Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 328 - WASTE MINIMIZATION AND RECYCLING › Subchapter F - MANAGEMENT OF USED OR SCRAP TIRES › Section 328.58 - Manifest System

Current through Reg. 49, No. 28; July 12, 2024
(a) Generators
				  shall obtain from the transporter collecting tires from their place of business
				  and maintain a record of each individual load of used or scrap tires or tire
				  pieces hauled off from their business location. The record shall be in the form
				  of a five-part manifest or other similar documentation approved by the
				  executive director. The generator shall complete the information pertaining to
				  generator name, address, and telephone number, number of tires removed on the
				  manifest, and registration number, if applicable. The generator shall indicate
				  the destination of all used or scrap tires or tire pieces removed from the
				  business location. A representative of the generator shall sign the manifest
				  acknowledging that the information on the manifest is true and
				  correct.
(b) The transporter shall
				  complete the information on the manifest pertaining to transporter name and
				  registration number and the transporter's driver's license number and the state
				  where the license was issued. The transporter shall record the number and type
				  of scrap tires removed from the generator and delivered and the location of any
				  whole used or scrap tires removed from the load and delivered. Transporters
				  shall maintain a manifest record of each individual collection and delivery.
				  The transporter shall sign the manifest acknowledging that the information on
				  the manifest form is true and correct. If the transporter removes, for
				  beneficial reuse, all tires from an individually manifested load, the
				  transporter shall return the original manifest to the generator within 60 days
				  of the date of collection.
(c) The
				  authorized facility accepting delivery of the used or scrap tires or tire
				  pieces shall complete the information on the manifest pertaining to the
				  authorized facility identification and number or weight of tires or tire pieces
				  accepted for delivery. A representative of the authorized facility shall sign
				  the manifest acknowledging that the information on the manifest form is true
				  and correct. The authorized facility shall ensure that the top original of the
				  five-part manifest is completely filled out and returned to the generator
				  within 60 days of the date and time of collection as indicated in Section 1 of
				  the manifest.
(d) A generator shall
				  obtain the completed manifest within 60 days after the scrap tires or tire
				  pieces were transported off-site by the transporter.
(e) The generator shall notify the
				  appropriate commission regional office of any transporter or authorized scrap
				  tire facility that fails to complete the manifest, alters the generator portion
				  of the manifest, or fails to return the manifest within three months after the
				  off-site transportation of the used or scrap tires or tire pieces.
(f) Originals of manifests, work orders,
				  invoices or other documentation used to support activities related to the
				  accumulation, handling, and shipment of used or scrap tires or scrap tire
				  pieces shall be retained by the generator for a period of three years. All such
				  records shall be made available to the executive director upon request.
(1) Any change made to the face of an
				  original record shall be made by drawing a single line through the item being
				  changed, ensuring that the item remains legible and readable. To the side of
				  the mark, the person making the change shall place his or her initials with the
				  date of such change.
(2) Any change
				  made to the face of an original record shall be accompanied by a written
				  justification stating the reason and purpose for the change. This written
				  justification shall be prepared simultaneously with the change to the original
				  record, attached to the original record, maintained at the designated place of
				  business for a period of at least three years, and made available to the
				  executive director upon request. The justification shall include the date of
				  the change, and the full name and position of the individual making the
				  change.
(3) Should the executive
				  director identify discrepancies/errors in records, an opportunity will be given
				  to justify, in writing, any such errors or discrepancies.