|(a) The requirements of this section do not apply to
generators who generate hazardous waste or Class 1 waste in quantities
less than 100 kilograms in a calendar month, or acute hazardous waste
in quantities specified in §335.78 of this title (relating to
Special Requirements for Hazardous Waste Generated by Conditionally
Exempt Small Quantity Generators).
(b) Unregistered generators who ship hazardous waste
or Class 1 waste shall prepare a complete and correct Waste Shipment
Summary from the manifests.
(c) The Waste Shipment Summary shall be prepared in
a form provided or approved by the executive director and submitted
to the executive director on or before the 25th of each month for
shipments originating during the previous month. The unregistered
generator must keep a copy of each summary for a period of at least
three years from the due date of the summary. These generators are
required to prepare and submit a Waste Shipment Summary only for those
months in which shipments are actually made.
(d) A registered generator is defined as an in-state
generator who has complied with §335.6 of this title (relating
to Notification Requirements), and is assigned a solid waste registration
(e) An unregistered generator is defined as an in-state
generator who is not a conditionally exempt small quantity generator,
as defined in §335.78 of this title, that ships hazardous waste
and/or Class 1 waste using a temporary solid waste registration number
and a temporary Texas waste code number assigned by the executive
(f) The registered/unregistered generator shall retain
a copy of each manifest required by §335.10 of this title (relating
to Shipping and Reporting Procedures Applicable to Generators of Hazardous
Waste or Class 1 Waste) for at least three years from the date of
shipment by the registered/unregistered generator.
(g) A registered/unregistered generator who does not
receive a copy of the manifest with the handwritten signature of the
owner or operator of the designated facility within 35 days of the
date the waste was accepted by the initial transporter must contact
the transporter and/or the owner or operator of the designated facility
to determine the status of the hazardous waste or Class 1 waste.
(h) A registered/unregistered generator must submit
an exception report to the executive director if he has not received
a copy of the manifest with the handwritten signatures of the owner
or operator of the designated facility within 45 days of the date
that the waste was accepted by the initial transporter. The exception
report must be retained by the registered/unregistered generator for
at least three years from the date the waste was accepted by the initial
transporter and must include:
(1) a legible copy of the manifest for which the generator
does not have confirmation of delivery; and
(2) a copy of a letter signed by the generator or his
authorized representative explaining the efforts taken to locate the
hazardous waste or Class 1 waste and the results of those efforts.
(i) The periods of record retention required by this
section are automatically extended during the course of any unresolved
enforcement action regarding the regulated activity.
(j) Any person who exports or imports hazardous waste
must comply with 40 CFR §262.12 and 40 CFR Part 262, Subpart
H, as adopted by reference under §335.76(a) of this title (relating
to Additional Requirements Applicable to International Shipments).
|Source Note: The provisions of this §335.13 adopted to be effective May 28, 1986, 11 TexReg 2335; amended to be effective July 14, 1987, 12 TexReg 2106; amended to be effective July 27, 1988, 13 TexReg 3515; amended to be effective November 23, 1993, 18 TexReg 8218; amended to be effective February 4, 1994, 19 TexReg 509; amended to be effective June 4, 1997, 22 TexReg 4585; amended to be effective October 19, 1998, 23 TexReg 10878; amended to be effectiveNovember 15, 2001, 26 TexReg 9135; amended tobe effective February 21, 2013, 38 TexReg 978; amended to be effective June 11, 2020, 45 TexReg 3780