(a) Destruction by anyone. A person may accomplish routine destruction of an item under this subchapter by burning in a suitable incinerator or by another method as long as the person performs the destruction in:
  (1) a safe and responsible manner;
  (2) compliance with all relevant federal, state, and local laws; and
  (3) compliance with all requirements of the Texas Commission on Environmental Quality and the EPA.
(b) Private contract. If a laboratory, law enforcement agency, or peace officer contracts with a private entity to destroy the item, the private contractor must:
  (1) hold a controlled substances registration number from the director and DEA; and
  (2) obtain full permitting from the EPA as a hazardous waste transportation, storage, or disposal facility, as appropriate.
(c) Destruction by officer. The director recommends but does not require that an individual peace officer should not destroy hazardous material, unless that officer possesses the special expertise required to handle the material safely and lawfully.

Source Note: The provisions of this §13.158 adopted to be effective July 18, 2001, 26 TexReg 5266; amended to be effective October 28, 2007, 32 TexReg 7492