Section 335.10 - Shipping and Reporting Procedures Applicable to Generators of Hazardous Waste or Class 1 Waste(a) Except as provided in paragraph (2) of this subsection, no person who generates, transports, processes, stores, or disposes of hazardous waste shall cause, suffer, allow, or permit the shipment of hazardous waste unless the person complies with this subsection, § 335.12 of this title (relating to Shipping Requirements Applicable to Owners or Operators of Treatment, Storage, or Disposal Facilities), § 335.13 of this title (relating to Recordkeeping and Reporting Procedures Applicable to Generators Shipping Hazardous Waste or Class 1 Waste), § 335.54 of this title (relating to Hazardous Waste Manifest), and § 335.58 of this title (relating to Transboundary Movements of Hazardous Waste for Recovery or Disposal).(1) In addition, generators and owners or operators of treatment, storage, or disposal facilities shall include a Texas waste code for each hazardous waste itemized on the manifest.(2) The manifest required by this subsection is not required for the transportation of hazardous waste when all of the conditions of an applicable exemption from manifesting have been met, including and not limited to the exemptions in this paragraph and subsection (b) of this section. (A) The manifesting requirements of this section are not applicable to the transportation of hazardous waste generated by a very small quantity generator (VSQG) that meets the conditions for exemption in 40 Code of Federal Regulations (CFR) §262.14 as adopted in § 335.53 of this title (relating to General Standards Applicable to Generators of Hazardous Waste).(B) The manifesting requirements of this section are not applicable to the transportation of potentially creditable hazardous waste pharmaceuticals from a healthcare facility or a reverse distributor to a reverse distributor in compliance with § 335.769 of this title (relating to Shipping Potentially Creditable Hazardous Waste Pharmaceuticals from a Healthcare Facility or a Reverse Distributor to a Reverse Distributor).(b) The manifesting and marking requirements of § 335.55 of this title (relating to Pre-Transport Requirements Applicable to Small and Large Quantity Generators) are not applicable to the transportation of hazardous waste on a public or private right-of-way within or along the border of contiguous property under the control of the same person, even if such contiguous property is divided by a public or private right-of-way. However, in the event of a hazardous waste discharge on a public or private right-of-way, the generator or transporter must comply with the requirements of § 335.93 of this title (relating to Hazardous Waste Discharges).(c) Except as provided in subsections (d) and (e) of this section, persons who generate, transport, process, store, or dispose of Class 1 waste shall not cause, suffer, allow, or permit the shipment of Class 1 waste unless the person complies with the manifest requirements adopted in § 335.54 of this title with the following changes and additions:(1) when Class 1 waste is itemized on the manifest, either the Texas Commission on Environmental Quality solid waste registration (SWR) number or the United States Environmental Protection Agency (EPA) identification number must identify the generator, transporter, and designated facility; and the Texas waste code, instead of the EPA waste code, must identify the waste;(2) when both hazardous and Class 1 waste are itemized on the same manifest, the EPA identification numbers, not SWR numbers, must identify the generator, transporter, and designated facility; and the Texas waste codes must identify each waste itemized on the manifest;(3) the term "Designated facility" has the meaning in § 335.1 of this title (relating to Definitions);(4) the term "Hazardous waste" is replaced by the term "Class 1 waste";(5) the exceptions for hazardous waste being reclaimed under 40 CFR § 262.20(e) are not applicable to transportation of Class 1 waste;(6) in the event of a discharge on a public right of way, the generator or transporter must comply with Chapter 327 of this title (relating to Spill Prevention and Control) and § 335.93 of this title instead of complying with 40 CFR § 263.30 and § 263.31 as required by 40 CFR § 262.20(f); and(7) waste minimization certification required by 40 CFR § 262.27 is not applicable to Class 1 waste.(d) No manifest is required for the shipment of Class 1 waste generated by a person that generated less than 100 kilograms of Class 1 waste during the calendar month in which the subject Class 1 waste was generated.(e) No manifest is required for the shipment of Class 1 waste to property owned or otherwise effectively controlled by the owner or operator of an industrial plant, manufacturing plant, mining operation, or agricultural operation from which the waste results or is produced, provided that: (1) the property is within 50 miles of the plant or operation;(2) the waste is not commingled with waste from any other source or sources. An industrial plant, manufacturing plant, mining operation, or agricultural operation owned by one person shall not be considered another source with respect to other plants or operations owned by the same person; and(3) the owner or operator of a facility that receives and stores, processes, or disposes Class 1 waste from off-site in compliance with an exception from permit required in § 335.2(d)(1) or (2) of this title (relating to Permit Required) must report Class 1 industrial waste received from off-site in the Annual Waste Summary submitted for the receiving facility in accordance with § 335.9 of this title (relating to Recordkeeping and Annual Reporting Procedures Applicable to Generators).30 Tex. Admin. Code § 335.10
The provisions of this §335.10 adopted to be effective July 14, 1987, 12 TexReg 2106; amended to be effective July 27, 1988, 13 TexReg 3515; amended to be effective November 27, 1992, 17 TexReg 8010; amended to be effective November 23, 1993, 18 TexReg 8218; amended to be effective April 24, 1995, 20 TexReg 2709; amended to be effective March 1, 1996, 21 TexReg 1425; amended to be effective May 20, 1999, 24 TexReg 3726; amended to be effective November 15,2001, 26 TexReg 9135; amended to be effective August 31, 2006, 31 TexReg 6755; amended to be effective February 21, 2013, 38 TexReg 978; Amended by Texas Register, Volume 41, Number 24, June 10, 2016, TexReg 4271, eff. 6/16/2016; Amended by Texas Register, Volume 45, Number 23, June 5, 2020, TexReg 3787, eff. 6/11/2020; Amended by Texas Register, Volume 47, Number 04, January 28, 2022, TexReg 0337, eff. 2/3/2022