reglab/statecodes huggingface dataset:
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 326 - MEDICAL WASTE MANAGEMENT › Subchapter F - OPERATIONS REQUIRING A REGISTRATION › Section 326.65 - Relationships with Other Governmental Entities

Current through Reg. 49, No. 28; July 12, 2024
(a) Special districts. The Texas Health and
				  Safety Code (THSC) applies to political subdivisions of the state to which the
				  legislature has given waste handling authority for two or more counties. The
				  relationship between the agency and any such waste handling authority will be
				  similar to that between the agency and a county.
(b) Municipal governments. Municipalities may
				  enforce the provisions of this chapter as provided for in the THSC and the
				  Texas Water Code (TWC). The commission is committed to assisting municipal
				  governments in an educational and advisory capacity. The commission is a
				  necessary and indispensable party to any suit filed by a local government under
				  the THSC and the TWC.
(c) County
				  governments. County governments may exercise the authority provided in THSC,
				  Chapters 361, 363, and 364, regarding the management of solid waste including
				  the enforcement of the requirements of the THSC and of this chapter. The
				  provisions of THSC, Chapters 361, 363, and 364, allow county governments to
				  require and issue licenses authorizing and governing the operation and
				  maintenance of facilities used for the storage, processing, or disposal of
				  solid waste not in the territorial or extraterritorial jurisdiction of a
				  municipality. THSC, Chapters 361, 363, and 364, provide that no license for
				  disposal of solid waste may be issued, renewed, or extended without the prior
				  approval of the commission. Under TWC, Chapter 7, the commission is a necessary
				  and indispensable party to any suit filed by a local government for the
				  violation of any provision of the Solid Waste Disposal Act. If an authorization
				  is issued, renewed, or extended by the commission, the owner or operator of the
				  facility does not need to obtain a separate license for the same facility from
				  a county or from a political subdivision as defined in THSC, Chapters 361, 363,
				  and 364.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 326 - MEDICAL WASTE MANAGEMENT › Subchapter F - OPERATIONS REQUIRING A REGISTRATION › Section 326.67 - Relationship with County Licensing System

Current through Reg. 49, No. 28; July 12, 2024
(a) General procedures. Under Texas Health
				  and Safety Code, Chapters 361, 363, and 364, counties are empowered to require
				  and issue licenses authorizing and governing the operation and maintenance of
				  medical waste storage, processing, or disposal facilities not within the
				  territorial limits or extraterritorial jurisdiction of incorporated cities and
				  towns. The county shall mail a copy of the approved license to the appropriate
				  agency regional office. The territorial limits and the extraterritorial
				  jurisdiction of incorporated cities and towns are excluded from county
				  authority to make regulations for the governing and controlling of medical
				  waste collection, processing, and storage.
(b) Licensing procedures. The following
				  pertain only to those counties that may choose to exercise licensing authority
				  in accordance with this section.
(1) Licensing
				  authority.
(A) Before exercising licensing
				  authority for a medical waste facility required to obtain a registration, a
				  county government shall promulgate regulations that are consistent with those
				  established by the commission and that have been approved by the
				  commission.
(B) Before exercising
				  licensing authority for a medical waste facility that is not required to obtain
				  a registration, a county government shall promulgate regulations that are
				  compatible with those established by the commission. County regulations must be
				  submitted to the commission for approval. At a minimum, county regulations
				  shall be protective of human health and the environment.
(C) A county may not make regulations for
				  medical waste management within the extraterritorial or territorial
				  jurisdiction of incorporated cities or towns.
(D) Only the commission may issue
				  registrations for medical waste facilities located within the extraterritorial
				  or territorial jurisdiction of incorporated cities or towns within the
				  county.
(E) A county license for a
				  medical waste facility may not be issued, extended, or renewed without prior
				  approval of the commission.
(F)
				  Once a license is issued by a county and remains valid, a registration from the
				  commission is not required.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 326 - MEDICAL WASTE MANAGEMENT › Subchapter F - OPERATIONS REQUIRING A REGISTRATION › Section 326.69 - Registration Application Formatting, Posting, Appointment and Fees

Current through Reg. 49, No. 28; July 12, 2024
(a) Registration
				  applications for medical waste must be initially submitted in three copies. The
				  owner or operator shall furnish additional copies of the application for use by
				  required reviewing agencies, upon request of the executive director. The
				  executive director is authorized to approve requests to submit this information
				  electronically if the commission develops electronic systems to manage the
				  data.
(b) Preparation. Preparation
				  of the application must conform with the Texas Occupations Code, Chapter 1001,
				  Texas Engineering Practice Act.
(1) The
				  responsible engineer shall provide the firm number and seal, sign, and date the
				  title page of each bound engineering report or individual engineering plan,
				  table of contents and each engineering drawing in the application as required
				  by Texas Engineering Practice Act, §1001.401, and in accordance with 22
				  TAC §
											137.33(relating
				  to Sealing Procedures).
(2)
				  Applications that have not been sealed shall be considered incomplete for the
				  intended purpose and shall be returned to the owner or operator.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 326 - MEDICAL WASTE MANAGEMENT › Subchapter F - OPERATIONS REQUIRING A REGISTRATION › Section 326.75 - Site Operating Plan

