Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 326 - MEDICAL WASTE MANAGEMENT › Subchapter B - PACKAGING, LABELING AND SHIPPING REQUIREMENTS › Section 326.23 - Shipping

Current through Reg. 49, No. 28; July 12, 2024
(a) Generators may
				  transport their own untreated waste or shall release medical waste only to
				  transporters who are registered with the executive director to transport
				  untreated medical waste, as required in § 326.53 of this title (relating
				  to Transporters) and in compliance with 49 Code of Federal Regulations
				  §173.6(a)(4).
(b) Except for
				  medical waste shipped via First Class or Priority Mail using the United States
				  Postal Service, the generator shall obtain from the transporter a signed
				  manifest for each shipment of medical waste.
(c) The generator shall maintain manifests
				  regarding all shipments of untreated medical waste for a period of three years
				  following the date of each shipment. This time period may be extended by the
				  executive director for investigative purposes or in case of enforcement
				  action.
(d) Generators and
				  transporters shall maintain accurate and complete electronic or hard copy
				  manifests for shipments of untreated medical waste and make them available for
				  inspection by the executive director. Such manifest records shall be legible,
				  complete and accurate originals or reproduced copies of the same, provided that
				  any copy is authenticated by authorized personnel. The manifests may be
				  available in electronic media with the capability for producing legible,
				  accurate, and complete records for inspections. All documents must be available
				  for viewing and/or copying at time of an inspection. The generator and
				  transporter shall maintain adequate safeguards against tampering with and loss
				  of records.
(e) Treated medical
				  waste shipments including sharps or residuals of sharps originating from health
				  care-related facilities shall be accompanied by a written statement to the
				  solid waste landfill that the shipment has been treated by an approved method
				  in accordance with 25 TAC §
										1.136(relating
				  to Approved Methods of Treatment and Disposition).
(f) Shipments of untreated medical waste
				  shall be stored, processed or deposited only at a facility that has been
				  authorized by the commission to accept untreated medical waste. Untreated
				  medical waste that is transported out of the state must be deposited at a
				  facility that is authorized by the appropriate agency having jurisdiction over
				  such waste.
(g) Persons that
				  transport untreated medical waste from Texas to other states or countries or
				  from other states or countries to Texas, or persons that collect or transport
				  waste in Texas but have their principal place of business in another state,
				  shall comply with all applicable requirements of this chapter for such
				  transportation activities. If such persons engage in any activity of managing
				  medical waste in Texas by storage, processing, or disposal, they shall follow
				  the applicable requirements for facility operators of such
				  activities.