|(a) All industrial solid and municipal hazardous waste
generated, stored, processed, transported, or disposed of in the state
shall be classified according to the provisions of this subchapter.
(1) All solid waste shall be classified at the point
of generation of the waste. A generator may not dilute a waste to
avoid a Class 1 classification; however, combining waste streams for
subsequent legitimate processing, storage, or disposal does not constitute
dilution and is acceptable. Wastes shall be classified prior to, and
following any type of processing or mixing of the waste.
(2) All industrial solid and municipal hazardous waste
shall be classified as either:
(B) Class 1;
(C) Class 2; or
(D) Class 3.
(3) A person who generates a solid waste shall first
determine if that waste is hazardous pursuant to §335.504 of
this title (relating to Hazardous Waste Determination).
(4) After making the hazardous waste determination
as required in paragraph (3) of this subsection, if the waste is determined
to be nonhazardous, the generator shall then classify the waste as
Class 1, Class 2, or Class 3, pursuant to §§335.505 - 335.507
of this title (relating to Class 1 Waste Determination, Class 2 Waste
Determination, and Class 3 Waste Determination) using one or more
of the following methods:
(A) use the criteria for waste classification as provided
in §§335.505 - 335.507 of this title;
(B) use process knowledge as provided in §335.511
of this title (relating to Use of Process Knowledge);
(C) classify the waste as directed under §335.508
of this title (relating to Classification of Specific Industrial Wastes);
(D) choose to classify a nonhazardous waste as Class
1 without any analysis to support that classification. However, documentation
(analytical data and/or process knowledge) is necessary to classify
a waste as Class 2 or Class 3, pursuant to §335.513 of this title
(relating to Documentation Required).
(b) All industrial solid waste and municipal hazardous
waste generated, stored, processed, transported or disposed of in
the state shall be coded with an eight-digit waste code number which
shall include a four-digit waste sequence number, a three-digit form
code, and a one-character classification (either H, 1, 2, or 3). Form
codes are provided in §335.521(c) of this title (relating to
Appendix 3). Procedures for assigning waste code numbers and sequence
numbers are outlined as follows and available from the agency at the
address listed in §335.521(b) of this title (relating to Appendix
(1) A waste code is represented by the following 8-digit
character string: sequence number + form code + classification code
(H, 1, 2, or 3).
(2) In-state generators will assign a unique four-digit
sequence number to each individual waste. These sequence numbers will
range from 0001 to 9999. They need not be assigned in sequential order.
An in-state registered generator may choose to request the executive
director assign a sequence number to a specific waste which is not
regularly generated by a facility and is being shipped as a one-time
shipment or choose to add that waste to the regular sequence numbers
on a notice of registration. Sequence numbers provided by the executive
director may be a combination of alpha and numeric characters.
(3) The executive director will provide in-state unregistered
generators a four-digit sequence number for each regulated waste it
generates, which may be a combination of alpha and numeric characters.
(4) Generators of wastes resulting from a spill may
obtain a sequence number for the spill related wastes from the agency's
Emergency Response Section.
(5) Out-of-state generators will use the sequence code
"OUTS" in the first four digits of the waste code.
(6) CESQGs or industrial Class 1 non-hazardous waste
generators that are exempt from manifesting as specified in §335.10
of this title (relating to Shipping and Reporting Procedures Applicable
to Generators of Hazardous Waste or Class 1 Waste and Primary Exporters
of Hazardous Waste) who voluntarily manifest their hazardous and or
Class 1 nonhazardous waste may use "CESQ" as the first four digits
of the waste code.
(7) A facility which receives and consolidates like
waste from Municipal Conditionally Exempt Small Quantity Generators
should use "CESQ" in the first four positions of the waste code for
any manifesting and/or reporting associated with that waste.
(8) A facility which receives a waste and consolidates
that waste with other like waste, other than its own, (thus not changing
the form code of the waste stream or its composition, hazardous, or
Texas waste class), or stores a waste without treating, processing
(as defined in §335.1 of this title (relating to Definitions)),
or changing the form or composition of that waste may ship that waste
to a storage, treatment, or disposal facility using the sequence code
"TSDF" in the first four positions of the waste code. This does not
pertain to wastes which are treated or altered or combined with unlike
wastes. This "TSDF" designation is only to be used by facilities that
store and/or accumulate a quantity of wastes from more than one site
for subsequent shipment to a treatment or disposal facility. Manifest
documents must note a final destination designated to receive a consolidated
waste. The designated "final destination" receiving facility noted
on the manifest must be a permitted facility in order to terminate
the manifest, unless the waste is nonhazardous and does not require
manifesting in accordance with §335.10(e) of this title and is
going to a facility described in §335.10(e) of this title. A
consolidated waste shipped to a non-permitted facility prior to being
shipped to the final destination must proceed with the original manifests
(noted with any appropriate changes) to the facility designated on
the manifest for final handling.
|Source Note: The provisions of this §335.503 adopted to be effective November 27, 1992, 17 TexReg 8010; amended to be effective February 24, 1994, 19 TexReg 1042; amended to be effective April 24, 1995, 20 TexReg 2709; amended to be effective May 30, 1995, 20 TexReg 3722; amended to be effective March 1, 1996, 21 TexReg 1425; amended to be effective November 15, 2001, 26 TexReg 9135; amended to be effective January 8, 2015, 40 TexReg 77