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Personnel functions.
(1) A description of
				  functions and minimum qualifications for each category of key personnel to be
				  employed at the facility and for the supervisory personnel in the chain of
				  command;
(2) A description of the
				  general instructions that the operating personnel shall follow concerning the
				  operational requirements of this subchapter; and
(3) Procedures for the detection and
				  prevention of the receipt of prohibited wastes; which must include:
(A) random inspections of packaging for
				  incoming loads;
(B) records of all
				  inspections; and
(C) training for
				  appropriate facility personnel responsible for inspecting or observing loads to
				  recognize prohibited waste.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 326 - MEDICAL WASTE MANAGEMENT › Subchapter G - FEES AND REPORTING › Section 326.85 - Purpose and Applicability

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Purpose.
(1) Fees. The commission is mandated
				  by Texas Health and Safety Code, §
											361.013,
				  to collect a fee for solid waste disposed of within the state, and from
				  transporters of solid waste who are required to register with the state. The
				  fee amount may be raised or lowered in accordance with spending levels
				  authorized by the legislature.
(2)
				  Reports. The commission requires reports to track the amount of waste being
				  stored and processed to track the amount of processing capacity and reserve
				  (future) disposal capacity in Texas, and to enable equitable assessment and
				  collection of fees.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 326 - MEDICAL WASTE MANAGEMENT › Subchapter G - FEES AND REPORTING › Section 326.87 - Fees

Current through Reg. 49, No. 28; July 12, 2024
(a) Each owner or
				  operator of a medical waste processing facility, with the exception of a
				  facility authorized as a transfer station only is required to comply with the
				  following:
(1) Fee rates and measurement
				  options. For purposes of this subsection, uncompacted waste means any waste
				  that is not a liquid or a sludge, has not been mechanically compacted by a
				  collection vehicle, has not been driven over by heavy equipment prior to
				  collection, or has not been compacted subsequent or prior to collection by any
				  type of mechanical device other than small, in-house, compactor devices owned
				  and/or operated by the generator of the waste. Compacted waste is a liquid,
				  sludge, or similar waste or any waste that has been reduced in volume by a
				  collection vehicle or by any other means including, but not limited to,
				  dewatering, composting, incineration, and similar processes. The volume or
				  weight reported on the quarterly solid waste summary report must be consistent
				  with the volume or weight of the waste received, as defined in §
				  326.85(b)(1) of this title (relating to Purpose and Applicability). The volume
				  or weight of the waste received shall be determined prior to processing of the
				  waste.
(A) Tons. The recommended method for
				  measuring and reporting waste received at the gate is in tons. The operator
				  must accurately measure and report the number of cubic yards or tons of waste
				  received. For waste reported in tons, the fee rate is $0.47 per ton received
				  and will be calculated by the executive director by using this rate.
(B) Cubic yards (compacted). For waste
				  reported in compacted cubic yards, the fee rate is $0.15 per cubic yard
				  received and will be calculated by the executive director using this
				  rate.
(C) Cubic yards
				  (uncompacted). For waste reported in uncompacted cubic yards, the fee rate is
				  $0.095 per cubic yard received and will be calculated by the executive director
				  using this rate.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 327 - SPILL PREVENTION AND CONTROL › Section 327.1 - Applicability

Current through Reg. 49, No. 28; July 12, 2024
(a) This chapter
				applies to discharges or spills that result in a release to the environment
				within the territorial limits of the State of Texas, including the coastal
				waters of this state.
(b) This
				chapter does not apply to:
(1) discharges or
				spills of oil that enter or threaten to enter coastal waters of the State.
				Except for spills of oil of 240 barrels or less for which the Railroad
				Commission of Texas is the on-scene coordinator, such discharges or spills are
				regulated by the Texas General Land Office under the Oil Spill Prevention and
				Response Act of 1991, the Texas Natural Resources Code, Chapter 40, Subchapters
				C, D, E, F, and G;
(2) spills or
				discharges from activities subject to the jurisdiction of the Railroad
				Commission of Texas under the Texas Water Code, §
										26.131;
(3) releases only to air;
(4) the lawful placement of waste or
				accidental discharge of material into a solid waste management unit registered
				or permitted under Chapter 335, Subchapter A of this title (relating to
				Industrial Solid Waste and Municipal Hazardous Waste in General);
(5) units and activities regulated under the
				authority of the Texas Water Code, Chapter 26, Subchapter I (Underground and
				Aboveground Storage Tanks);
(6) the
				lawful application of materials, including but not limited to fertilizers and
				pesticides, to land or water;
(7)
				discharges that are authorized by a permit, order, or rule issued under federal
				law or any other law of the State of Texas; provided, however, that
				unauthorized discharges shall be reported under this chapter unless the permit,
				order, or another commission rule provides an applicable reporting
				requirement;
(8) discharges or
				spills that are continuous and stable in nature, and are reported to the United
				States Environmental Protection Agency under 40 Code of Federal Regulations
				§302.8;
(9) discharges or
				spills occurring during the normal course of rail transportation; or
(10) accidental discharges or spills of
				treated or untreated wastewater that are reported in accordance with §
				305.132 of this title (relating to Special Conditions for Certain Wastewater
				Discharges).
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 327 - SPILL PREVENTION AND CONTROL › Section 327.3 - Notification Requirements

