect.
(9) Cost estimate and financial assurance. An estimate
of the cost to remove and dispose of waste and disinfect the waste
treatment equipment and evidence of financial assurance using procedures
specified in §326.71(k) - (n) of this title (relating to Registration
Application Contents) and Chapter 37, Subchapter R of this title (relating
to Financial Assurance for Municipal Solid Waste Facilities).
(10) Mobile on-site treatment unit information. Description
of each mobile treatment unit, including:
(A) make, model, and year;
(B) motor vehicle identification number, if applicable;
(C) license plate (tag) number, including state and
year; and
(D) name of mobile treatment unit owner or operator.
(11) Instructions for mailing fees. Fees assessed in §326.87(b)
of this title (relating to Fees) by the executive director shall be
paid by the registrant within 30 days of the date of the invoice and
shall be submitted in the form of a check or money order or copy of
the confirmation of an electronic payment made payable to the agency
cashier.
(b) Other requirements.
(1) Registrations by rule expire annually on September
30th of each year. Registrations by rule shall not be renewed unless
the owner or operator has submitted to the executive director:
(A) an annual report in accordance with §326.89(d)
of this title (relating to Reports);
(B) an annual fee in accordance with §326.87(b)
of this title;
(C) evidence of financial assurance as of September
30th of the current year; and
(D) a registration by rule renewal form to the executive
director by August 1st.
(2) When an owner or operator has made timely application
for the renewal of a registration by rule, the existing registration
by rule will not be renewed until the application has been determined
administratively complete by the executive director.
(3) The executive director shall, after review of any
application for registration by rule, approve or deny the application.
This action shall be based on whether the application meets the requirements
of this chapter.
(4) Failure to timely pay the annual fee eliminates
the option to manage wastes.
(5) The executive director will send a copy of the
registration by rule issued with an assigned registration number,
to the owner or operator.
(6) Requirements for mobile treatment unit and associated
cargo compartment used in the treatment of medical waste are as follows.
(A) The mobile treatment unit used to treat medical
waste shall:
(i) have a fully enclosed, leak-proof, cargo-carrying
body, such as a cargo compartment, box trailer, or roll-off box; and
(ii) carry spill cleanup equipment including, but not
limited to, disinfectants, absorbent materials, personal protective
equipment, such as gloves, coveralls, and eye protection, and leak-proof
containers or packaging materials.
(B) The cargo compartment of the vehicle and any self-contained
treatment unit(s) shall:
(i) be maintained in a sanitary condition;
(ii) be secured when the vehicle is in motion;
(iii) be made of such impervious, non-porous materials
as to allow adequate disinfection/cleaning of the compartment or unit(s);
and
(iv) have all discharge openings securely closed during
operation of the vehicle.
(7) Mobile treatment units used in the treatment of
medical waste shall not be used to transport any other material until
the unit has been cleaned and disinfected. A written record of the
date and the process used to clean and disinfect the unit shall be
maintained for three years unless the executive director requires
a longer holding period. The record must identify the unit by motor
vehicle identification number or license tag number. The owner of
the unit, if not the operator, shall be notified in writing that the
unit has been used in the treatment of medical waste and when and
how the unit was disinfected.
(8) Owners or operators of mobile on-site treatment
units shall maintain records of all waste treatment, which includes
the following information:
(A) the name, address, and phone number of each generator;
(B) the date of treatment;
(C) the amount of waste treated;
(D) the method/conditions of treatment; and
(E) the name (printed) and initials of the person(s)
performing the treatment.
(9) Persons receiving a registration by rule shall
maintain a copy of the registration by rule issued by the executive
director with an assigned registration by rule number, at their designated
place of business and in each mobile treatment unit used in treating
medical waste.
(10) Owners or operators of mobile on-site treatment
unit shall furnish the generator the documentation required in paragraph
(6)(A) and (B) of this subsection and a statement that the medical
waste was treated in accordance with 25 TAC §1.136 (relating
to Approved Methods of Treatment and Disposition) for the generator's
records.
(11) Untreated medical waste shall not be commingled
or mixed with hazardous waste, asbestos, or radioactive waste regulated
under 25 TAC Chapter 289 (relating to Radiation Control) either before
or after treatment.
(12) Owners or operators of mobile on-site treatment
unit shall not transport untreated waste unless they are registered
as a transporter of medical waste.
(13) Owners or operators of mobile on-site treatment
unit shall ensure adequate training of all operators in the use of
any equipment used in treatment.
(14) Owners or operators shall maintain the treatment
equipment so as to not result in the creation of nuisance conditions.
(c) Changes to the Registration by Rule. Owners or
operators of mobile on-site treatment unit shall notify the executive
director, by letter, within 30 days of any changes to their registration
if:
(1) the method employed to treat medical waste changes;
(2) the office or place of business is moved;
(3) the name of owner or operator of the operation
is changed;
(4) the name of the partners, corporate directors,
or corporate officers change; or
(5) the unit information changes.
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