Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 335 - INDUSTRIAL SOLID WASTE AND MUNICIPAL HAZARDOUS WASTE › Subchapter N - HOUSEHOLD HAZARDOUS WASTES › Section 335.405 - Operational Plans

Current through Reg. 49, No. 28; July 12, 2024
(a) A person
				  conducting activities under this subchapter shall develop a complete
				  operational plan prior to the collection of household materials and shall
				  revise the plan as needed for ongoing and future operations. The operational
				  plan must accurately depict the specific plan for how all wastes and materials
				  will be handled during and after collection efforts. The operational plan:
(1) must identify the nature, type, and
				  quantity of household hazardous waste and other materials proposed for
				  collection and reuse, recycling, processing or disposal;
(2) must describe the source(s), amounts and
				  types of wastes that would be accepted at a collection event, permanent
				  collection center, point of generation pick-up service, mobile collection unit,
				  or any combination of these, and if the collectors involved in the programs are
				  not under a single operator, must describe the source(s), amounts, and types of
				  wastes that will be transferred by a point of generation pick-up service or
				  mobile collection unit to a collection event or permanent collection center or
				  that will be transferred to a different permanent collection center for
				  consolidation with other household hazardous waste;
(3) must establish the minimum number of
				  operator staff, contractors, volunteers, and other individuals needed to
				  conduct collection operations at each collection event, permanent collection
				  center, mobile collection unit, and point of generation pick-up service covered
				  by the operational plan; the specific functions of each type of staff; and how
				  the training requirements that apply to their functions have been or will be
				  met;
(4) must describe the planned
				  disposition of all waste collected, including the name and United States
				  Environmental Protection Agency (EPA) identification number of the transporter
				  (or transporters) that will haul the aggregated household hazardous waste, and
				  the name, address, and EPA identification number of the hazardous waste
				  processing, storage, or disposal facility (or facilities) to be used for the
				  processing, storage, disposal, recycling for energy recovery, or recycling of
				  the aggregated household hazardous waste. If materials received in usable
				  condition will be offered to persons for reuse, the operational plan must
				  describe in detail the manner in which this will be done. The operator, in
				  developing the plan for the disposition of waste to be received, shall
				  determine the feasibility of managing collected household hazardous waste in
				  the following order of preference:
(A) reuse
				  for the product's intended purpose;
(B) recycling;
(C) recycling for energy recovery;
(D) treatment to destroy hazardous
				  characteristics;
(E) treatment to
				  reduce hazardous characteristics;
(F) underground injection; and
(G) land disposal;
(5) must include a detailed description of
				  procedures to ensure that hazardous waste or Class 1 wastes, as defined in this
				  chapter, are not accepted as household hazardous waste, including but not
				  limited to screening procedures for persons bringing wastes to collections or
				  participating in point of generation pick-up services, survey questions that
				  will be asked of participants, and the amounts or types of wastes that will
				  require further explanation from generators prior to acceptance;
(6) must include methods used to classify and
				  control wastes received, including but not limited to the following:
(A) the waste streams that will be accepted
				  and the types that will be rejected;
(B) the types of shipping containers and the
				  storage areas to be used for each waste stream that will be accepted;
(C) the methods used to categorize wastes
				  prior to packaging for shipment and processing or disposal;
(D) the methods used to handle and identify
				  unknown wastes;
(E) bulking
				  procedures if used;
(F) procedures
				  for handling containers that are unsealed, leaking, or contaminated on their
				  external surface when received; and
(G) procedures for any other wastes with
				  special handling and processing or disposal needs, if any would be accepted,
				  including but not limited to the following:
(i) radioactive materials;
(ii) medical wastes (such as used
				  syringes);
(iii)
				  asbestos;
(iv) polychlorinated
				  biphenyls (PCBs);
(v)
				  explosives;
(vi) compressed gas
				  cylinders; and
(vii) tanks for
				  compressed fuels;
(7) must include a detailed discussion of
				  provisions for inclement weather, including severe weather, rain, wind, and
				  extreme temperatures;
(8) must
				  include a detailed discussion of recordkeeping for the wastes received and
				  shipped for processing or disposal; and
(9) must include the following attachments:
(A) Attachment 1 is a site map constructed to
				  show the features of the collection event site, the permanent collection
				  center, or the site used with a mobile collection unit. The map need not be
				  drawn to scale but must fairly represent the improvements and boundaries of the
				  collection area. The map must be annotated to show flow of traffic, unloading
				  points, location of emergency equipment and vehicles, and waste handling and
				  storage areas.
(B) Attachment 2 is
				  evidence of competency to operate, including experience and qualifications of
				  key personnel and copies of records for all required training in this
				  subchapter for all operator, contractor, or other staff or individuals who will
				  work at any collection event, at any permanent collection center, on any mobile
				  collection unit, in the point of generation pick-up service, or any combination
				  of these covered by the plan.
(C)
				  Attachment 3 is a Health and Safety Plan, including but not limited to the
				  following information:
(i) the location and
				  contents of the first aid kits available on site, in each mobile collection
				  unit, and on each point of generation pick-up service vehicle;
(ii) the location and type of telephones or
				  radios available at the site, on each mobile collection unit, and on each point
				  of generation pick-up service vehicle for summoning emergency assistance and
				  any specific instructions related to usage of this equipment;
(iii) detailed procedures for avoiding and
				  responding to spills of liquid materials and solid materials, including at
				  least the following:
(I) identifying who will
				  respond to different sizes and types of spills (including on-site staff,
				  emergency responders, contractors, etc.);
(II) detailed methods to be used for spill
				  avoidance, control, and cleanup;
(III) decontamination procedures for people
				  and equipment;
(IV) processing or
				  disposal of contaminated materials and other wastes;
(V) types of engineering controls and
				  personal protective equipment available on site and procedures for proper
				  selection and use during spill responses;
(VI) the types and locations of equipment and
				  materials available on site;
(VII)
				  the duties of specific personnel or job functions;
(VIII) evacuation procedures (including at
				  least the collection site and if appropriate the surrounding area);
				  and
(IX) procedures for reporting
				  of spills to local, state, and federal authorities;
(iv) preparation and response procedures for
				  fires, including at least the following:
(I)
				  the location and types of fire extinguishers and other types of fire
				  suppression and prevention equipment available at the site, on each mobile
				  collection unit, and on each point of generation pick-up collection
				  vehicle;
(II) when on-site fire
				  extinguishers and equipment would be used and when the fire department would be
				  summoned;
(III) evacuation
				  procedures (including the site at least and the surrounding areas if
				  appropriate);
(IV) the identity and
				  storage location of any materials to be collected that may require special
				  methods for fire fighting (such as flammable liquids, flammable metals,
				  explosives, compressed gases, aerosol cans, water reactive materials, etc.);
				  and
(V) the availability of a local
				  fire department and whether they can handle the largest fire possible from the
				  planned collection either with available resources or through mutual aid
				  arrangements;
(v) the
				  timing and content of training or briefings on safety to be provided to staff
				  and volunteers prior to their involvement in the waste collection.