Current through Reg. 49, No. 28; July 12, 2024
(a) Reportable
				discharge or spill. A reportable discharge or spill is a discharge or spill of
				oil, petroleum product, used oil, hazardous substances, industrial solid waste,
				or other substances into the environment in a quantity equal to or greater than
				the reportable quantity listed in §
									327.4 of
				this title (relating to Reportable Quantities) in any 24-hour period.
(b) Initial notification. Upon the
				determination that a reportable discharge or spill has occurred, the
				responsible person shall notify the agency as soon as possible but not later
				than 24 hours after the discovery of the spill or discharge.
(c) Method of notification. The responsible
				person shall notify the agency in any reasonable manner including by telephone,
				in person, or by any other method approved by the agency. In all cases, the
				initial notification shall provide, to the extent known, the information listed
				in subsection (d) of this section. Notice provided under this section satisfies
				the federal requirement to notify the State Emergency Response Commission in
				the State of Texas. The responsible person shall notify one of the following:
(1) the State Emergency Response Center at
				1-800-832-8224;
(2) during normal
				business hours only, the regional office for the agency region in which the
				discharge or spill occurred; or
(3)
				the agency at the agency 24-hour spill reporting number.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 327 - SPILL PREVENTION AND CONTROL › Section 327.4 - Reportable Quantities

Current through Reg. 49, No. 28; July 12, 2024
(a) Hazardous
				substances. The reportable quantities for hazardous substances shall be:
(1) for spills or discharges onto land--the
				quantity designated as the Final Reportable Quantity (RQ) in Table 302.4 in
				40 CFR
				§302.4; or
(2) for spills or discharges into waters in
				the state--the quantity designated as the Final RQ in Table 302.4 in
				40 CFR
				§302.4, except where the Final RQ is
				greater than 100 pounds in which case the RQ shall be 100 pounds.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 327 - SPILL PREVENTION AND CONTROL › Section 327.5 - Actions Required

Current through Reg. 49, No. 28; July 12, 2024
(a) The responsible
				person shall immediately abate and contain the spill or discharge and cooperate
				fully with the executive director and the local incident command system. The
				responsible person shall also begin reasonable response actions which may
				include, but are not limited to, the following actions:
(1) arrival of the responsible person or
				response personnel hired by the responsible person at the site of the discharge
				or spill;
(2) initiating efforts to
				stop the discharge or spill;
(3)
				minimizing the impact to the public health and the environment;
(4) neutralizing the effects of the
				incident;
(5) removing the
				discharged or spilled substances; and
(6) managing the wastes.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 327 - SPILL PREVENTION AND CONTROL › Section 327.31 - Natural Resource Damage Assessment for Oil Spills in Coastal Waters

Current through Reg. 49, No. 28; July 12, 2024
Pursuant to a joint negotiated rulemaking mandated under
				  Senate Bill 1049, 73rd Legislature, 1993, the Texas Natural Resource
				  Conservation Commission incorporates by reference the provisions of 31 TAC
				  §§
									20.1-20.4, 20.10,
				  20.20-20.23, 20.30-20.36, and 20.40-20.44, concerning Natural Resource Damage
				  Assessment, as adopted by the Texas General Land Office, effective October 19,
				  1994.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 327 - SPILL PREVENTION AND CONTROL › Section 327.32 - Reporting Requirements for Certain Accidental Discharges or Spills of Treated or Untreated Wastewater at Wastewater Treatment Facilities or Collection Systems

Current through Reg. 49, No. 28; July 12, 2024
(a) The following
				words and terms, when used in this section, shall have the following meanings,
				unless the context clearly indicates otherwise.
(1) Collection system--Pipes, conduits, lift
				stations, force mains, and all other constructions, devices, and appurtenant
				appliances used to transport domestic wastewater to a wastewater treatment
				facility.
(2) History of
				noncompliance--History of non-reporting or reoccurrences of accidental
				discharges or spills of treated or untreated wastewater.
(3) Local government--An incorporated city, a
				county, a river authority, or a water district or authority acting under
				Article III, Section 52, or Article XVI, Section 59 of the Texas
				Constitution.
(4) Wastewater
				treatment facility--All contiguous land and fixtures, structures, and
				appurtenances used for storing, processing, and treating wastewater. A
				wastewater treatment facility does not include the collection system located
				outside of the fenced area around a wastewater treatment facility.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 328 - WASTE MINIMIZATION AND RECYCLING › Subchapter A - PURPOSE AND GENERAL INFORMATION › Section 328.1 - Purpose

