This section applies to owners and operators who receive hazardous or Class 1 waste from off-site sources or who have notified that they intend to receive hazardous or Class 1 waste from off-site sources.   (1) The owner or operator of the treatment, storage, or disposal facility designated on the manifest shall retain a copy of each manifest or, in the case of shipments by rail or water (bulk shipment), a copy of each manifest and shipping paper, for a minimum of three years from the date of initial shipment by the generator or primary exporter where appropriate.   (2) Except as provided in paragraph (6) of this section or as provided in §335.24(h) of this title (relating to Requirements for Recyclable Materials and Nonhazardous Recyclable Materials), the owner or operator shall prepare a complete and correct Monthly Waste Receipt Summary for all manifested and unmanifested hazardous or Class 1 waste shipments received. The Monthly Waste Receipt Summary shall be submitted electronically, using software provided by the executive director. Upon written request by the receiver, authorization may be given by the executive director to use paper forms or an alternative reporting method. The Monthly Waste Receipt Summary shall be submitted to the executive director on or before the 25th of each month for wastes or manifests received during the previous month. (The appropriate abbreviations for method of treatment, storage, and disposal of waste and for units of measure may be found on the form or accompanying instructions.) Any owner or operator of a treatment, storage, or disposal facility required to comply with this paragraph shall prepare and submit a Monthly Waste Receipt Summary each month even if no waste was received.   (3) If a facility accepts for treatment, storage, or disposal any hazardous waste or Class 1 waste from an off-site source without an accompanying manifest, or without an accompanying shipping paper as described in §335.10 of this title (relating to Shipping and Reporting Procedures Applicable to Generators of Hazardous Waste or Class 1 Waste and Primary Exporters of Hazardous Waste), and if the waste is not excluded from the manifest requirement of this chapter, then the owner or operator must prepare and submit a letter to the executive director within 15 days after receiving the waste. The unmanifested waste report must contain the following information:     (A) the United States Environmental Protection Agency (EPA) identification number, name, and address of the facility;     (B) the date the facility received the waste;     (C) the EPA identification number, name, and address of the generator and the transporter, if available;     (D) a description and the quantity of each unmanifested hazardous waste the facility received which was not accompanied by a manifest;     (E) the method of treatment, storage, or disposal for each hazardous waste;     (F) the certification signed by the owner or operator of the facility or his authorized representative; and     (G) a brief explanation of why the waste was unmanifested, if known.   (4) The owner or operator shall retain a copy of each summary required by paragraphs (2) and (3) of this section for a minimum of three years from the date of each summary.   (5) The period of record retention required by this section is automatically extended during the course of any unresolved enforcement action regarding the regulated activity.   (6) An owner or operator reclaiming hazardous wastes received from conditionally exempt small quantity generators is subject to the requirements of this section requiring completion of a Monthly Waste Receipt Summary, from his copy of all manifests received during the month, unless he has requested in writing a modification in the reporting requirements. A modification relieving the owner or operator of having to report each manifested shipment on the Monthly Waste Receipt Summary may be granted at the discretion of the executive director on a case-by-case basis.   (7) Information which has already been submitted by permitted or interim status facilities under the requirements of this section need not be included in the reports required by 40 CFR §264.75 or §265.75 (relating to Biennial Reports); these biennial reports must be submitted to the executive director in letter format rather than by EPA form.

Source Note: The provisions of this §335.15 adopted to be effective May 28, 1986, 11 TexReg 2335; amended to be effective July 14, 1987, 12 TexReg 2106; amended to be effective July 27, 1988, 13 TexReg 3515; amended to be effective February 4, 1994, 19 TexReg 509; amended to be effective November 20, 1996, 21 TexReg 10983; amended to be effective December 15, 1997, 22 TexReg 12060; amended to be effective May 20, 1999, 24 TexReg 3726; amended to be effective August 31, 2006, 31 TexReg6755