| (a) Except with regard to nonhazardous recyclable materials
regulated pursuant to §335.24(h) of this title (relating to Requirements
for Recyclable Materials and Nonhazardous Recyclable Materials), each generator
of hazardous or industrial solid waste shall comply with the following.
(1) The generator shall keep records of all hazardous and industrial
solid waste activities regarding the quantities generated, stored, processed,
and disposed of on-site or shipped off-site for storage, processing, or disposal
and which, at a minimum, includes the information described in subparagraphs
(A) - (G) of this paragraph. These records may be maintained in any format,
provided they are retrievable and easy to copy. 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, 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 for conditionally exempt small quantity generators
regulated under §335.78 of this title (relating to Special Requirements
for Hazardous Waste Generated By Conditionally Exempt Small Quantity Generators),
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 name, address, and location
of each off-site facility and transporter receiving shipments;
(G) the location of all hazardous waste accumulation areas,
situated at or near any point of generation, where hazardous wastes under
the control of the operator of the process generating the wastes are placed
in containers and initially accumulated without a permit or interim status
in accordance with §335.69(d) of this title (relating to Accumulation
Time).
(2) The generator shall submit to the executive director a
complete and correct Annual Waste Summary detailing the management of each
hazardous and Class 1 waste generated on-site during the reporting calendar
year. The Annual Waste Summary shall also include the management of any hazardous
or Class 1 waste generated in a year previous to the reporting year, but managed
in the reporting calendar year. The Annual Waste Summary shall be submitted
using electronic software or paper forms provided or approved by the executive
director. Upon written request by the generator, the executive director may
authorize an extension to the report due date. Any registered generator who
generates 1,000 kilograms or more of hazardous waste in any calendar month,
must submit the Annual Waste Summary using software provided by the executive
director unless the executive director has granted a written request to use
paper forms or an alternative reporting method. Generators shall report as
follows.
(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.
(B) Generators submitting their Annual Waste Summary electronically
must do so on or before March 1 of the year following the reporting calendar
year.
(3) Generators are not required to submit the information required
in paragraph (1) of this subsection if they certify on the annual summary
that all of the following conditions have been met:
(A) during the year, total on-site accumulation of hazardous
waste did not equal or exceed 1,000 kilograms;
(B) no acute hazardous waste was generated or accumulated during
the year exceeding the limits specified in §335.78(e)(1) and (2) of this
title;
(C) a total of less than 1,200 kilograms of hazardous waste,
and a total of less than 1,200 kilograms of Class 1 waste (2,400 kilograms
or less of hazardous waste plus Class 1 waste combined) was generated during
the year.
(4) Generators who are regulated under §335.78 of this
title and also meet the requirements of paragraph (3) of this subsection are
not required to submit an annual summary.
(b) A generator who ships his hazardous waste off-site must
also report the information specified in §335.71 of this title (relating
to Biennial Reporting). Any waste related information that has already been
submitted by generators under the requirements of this section or §335.71
of this title need not be included in the reports from permitted or interim
status facilities under 40 CFR §264.75 or §265.75.
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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 |