Current through Reg. 49, No. 28; July 12, 2024
The purpose of this chapter is to establish regulations
					 that support the diversion of materials from solid waste streams, to promote
					 the economic recovery and reuse of materials, and to support the development of
					 markets for recycled, remanufactured or environmentally sensitive products or
					 services in a sustainable manner that protects the environment, public health
					 and safety.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 328 - WASTE MINIMIZATION AND RECYCLING › Subchapter A - PURPOSE AND GENERAL INFORMATION › Section 328.2 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
The following terms, when used in this subchapter, have the
					 following meanings. Other definitions may be found in Chapters 3, 330, and 332
					 of this title (relating to Definitions; Municipal Solid Waste; and
					 Composting).
(1) Affiliated with--A
				  person, "A" is affiliated with another person, "B," if either of the following
				  two conditions applies:
(A) "A" owns or
				  controls more than 20% of the voting interest, fair market value, profits,
				  proceeds, or capital gains of "B"; or
(B) "B" owns or controls more than 20% of the
				  voting interest, fair market value, profits, proceeds, or capital gains of
				  "A."
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 328 - WASTE MINIMIZATION AND RECYCLING › Subchapter A - PURPOSE AND GENERAL INFORMATION › Section 328.3 - General Requirements

Current through Reg. 49, No. 28; July 12, 2024
(a) All
				  recycling facilities shall comply with all applicable regulations of the
				  commission, all applicable federal laws and regulations, as well as, without
				  limitation, the following state laws, as applicable:
(1) Texas Solid Waste Disposal Act, Texas
				  Health and Safety Code (THSC), Chapter 361;
(2) Texas Litter Abatement Act, THSC, Chapter
				  365;
(3) Texas Toxic Chemical
				  Release Reporting Act, THSC, Chapter 370;
(4) Texas Clean Air Act, THSC, Chapter
				  382;
(5) Texas Radiation Control
				  Act, THSC, Chapter 401; and
(6)
				  Texas Water Code (TWC), Chapter 26 (relating to Water Quality
				  Control).
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 328 - WASTE MINIMIZATION AND RECYCLING › Subchapter A - PURPOSE AND GENERAL INFORMATION › Section 328.4 - Limitations on Storage of Recyclable Materials

Current through Reg. 49, No. 28; July 12, 2024
(a) The provisions of subsections (e) and (f)
				  of this section are available to all recycling facilities. In accordance with
				  §§330.11(e)(2), 332.3(d), and 332.23(5) of this title (relating to
				  Notification Required; Applicability; and Operational Requirements), in order
				  to be exempt from the registration and permit requirements under Chapter 330 of
				  this title (relating to Municipal Solid Waste) or under Chapter 332 of this
				  title (relating to Composting), a facility must comply with the requirements of
				  this section unless:
(1) the owner or
				  operator of the facility is a local government or an agency of the state or the
				  federal government;
(2) the
				  facility receives more than 50% of its recyclable material directly from any
				  combination of generators not affiliated with the facility, from the public, or
				  from haulers not affiliated with the facility; the facility receives no
				  financial compensation to accept any of the recyclable material it receives;
				  and the facility accumulating the recyclable material can show that the
				  material is potentially recyclable and has an economically feasible means of
				  being recycled; or
(3) the facility
				  smelts recyclable metals or the facility is a secondary metals recycling
				  facility affiliated with a smelter of recyclable metals, including the
				  operations conducted and materials handled at the facility, provided that the
				  owner or operator of the facility demonstrates that:
(A) the primary function of the facility is
				  to process materials that have a resale value greater than the cost of
				  processing the materials for subsequent beneficial use; and
(B) all the solid waste generated from
				  processing the materials is disposed of in a solid waste facility authorized
				  under Texas Health and Safety Code, Chapter 361 (concerning the Solid Waste
				  Disposal Act), with the exception of small amounts of solid waste that may be
				  inadvertently and unintentionally disposed of in another manner;
(4) the facility is owned or
				  operated by, or affiliated with, a person who holds a permit to dispose of
				  municipal solid waste.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 328 - WASTE MINIMIZATION AND RECYCLING › Subchapter A - PURPOSE AND GENERAL INFORMATION › Section 328.5 - Reporting and Recordkeeping Requirements

