| (a) Except as provided in paragraph (2) of this subsection,
no person who generates, transports, processes, stores, or disposes
of hazardous waste shall cause, suffer, allow, or permit the shipment
of hazardous waste unless he complies with the requirements of paragraph
(1) of this subsection, and the manifest requirements in 40 Code of
Federal Regulations (CFR) §§262.20 - 262.23, 262.27, 262.42,
262.54, 262.55, and 262.60 and the Appendix to 40 CFR Part 262, as
these sections are amended through March 18, 2010 (75 FR 12989).
(1) In addition, generators, owners or operators of
treatment, storage, or disposal facilities, and primary exporters
shall include a Texas waste code for each hazardous waste itemized
on the manifest.
(2) No manifest is required for a hazardous waste generated
by a generator that generates less than the quantity limits of hazardous
waste specified in §335.78 of this title or a municipal generator
that generates less than the quantity limit of hazardous waste specified
in §335.78 of this title (relating to Special Requirements for
Hazardous Waste Generated by Conditionally Exempt Small Quantity Generators).
(3) For the purposes of the federal hazardous waste
manifest requirements incorporated by reference the term, "regional
administrator" is changed to the "executive director" of the Texas
Commission on Environmental Quality or to the commission, consistent
with the organization of the commission as set out in Texas Water
Code, Chapter 5, Subchapter B.
(4) For the purposes of the federal hazardous waste
manifest requirements incorporated by reference, reference to the
United States Environmental Protection Agency (EPA) is changed to
the Texas Commission on Environmental Quality.
(b) No manifest and no marking in accordance with §335.67(b)
of this title (relating to Marking) is required for hazardous waste
transported on a public or private right-of-way within or along the
border of contiguous property under the control of the same person,
even if such contiguous property is divided by a public or private
right-of-way. However, in the event of a hazardous waste discharge
on a public or private right-of-way, the generator or transporter
must comply with the requirements of §335.93 of this title (relating
to Hazardous Waste Discharges).
(c) Except as provided in subsections (d) and (e) of
this section, persons who generate, transport, process, store, or
dispose of Class 1 waste shall not cause, suffer, allow, or permit
the shipment of Class 1 waste unless the person complies with the
manifest requirements listed in subsection (a) of this section except
for 40 CFR §262.54 and §262.55 with the following changes:
(1) When Class 1 waste is itemized on the manifest,
use the Texas Commission on Environmental Quality solid waste registration
(SWR) number in place of the EPA identification number and the Texas
waste code in place of the EPA waste code;
(2) When both hazardous and Class 1 waste are itemized
on the same manifest, use EPA identification numbers to identify the
generator, transporter, and receiver;
(3) Use Texas waste codes for each waste itemized on
the manifest;
(4) The term, "regional administrator" is changed to
the "executive director" of the Texas Commission on Environmental
Quality or to the commission, consistent with the organization of
the commission as set out in Texas Water Code, Chapter 5, Subchapter
B; and
(5) Reference to the EPA is changed to the Texas Commission
on Environmental Quality.
(d) No manifest is required for the shipment of Class
1 waste where the generator is an industrial generator that generates
less than the quantity limits of Class 1 waste specified in §335.78
of this title or is a municipal generator that generates less than
the quantity limit of Class 1 waste specified in §335.78 of this
title.
(e) No manifest is required for the shipment of Class
1 waste to property owned or otherwise effectively controlled by the
owner or operator of an industrial plant, manufacturing plant, mining
operation, or agricultural operation from which the waste results
or is produced, provided that the property is within 50 miles of the
plant or operation and the waste is not commingled with waste from
any other source or sources. An industrial plant, manufacturing plant,
mining operation, or agricultural operation owned by one person shall
not be considered another source with respect to other plants or operations
owned by the same person.
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| Source Note: The provisions of this §335.10 adopted to be effective July 14, 1987, 12 TexReg 2106; amended to be effective July 27, 1988, 13 TexReg 3515; amended to be effective November 27, 1992, 17 TexReg 8010; amended to be effective November 23, 1993, 18 TexReg 8218; amended to be effective April 24, 1995, 20 TexReg 2709; amended to be effective March 1, 1996, 21 TexReg 1425; amended to be effective May 20, 1999, 24 TexReg 3726; amended to be effective November 15,2001, 26 TexReg 9135; amended to be effective August 31, 2006, 31 TexReg 6755; amended to be effective February 21, 2013, 38 TexReg 978 |
