Current through Reg. 49, No. 49; December 6, 2024
Section 330.13 - Waste Management Activities Exempt from Permitting, Registration, or Notification(a) A permit, registration, notification, or other authorization is not required for the disposal of up to 2,000 pounds per year of litter or other solid waste generated by an individual on that individual's own land and is not required to comply with § 330.19 of this title (relating to Deed Recordation) provided that: (1) the litter or waste is generated on land that the individual owns;(2) the litter or waste is not generated as a result of an activity related to a commercial purpose;(3) the disposal occurs on land that the individual owns;(4) the disposal is not for a commercial purpose;(5) the waste disposed of is not hazardous waste or industrial waste;(6) the waste disposal method complies with Chapter 111, Subchapter B of this title (relating to Outdoor Burning); and(7) the waste disposal method does not contribute to a nuisance and does not endanger the public health or the environment. Exceeding 2,000 pounds per individual's residence per year is considered to be a nuisance.(b) A permit, registration, notification, or other authorization is not required for the disposal of animal carcasses from government roadway maintenance where:(1) either of the following:(A) the animals were killed on county or municipal roadways and the carcasses are buried on property owned by the entity that is responsible for road maintenance; or(B) the animals were killed on state highway rights-of-way and the carcasses are disposed of by the Texas Department of Transportation by burying the carcasses on state highway rights-of-way; and(2) the waste disposal method does not contribute to a nuisance and does not endanger the public health or the environment; and(3) the animal carcasses are covered with at least two feet of soil within 24 hours of collection in accordance with § 330.171(c)(2) of this title (relating to Disposal of Special Wastes).(c) A permit, registration, notification, or other authorization is not required for veterinarians performing activities as authorized by Texas Occupations Code, § 801.361, Disposal of Animal Remains. Disposal by burning under this section must comply only with § 111.209(3) of this title (relating to Exception for Disposal Fires).(d) Except as required by § 330.7(c)(2) and § 330.9(a) of this title (relating to Permit Required; and Registration Required), a permit, registration, notification, or other authorization is not required for transporters of municipal solid waste.(e) A permit, registration, notification, or other authorization is not required for a collection point for parking lot or street sweepings or wastes collected and received in sealed plastic bags from such activities as periodic city-wide cleanup campaigns and cleanup of rights-of-way or roadside parks.(f) A permit, registration, notification, or other authorization is not required from a car wash facility for drying grit trap waste as long as these wastes are dried and disposed of in compliance with applicable federal, state, and local regulations. Grit trap waste from car wash facilities may be transported for drying purposes to other property if the car wash facility and the property with the drying bed have the same owner and if the facilities are located within 50 miles of each other. This subsection is not intended to preempt or supersede local government regulation of grit trap waste-drying facilities. Drying facilities must comply with Chapter 116 of this title (relating to Control of Air Pollution by Permits for New Construction or Modification) if applicable.(g) A permit, registration, notification, or other authorization is not required for a gasification or pyrolysis facility. The owner or operator shall keep records onsite to demonstrate: (1) that the primary function of the facility is to convert materials that have a resale value greater than the cost of converting the materials for subsequent beneficial use. The demonstration may consist of the following information: (A) documentation to support all costs associated with processing materials versus the resale value for the intended beneficial use; or(B) published indices or buyer contracts, proposed turnover rates, and calculations to show a resale value greater than the costs associated with processing materials. (2) identification of the disposal site(s) authorized by the commission where all solid waste generated from converting the materials will be disposed of.30 Tex. Admin. Code § 330.13
The provisions of this §330.13 adopted to be effective March 27, 2006, 31 TexReg 2502; Amended by Texas Register, Volume 41, Number 21, May 20, 2016, TexReg 3737, eff. 5/26/2016; Amended by Texas Register, Volume 45, Number 43, October 23, 2020, TexReg 7607, eff. 10/29/2020