Current through Reg. 49, No. 28; July 12, 2024
(a) In order to be exempt from the
				  registration and permit requirements under §330.4(f)(1)(B) of this title
				  (relating to Permit Required) or under Chapter 332 of this title (relating to
				  Composting), a facility must comply with the requirements of this section
				  unless:
(1) the owner or operator of the
				  facility is a local government or an agency of the state or the federal
				  government;
(2) the facility
				  receives more than 50% of its recyclable material directly from any combination
				  of generators not affiliated with the facility, the public, or haulers not
				  affiliated with the facility; the facility receives no financial compensation
				  to accept any of the recyclable material it receives; and the facility
				  accumulating the recyclable material can show that the material is potentially
				  recyclable and has an economically feasible means of being recycled;
(3) the facility smelts recyclable metals or
				  the facility is a secondary metals recycling facility affiliated with a smelter
				  of recyclable metals, including the operations conducted and materials handled
				  at the facility, provided that the owner or operator of the facility
				  demonstrates that:
(A) the primary function of
				  the facility is to process materials that have a resale value greater than the
				  cost of processing the materials for subsequent beneficial use; and
(B) all the solid waste generated from
				  processing the materials is disposed of in a solid waste facility authorized
				  under Texas Health and Safety Code, Chapter 361 (concerning the Solid Waste
				  Disposal Act), with the exception of small amounts of solid waste that may be
				  inadvertently and unintentionally disposed of in another manner; or
(4) the owner or operator of the
				  facility owns or operates a facility permitted to dispose of municipal solid
				  waste, or is affiliated with a person holding a permit to dispose of municipal
				  solid waste.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 328 - WASTE MINIMIZATION AND RECYCLING › Subchapter B - RECYCLING, REUSE, AND MATERIALS RECOVERY GOALS AND RATES › Section 328.6 - Purpose and Scope

Current through Reg. 49, No. 28; July 12, 2024
(a) Purpose. The
				  purpose of this subchapter is to establish reporting requirements through which
				  progress toward achieving the established recycling goals can be measured. It
				  is the state's goal to achieve the recycling of at least 40% of the state's
				  total municipal solid waste stream.
(b) Scope. These sections shall be used to
				  determine local, regional, and statewide recycling rates. These sections also
				  provide guidance for determining waste stream reduction and per capita waste
				  generation rates.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 328 - WASTE MINIMIZATION AND RECYCLING › Subchapter B - RECYCLING, REUSE, AND MATERIALS RECOVERY GOALS AND RATES › Section 328.7 - Definitions of Terms and Abbreviations

Current through Reg. 49, No. 28; July 12, 2024
The following words and terms, when used in this subchapter
					 shall have the following meanings, unless the context clearly indicates
					 otherwise.
(1) Base year--The year
				  1990 used as a reference for recycling credit limits and for determining the
				  amount of waste reduced at the source.
(2) Municipal sludge--Any solid, semisolid,
				  or liquid waste generated from a municipal wastewater treatment plant, water
				  supply treatment plant, or any other such waste having similar characteristics
				  and effect, exclusive of the treated effluent from a wastewater treatment
				  plant.
(3) Net tons of waste
				  exported--The difference between that portion of the municipal waste stream
				  generated within specific geographic boundaries and exported for disposal and
				  that portion which is generated outside the boundaries and imported for
				  disposal during a specified time period.
(4) Recycled product--A product which
				  conforms to the minimum content of recycled material as specified in the
				  Comprehensive Procurement Guidelines (CPG) and the Recovered Materials Advisory
				  Notice (RMAN) published by the Environmental Protection Agency (EPA). The
				  following is a list of the EPA guidelines:
(A)
				  CPG I, as amended through May 1, 1995, at 60 Federal Register (FR)
				  21370;
(B) RMAN I, as amended
				  through May 1, 1995, at 60 FR 21386;
(C) RMAN (update), as amended through May 29,
				  1996, at 61 FR 26985;
(D) CPG II,
				  as amended through November 13, 1997, at 62 FR 60962;
(E) RMAN II, as amended through November 13,
				  1997, at 62 FR 60975;
(F) RMAN
				  (update), as amended through June 8, 1998, at 63 FR 31214;
(G) CPG III, as amended through January 19,
				  2000, at 65 FR 3069;
(H) RMAN III,
				  as amended through January 19, 2000, 65 FR 3082. For products for which no EPA
				  guidelines exist, states may use guidelines from the Federal Trade Commission
				  (FTC), or the American Society for Testing Materials (ASTM) for those products
				  for which FTC or ASTM guidelines exist. The FTC guideline is found in Code of
				  Federal Regulations, Title 16, Volume 1, Parts 0 to 999, Revised January 1,
				  1999. The ASTM guideline can be found in the 1999 Annual Book of ASTM
				  Standards, Volumes 1-15.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 328 - WASTE MINIMIZATION AND RECYCLING › Subchapter B - RECYCLING, REUSE, AND MATERIALS RECOVERY GOALS AND RATES › Section 328.8 - Measurement of Recycling Rates

