| (a) A generator of hazardous or industrial solid waste
shall comply with the recordkeeping and reporting requirements of
this section. Nonhazardous recyclable materials regulated under §335.24(h)
of this title (relating to Requirements for Recyclable Materials and
Nonhazardous Recyclable Materials), are not subject to the requirements
of this section.
(1) A generator shall make and keep records of all
hazardous and industrial solid waste activities regarding the quantities
generated, received from off-site, stored, processed, and disposed
of on-site or shipped off-site for storage, processing, recycling,
or disposal. These records must, at a minimum, include the information
described in subparagraphs (A) - (G) of this paragraph. These records
must be maintained in a readily retrievable format. The required records
must be sufficiently detailed and complete to support any contentions
or claims made by the generator with respect to:
(A) the description, character, and classification
of each waste, in accordance with Subchapter R of this chapter (relating
to Waste Classification) and any changes and additional information
required under §335.6(c) and (d) of this title (relating to Notification
Requirements);
(B) the quantity generated;
(C) except generators that generate less than 100 kilograms
of non-acute hazardous waste, less than 1 kilogram of acute hazardous
waste, and less than 100 kilograms of industrial Class 1 waste per
calendar month, the quantity held in on-site storage as of December
31 of each calendar year;
(D) the quantity processed or disposed of at each on-site
facility unit during the calendar year;
(E) the method of storage, processing, or disposal
as described by codes listed on the form or instructions;
(F) the quantity shipped off-site for storage, processing,
or disposal each calendar year, including the transporter and the
name, address, and location of each off-site facility receiving shipments;
and
(G) the location of each hazardous waste satellite
accumulation area where hazardous wastes are temporarily accumulated
in accordance with §335.53 of this title (relating to General
Standards Applicable to Generators of Hazardous Waste).
(2) The generator shall submit to the executive director
a complete and correct Annual Waste Summary using the electronic interface,
paper forms, or other method approved by the executive director by
the deadlines provided in, and in accordance with, this paragraph.
(A) Generators submitting their Annual Waste Summary
on paper forms must do so on or before January 25 of the year following
the reporting calendar year unless the executive director has approved
a request for an extension.
(B) Generators submitting their Annual Waste Summary
electronically must do so on or before March 1 of the year following
the reporting calendar year unless the executive director has approved
a request for an extension.
(C) The Annual Waste Summary shall include the information
under paragraph (1) of this subsection and detailed information regarding:
(i) the management of each hazardous and industrial
Class 1 waste generated on-site during the reporting calendar year;
(ii) the management of each hazardous and industrial
Class 1 waste received from off-site during the reporting calendar
year; and
(iii) the management of each hazardous and industrial
Class 1 waste received from off-site or generated in a year prior
to the reporting year and managed on-site during the reporting calendar
year.
(D) A large quantity generator must submit the Annual
Waste Summary using the electronic interface provided by the executive
director unless the executive director has approved an alternative
reporting method.
(3) A generator that certifies on the Annual Waste
Summary that the generator met the conditions in this paragraph during
the reporting calendar year is not required to submit the information
in paragraph (2) of this subsection.
(A) The volume of hazardous waste accumulated on-site
did not exceed the volumes for a very small generator classification
in 40 Code of Federal Regulations (CFR) §262.14(a)(3) and (4)
as adopted under §335.53 of this title.
(B) The generator generated less than:
(i) 1,200 kilograms of non-acute hazardous waste;
(ii) 1,200 kilograms of industrial Class 1 waste; and
(iii) 1 kilogram of acute hazardous waste.
(4) A generator is not required to submit an Annual
Waste Summary if, during the entire calendar year, that generator:.
(A) meets the conditions for exemption for a very small
quantity generator under §335.53 of this title;
(B) generates less than 100 kilograms of industrial
class 1 waste per month; and
(C) meets the requirements of paragraph (3) of this
subsection.
(b) A large quantity generator that ships hazardous
waste off-site, treats, stores, or disposes of hazardous waste onsite,
or receives hazardous waste from very small quantity generators must
submit the biennial report information required by 40 CFR §262.41,
adopted under §335.56 of this title (relating to Recordkeeping
and Reporting Applicable to Small and Large Quantity Generators).
Information submitted in accordance with Subchapter A of this chapter
(relating to Industrial Solid Waste and Municipal Hazardous Waste
in General), Subchapter C of this chapter (relating to Standards Applicable
to Generators of Hazardous Waste), and Subchapter R of this chapter
(relating to Waste Classification) is not required to be resubmitted
in a biennial report required by 40 CFR §262.41.
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| Source Note: The provisions of this §335.9 adopted to be effective July 14, 1987, 12 TexReg 2106; amended to be effective November 27, 1992, 17 TexReg 8010; amended to be effective February 4, 1994, 19 TexReg 509; amended to be effective March 1, 1996, 21 TexReg 1425; amended to be effective November 20, 1996, 21 TexReg 10983; amended to be effective December 15, 1997, 22 TexReg 12060; amended to be effective May 20, 1999, 24 TexReg 3726; amended to be effective November 15, 2001, 26 TexReg 9135; amended to be effective February 3,2022, 47 TexReg 318 |
