Texas Register, Volume 9, Number 66, Pages 4703-4756, September 4, 1984 Page: 4,711
4703-4756 p. ; 28 cm.View a full description of this periodical.
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The EPA's adoption of a uniform manifest form re-
quired for all regulated shipments of hazardous waste
should alleviate the confusion and compliance difficul-
ties that previously existed when each state had its
own Individual manifest system In Texas, the ter h
"shipping ticket" has been used in the regulations ap-
plicable to waste shipments. These rules substitute
the term "manifest" for the term "shipping ticket"
to establish consistency with the terminology applied
on a nationwide basis There is no anticipated eco-
nomic cost to individuals who are required to comply
with the rules as proposed
Comments on the proposal may be submitted to Cyn-
thia C Smiley, Staff Attorney, Texas Department of
Water Resources, P.O. Box 13087, Austin, Texas
78711
The amendments and new section are proposed under
the Texas Water Code, 5.131 and 5.132, which
provides the Texas Water Development Board with the
authority to make any rules necessary to carry out the
powers and duties under the provisions of the Code
and other laws of the state and to establish and ap-
prove all general policy of the TDWR. These amend-
ments are proposed under the Solid Waste Disposal
Act, Texas Civil Statutes, Article 4477-7, 4(c),
which authorizes the department to adopt and promul-
gate rules consistent with the general intent and pur-
poses of the Act and establish minimum standards of
operation for all aspects of the management and con-
trol of industrial solid waste, and further directs the
department to promulgate rules requiring persons who
generate, transport, process, store, or dispose of Class
I Industrial solid waste or hazardous waste to provide
record keeping and use a manifest or other appropriate
system to assure that such wastes are transported to
a storage, processing, or disposal facility permitted
or otherwise authorized for that purpose. Under the
Solid Waste Disposal Act, 3(b), the TDWR is desig-
nated as the state solid waste agency with respect
to the management of industrial solid waste and is re-
quired to seek the accomplishment of the purposes
of the Act through the control of all aspects of indus-
trial solid waste management by all practical and eco-
nomically feasible methods consistent with the
powers and duties given it under the Act and other
existing legislation Section 3(b) grants to the depart-
ment the powers and duties specifically prescribed in
the Act and all other powers necessary or convenient
to carry out is responsibilities.
335.1. Definitions. The following words and terms,
when used in this subchapter, shall have the following
meanings, unless the context clearly indicates otherwise:
Manifest-The uniform hazardous waste manifest
form furnished by the executive director to accompany
shipments of Class I industrial solid waste.
Manifest document number-A number assigned
to the manifest by the department for reporting and rec-
ord-keeping purposes.
[Shipping control ticket (shipping ticket)-A form
furnished by the executive director to accompany ship-
ments of Class I industrial solid waste.[Shipping ticket document number--A number as-
signed to the shipping ticket by the department for report-
ing and record-keeping purposes i
335.6. Notification Requirements.
(a) A person who intends to conduct the on-site
storage, processing, or disposal of industrial solid waste,
other than hazardous waste as defined in these rules, un-
less such hazardous waste activity is exempt from the re-
quirement of a permit pursuant to 335.2(e) or (f) of this
title (relating to Permit Required), shall notify the execu-
tive director in writing that storage, processing, or dis-
posal activities are planned, at least 90 days prior to en-
gaging in such activities. Such person shall submit to the
executive director upon request such information as may
reasonably be required to enable the executive director
to determine whether such storage, processing, or disposal
is compliant with the terms of these rules. Such informa-
tion may include, but is not limited to, information con-
cerning waste composition, waste management methods,
facility engineering plans and specifications, or the geology
where the facility is located. Any information provided
under this subsection shall be submitted to the executive
director in duplicate form.
(b)-(d) (No change.)
(e) Upon written request of the executive director,
any person who ships, stores, processes, or disposes of
industrial solid waste, [other than hazardous waste,] as
defined in this subchapter, shall perform a chemical anal-
ysis of the industrial solid waste, provide results of the
analysis to the executive director, or furnish samples of
the waste for analysis in order to assign a waste classifica-
tion.
(f) (No change.)
335.9. Shipping and Reportmg Procedures Applicable
to Generators. Except with regard to the shipments of
Class I industrial solid waste to which 335 10 of this title
(relating to Shipping and Reporting Procedures Applica-
ble to Generators of Class I Industrial Solid Waste) ap-
plies, and except with regard to generators of Class II
industrial solid waste with less than 100 employees, each
generator shall'
(I) keep records of all industrial solid waste stor-
age, processing, and disposal activities Records pertain-
ing to on-site activities shall include, at a minimum, in-
formation regarding the waste character, classification
and quantity, and the method (as described by codes in
Subchapter B, Appendix I, Table 2, "Handling Codes
for Storage, Processing, and Disposal Methods") and lo-
cation of storage, processing, and disposal. Records re-
garding off-site activities shall include, at a minimum,
the transporter identity, date of shipment and waste char-
acter, and classification and quantity,
(2)-(4) (No change )
335 10 Shipping and Reportmg Procedures Applicable
to Generators of Class I Industrial Solid Waste.
(a) No generator of Class I industrial solid waste
shall cause, suffer, allow, or permit the shipment of Class
I waste to any off-site solid waste, storage, processing,
or disposal facility without preparing a Texas Department
of Water Resources manifest [shipping ticket]. A genera-
tor shall designate on the manifest [shipping ticket] one
facility which is authorized to receive the waste described
on the manifest [shipping ticket] A generator may alsoSeptember 4, 1984
Proposed
RulesI L -) I --
9 TexReg 4711
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Texas. Secretary of State. Texas Register, Volume 9, Number 66, Pages 4703-4756, September 4, 1984, periodical, September 4, 1984; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth243620/m1/9/: accessed July 17, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu.; crediting UNT Libraries Government Documents Department.