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Annual rates. Annually, the executive director shall determine the statewide
				  recycling rate and, when possible, the waste stream reduction and per capita
				  waste generation rates. Also, when possible, the executive director shall
				  determine the rates for specific materials and for particular geographic areas
				  of the state.
(b) Recordkeeping.
				  Processors, handlers, and collectors of recyclable materials are encouraged to
				  report and keep appropriate records to facilitate measuring recycling rates.
				  The executive director shall protect confidential information received from
				  these businesses to the extent authorized by law.
(c) Multiple counting. Diligence shall be
				  practiced in collecting and reporting information to prevent multiple counting
				  of any materials. Usually, materials will be counted as they are transferred to
				  a recyclable material end-user or consumer in the state or as they are
				  transferred out of state. The quantities of materials rejected and disposed of
				  by the end-user shall be deducted from the quantities counted for
				  recycling.
(d) Required minimum
				  information for reporting. The following information at a minimum shall
				  accompany the reporting of recycling rates for clarification:
(1) report area or geographic area covered by
				  the report;
(2) reporting period -
				  the year or portion of a year covered by the report;
(3) tons of each material, categorized per
				  subsection (e) of this section, recovered or diverted for recycling from the
				  total municipal solid waste stream generated within the report area during the
				  report period;
(4) tons of
				  municipal solid waste generated within the report area during the report
				  period;
(5) tons of municipal solid
				  waste generated during the report period within the report area but disposed of
				  outside the report area;
(6) tons
				  of municipal solid waste generated outside the report area but disposed of
				  inside the report area during the report period;
(7) average populations within the report
				  area during the report period and the base year, 1990; and
(8) the calculated recycling, waste stream
				  reduction, and per capita waste generation rates using the formulas contained
				  in §
											328.9
				  of this title (relating to Recycling, Waste Stream Reduction, and Per Capita
				  Waste Generation Rates).
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 328 - WASTE MINIMIZATION AND RECYCLING › Subchapter B - RECYCLING, REUSE, AND MATERIALS RECOVERY GOALS AND RATES › Section 328.9 - Recycling, Waste Stream Reduction, and Per Capita Waste Generation Rates

Current through Reg. 49, No. 28; July 12, 2024
(a) Recycling rate.
				  The recycling rate is calculated by dividing the tons of material recovered or
				  diverted for recycling by the tons of total municipal solid waste generated,
				  where the total municipal solid waste generated is the sum of the tons
				  recycled, the tons disposed of, and tons of waste exported minus the tons of
				  waste imported. The formula for the recycling rate can be expressed as follows.
Attached
					 Graphic
(b)
				  Waste stream reduction rate. The waste stream reduction rate is calculated by
				  dividing the sum of the tons recycled and tons source-reduced by the sum of the
				  tons recycled, tons source-reduced, tons disposed of, and net tons of waste
				  exported. The formula for the diversion rate can be expressed as follows.
Attached
					 Graphic
(c) Per
				  capita waste generation rates.
(1) Per capita
				  annual waste generation rate. The per capita annual waste generation rate is
				  calculated by dividing the annual tons of municipal solid waste generated by
				  the population of the area. The formula for this term can be expressed as
				  follows.
Attached
					 Graphic
(2) Per
				  capita daily waste generation rate. The per capita daily waste generation rate
				  is calculated by dividing the annual rate, in paragraph (1) of this subsection,
				  by 365 days as follows.
Attached
					 Graphic
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 328 - WASTE MINIMIZATION AND RECYCLING › Subchapter C - MANAGEMENT OF LEAD-ACID BATTERIES › Section 328.11 - Purpose

Current through Reg. 49, No. 28; July 12, 2024
The purpose of the sections in this subchapter is to
					 establish procedures and requirements for the sale and disposal of secondary or
					 storage batteries that are made of a lead-acid combination.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 328 - WASTE MINIMIZATION AND RECYCLING › Subchapter C - MANAGEMENT OF LEAD-ACID BATTERIES › Section 328.12 - Applicability

Current through Reg. 49, No. 28; July 12, 2024
(a) The sections in
				  this subchapter are applicable to persons who are involved in the sale,
				  transportation, collection for recycling, and disposal of lead-acid type
				  storage or secondary batteries regulated by the commission pursuant to the
				  Texas Health and Safety Code, §§
										361.451-361.454.
(b) While these sections are only applicable
				  specifically to lead-acid type storage or secondary batteries, any other type
				  of multi-cell storage or secondary battery, primary battery, nuclear cell,
				  solar cell, or fuel cell should be managed in a similar manner.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 328 - WASTE MINIMIZATION AND RECYCLING › Subchapter C - MANAGEMENT OF LEAD-ACID BATTERIES › Section 328.13 - Disposal of Batteries

Current through Reg. 49, No. 28; July 12, 2024
(a) No person may
				  place a used lead-acid battery in mixed municipal solid waste or discard or
				  otherwise dispose of a lead-acid battery except by delivery to:
(1) a battery retailer;
(2) a battery wholesaler;
(3) a secondary lead smelter; or
(4) a collection or recycling facility
				  authorized under the laws of this state or by the Environmental Protection
				  Agency (EPA).
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 328 - WASTE MINIMIZATION AND RECYCLING › Subchapter C - MANAGEMENT OF LEAD-ACID BATTERIES › Section 328.14 - Retail Sale of Lead-acid Batteries

Current through Reg. 49, No. 28; July 12, 2024
A battery retailer in Texas shall:
(1) accept from the customer, if offered by
				  the customer, at the point of transfer, a used lead-acid battery of the type
				  and in a quantity equal to the number of new lead-acid batteries sold;
				  and
(2) post written notice,
				  containing the universal recycling symbol, concerning the sale and disposal of
				  lead-acid batteries. The written notice shall conform to the requirements of
				  §
										328.16 of
				  this title (relating to Notice Requirements) and shall be provided by the
				  executive director.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 328 - WASTE MINIMIZATION AND RECYCLING › Subchapter C - MANAGEMENT OF LEAD-ACID BATTERIES › Section 328.15 - Wholesale Sale of Lead-acid Batteries

Current through Reg. 49, No. 28; July 12, 2024
A battery wholesaler in Texas shall:
(1) accept from the customer, if offered by
				  the customer, at the point of transfer, used lead-acid batteries of the type
				  and in a quantity equal to the number of new lead-acid batteries sold;
				  or
(2) if accepting batteries in
				  transfer from a battery retailer or retail facility, remove all used lead-acid
				  batteries from the retail point of collection within 90 days after acceptance;
				  and
(3) shall post written notice,
				  containing the universal recycling symbol, concerning the sale and disposal of
				  lead-acid batteries. The notice shall conform to the requirements of §
										328.16 of
				  this title (relating to Notice Requirements) and shall be provided by the
				  executive director.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 328 - WASTE MINIMIZATION AND RECYCLING › Subchapter C - MANAGEMENT OF LEAD-ACID BATTERIES › Section 328.16 - Notice Requirements

Current through Reg. 49, No. 28; July 12, 2024
(a) A battery
				  retailer or wholesaler shall post in a place visible to all customers a
				  conspicuous notice in both English and Spanish containing the universal
				  recycling symbol concerning the sale and disposal of lead-acid
				  batteries.
(b) The notice shall be
				  a sign at least 8 1/2 inches by 11 inches in size and shall be provided by the
				  executive director, and shall contain the following language:
(1) "It is illegal (Class C Misdemeanor) to
				  discard or improperly dispose of a motor-vehicle battery or other lead-acid
				  battery";
(2) "Recycle your used
				  batteries"; and
(3) "State law
				  requires us to accept used motor-vehicle batteries for recycling in exchange
				  for new batteries purchased."
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 328 - WASTE MINIMIZATION AND RECYCLING › Subchapter C - MANAGEMENT OF LEAD-ACID BATTERIES › Section 328.17 - Recordkeeping

Current through Reg. 49, No. 28; July 12, 2024
(a) Battery
				  retailers and battery wholesalers shall, as a minimum, maintain a record of the
				  number of lead-acid batteries that are purchased, the number of lead-acid
				  batteries that are accepted in return for new batteries sold (trade-ins), and
				  the number of lead-acid batteries that are delivered to a disposal
				  facility.
(b) The records required
				  under this section shall be maintained on a monthly basis and shall be kept for
				  a period of three years. These records shall be made available to any
				  representative of the executive director upon request.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 328 - WASTE MINIMIZATION AND RECYCLING › Subchapter C - MANAGEMENT OF LEAD-ACID BATTERIES › Section 328.18 - Inspection of Battery Retailers

Current through Reg. 49, No. 28; July 12, 2024
A representative of the executive director may enter any
					 place, building, or premise of a battery retailer for the purpose of inspecting
					 the facility for compliance with this subchapter. The inspection or
					 investigation will be made only during regular business hours or by appointment
					 for any other time.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 328 - WASTE MINIMIZATION AND RECYCLING › Subchapter C - MANAGEMENT OF LEAD-ACID BATTERIES › Section 328.19 - Penalties

Current through Reg. 49, No. 28; July 12, 2024
(a) It is a
				  violation of this subchapter for a battery retailer or wholesaler to:
(1) fail to maintain correct and complete
				  records;
(2) fail to comply with
				  the provisions of this subchapter; or
(3) fail to comply with written warnings,
				  citations, or directions given by the commission.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 328 - WASTE MINIMIZATION AND RECYCLING › Subchapter D - USED OIL FILTER MANAGEMENT AND RECYCLING › Section 328.21 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
The following words, terms, and abbreviations when used in
					 this subchapter, shall have the following meanings unless the context clearly
					 indicates otherwise.
(1) Bill of
				  lading--A shipping document that confirms receipt of a shipment.
(2) Bulk filter container--A portable device
				  that:
(A) is part of an integrated delivery
				  and retrieval system; and
(B) has a
				  capacity greater than 330 gallons.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 328 - WASTE MINIMIZATION AND RECYCLING › Subchapter D - USED OIL FILTER MANAGEMENT AND RECYCLING › Section 328.22 - Applicability

Current through Reg. 49, No. 28; July 12, 2024
(a) This subchapter
				  applies to a used oil filter only if the filter has been determined to be
				  nonhazardous or exempt from being hazardous waste due to draining of used oil
				  per Title 40 Code of Federal Regulations, §261.4(b)(13) (as amended
				  through August 24, 1998), and the filter has not been:
(1) separated into its component parts;
				  or
(2) burned for:
(A) steel recovery; or
(B) energy recovery.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 328 - WASTE MINIMIZATION AND RECYCLING › Subchapter D - USED OIL FILTER MANAGEMENT AND RECYCLING › Section 328.23 - General Requirements

Current through Reg. 49, No. 28; July 12, 2024
(a) A person
				  may not store, process, or dispose of a used oil filter in a manner that
				  results in the discharge of oil into soil or water.
(b) A person may not knowingly place on land
				  a used oil filter that contains used oil unless the used oil filter is in a
				  container.
(c) A bulk filter
				  container used to store used oil filters:
(1)
				  must not leak; and
(2) must be
				  securely closed, waterproof, and in good condition.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 328 - WASTE MINIMIZATION AND RECYCLING › Subchapter D - USED OIL FILTER MANAGEMENT AND RECYCLING › Section 328.24 - Registration and Reporting

Current through Reg. 49, No. 28; July 12, 2024
(a) A
				  transporter, storage facility, or processor may not store, process, recycle, or
				  dispose of used oil filters unless the person is registered with the agency.
				  These persons must register using an agency form and have a valid registration
				  prior to operation. Mail the form to the Texas Natural Resource Conservation
				  Commission, P.O. Box 13087, Austin, Texas 78711-3087. For further information,
				  call 1-888-TX CRUDE or for forms and publications use Internet address:
				  http://www.tnrcc.state.tx.us.
(b)
				  Unless the person is registered with the agency as a storage facility, a person
				  may not store used oil filters:
(1) that in
				  the aggregate have a volume greater than six 55-gallon drums; or
(2) in more than one bulk filter
				  container.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 328 - WASTE MINIMIZATION AND RECYCLING › Subchapter D - USED OIL FILTER MANAGEMENT AND RECYCLING › Section 328.25 - Shipment Records

Current through Reg. 49, No. 28; July 12, 2024
(a) Each shipment
				  of used oil filters must be accompanied by a bill of lading. The bill of lading
				  must demonstrate a transfer of custody of the used oil filters from the
				  shipping facility to the registered transporter, and from the transporter to
				  the registered storage facility or processor. The bill of lading must contain
				  the date of such transfer, the name and physical address of the shipping
				  facility, the name and address of the receiving facility, and the name and
				  address of the transporter, the quantity of used oil filters removed and any
				  other information which the executive director may deem necessary to protect
				  the environmental quality of the State of Texas. The shipping facility must
				  verify the information within the bill of lading, and demonstrate concurrence
				  by the signature of an authorized representative.
(b) A copy of the bill of lading for each
				  shipment of used oil filters must be maintained by the generator of the
				  filters, transporter of the filters, storage facility at which the filters were
				  stored, and processor of the filters for at least three years after the date
				  the filters were transported, stored, or processed.
(c) The copies of bills of lading must be
				  made available for agency personnel to inspect at any reasonable
				  time.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 328 - WASTE MINIMIZATION AND RECYCLING › Subchapter D - USED OIL FILTER MANAGEMENT AND RECYCLING › Section 328.26 - Limitations on Storage

Current through Reg. 49, No. 28; July 12, 2024
(a) A storage
				  facility may not store a used oil filter for more than 120 days.
(b) A transporter may not store a used oil
				  filter for more than ten days.
(c)
				  A processor may not store a used oil filter for more than 30 days before it is
				  processed.
(d) A processor that
				  stores used oil filters in a container shall label each container clearly with
				  the phrase "Used Oil Filters."
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 328 - WASTE MINIMIZATION AND RECYCLING › Subchapter D - USED OIL FILTER MANAGEMENT AND RECYCLING › Section 328.27 - Variances

Current through Reg. 49, No. 28; July 12, 2024
(a) The executive
				  director may grant an individual variance to allow:
(1) a generator to store used oil filters in
				  a greater aggregate volume than the volume prescribed in §
											328.24(b)
				  of this title (relating to Registration and Reporting); or
(2) a person to store used oil filters for a
				  period longer than the period prescribed for that person in §
											328.26 of
				  this title (relating to Limitations on Storage).
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 328 - WASTE MINIMIZATION AND RECYCLING › Subchapter D - USED OIL FILTER MANAGEMENT AND RECYCLING › Section 328.28 - Spill Prevention and Control

Current through Reg. 49, No. 28; July 12, 2024
Each registered storage facility and each facility of a
					 registered processor shall develop a plan to prevent spills and respond to
					 spills in accordance with the federal spill prevention, control, and
					 countermeasure requirements provided by Title 40 Code of Federal Regulations,
					 Part 112 (as amended through July 1, 1998).