(a) A registration by rule is granted for an owner or operator of mobile treatment units conducting on-site treatment of medical waste but is not the generator of the waste. The mobile on-site treatment unit owner or operator completes registration by rule forms provided by the commission and submits the following information at least 60 days prior to commencing operations:
  (1) Applicant information. Name, address, and telephone number of registrant.
  (2) Partner, corporate officer and director information. Name, address, and telephone number of partners, corporate officers, and directors, if applicable.
  (3) Fee information. The owner or operator of a mobile treatment unit shall pay an annual registration fee to the commission based upon the total weight of medical waste treated on-site under each registration by rule. Fees to be assessed of owners or operators of an on-site treatment unit are located in Subchapter G of this chapter (relating to Fees and Reporting).
  (4) Approved treatment method. Description of approved treatment method to be employed and chemical preparations, as well as the procedure to be utilized for routine performance testing/parameter monitoring.
  (5) Performance testing. A written procedure for the operation and testing of any equipment used and a written procedure for the preparation of any chemicals used in treatment. Routine performance testing using biological indicators and/or monitoring of parametric controls shall be conducted in accordance with §326.41(b)(4) of this title (relating to On-Site Treatment by Large Quantity Generators); and identification of performance test failures including date of occurrence, corrective action procedures, and retest dates.
  (6) Evidence of competency. Documentation in the form of a relevant training certificate and/or description of work experience.
  (7) Wastewater disposal. A description of the management and disposal of process waters generated during treatment events.
  (8) Contingency plan. A written contingency plan that describes the handling and disposal of waste in the event of treatment failure or equipment breakdown. If there is any question as to the adequacy of treatment of any load, that load shall be run again utilizing biological indicators to test for microbial reduction before the material is released for landfill disposal. If the waste must be removed from the facility before treatment is accomplished, a registered transporter shall remove the waste and all other applicable sections of this chapter shall be in effect.
  (9) Cost estimate and financial assurance. An estimate of the cost to remove and dispose of waste and disinfect the waste treatment equipment and evidence of financial assurance using procedures specified in §326.71(k) - (n) of this title (relating to Registration Application Contents) and Chapter 37, Subchapter R of this title (relating to Financial Assurance for Municipal Solid Waste Facilities).
  (10) Mobile on-site treatment unit information. Description of each mobile treatment unit, including:
    (A) make, model, and year;
    (B) motor vehicle identification number, if applicable;
    (C) license plate (tag) number, including state and year; and
    (D) name of mobile treatment unit owner or operator.
  (11) Instructions for mailing fees. Fees assessed in §326.87(b) of this title (relating to Fees) by the executive director shall be paid by the registrant within 30 days of the date of the invoice and shall be submitted in the form of a check or money order or copy of the confirmation of an electronic payment made payable to the agency cashier.
(b) Other requirements.
  (1) Registrations by rule expire annually on September 30th of each year. Registrations by rule shall not be renewed unless the owner or operator has submitted to the executive director:
    (A) an annual report in accordance with §326.89(d) of this title (relating to Reports);
    (B) an annual fee in accordance with §326.87(b) of this title;
    (C) evidence of financial assurance as of September 30th of the current year; and
    (D) a registration by rule renewal form to the executive director by August 1st.
  (2) When an owner or operator has made timely application for the renewal of a registration by rule, the existing registration by rule will not be renewed until the application has been determined administratively complete by the executive director.
  (3) The executive director shall, after review of any application for registration by rule, approve or deny the application. This action shall be based on whether the application meets the requirements of this chapter.
  (4) Failure to timely pay the annual fee eliminates the option to manage wastes.
  (5) The executive director will send a copy of the registration by rule issued with an assigned registration number, to the owner or operator.
  (6) Requirements for mobile treatment unit and associated cargo compartment used in the treatment of medical waste are as follows.
    (A) The mobile treatment unit used to treat medical waste shall:
      (i) have a fully enclosed, leak-proof, cargo-carrying body, such as a cargo compartment, box trailer, or roll-off box; and
      (ii) carry spill cleanup equipment including, but not limited to, disinfectants, absorbent materials, personal protective equipment, such as gloves, coveralls, and eye protection, and leak-proof containers or packaging materials.
    (B) The cargo compartment of the vehicle and any self-contained treatment unit(s) shall:
      (i) be maintained in a sanitary condition;
      (ii) be secured when the vehicle is in motion;
      (iii) be made of such impervious, non-porous materials as to allow adequate disinfection/cleaning of the compartment or unit(s); and
      (iv) have all discharge openings securely closed during operation of the vehicle.
  (7) Mobile treatment units used in the treatment of medical waste shall not be used to transport any other material until the unit has been cleaned and disinfected. A written record of the date and the process used to clean and disinfect the unit shall be maintained for three years unless the executive director requires a longer holding period. The record must identify the unit by motor vehicle identification number or license tag number. The owner of the unit, if not the operator, shall be notified in writing that the unit has been used in the treatment of medical waste and when and how the unit was disinfected.
  (8) Owners or operators of mobile on-site treatment units shall maintain records of all waste treatment, which includes the following information:
    (A) the name, address, and phone number of each generator;
    (B) the date of treatment;
    (C) the amount of waste treated;
    (D) the method/conditions of treatment; and
    (E) the name (printed) and initials of the person(s) performing the treatment.
  (9) Persons receiving a registration by rule shall maintain a copy of the registration by rule issued by the executive director with an assigned registration by rule number, at their designated place of business and in each mobile treatment unit used in treating medical waste.
  (10) Owners or operators of mobile on-site treatment unit shall furnish the generator the documentation required in paragraph (6)(A) and (B) of this subsection and a statement that the medical waste was treated in accordance with 25 TAC §1.136 (relating to Approved Methods of Treatment and Disposition) for the generator's records.
  (11) Untreated medical waste shall not be commingled or mixed with hazardous waste, asbestos, or radioactive waste regulated under 25 TAC Chapter 289 (relating to Radiation Control) either before or after treatment.
  (12) Owners or operators of mobile on-site treatment unit shall not transport untreated waste unless they are registered as a transporter of medical waste.
  (13) Owners or operators of mobile on-site treatment unit shall ensure adequate training of all operators in the use of any equipment used in treatment.
  (14) Owners or operators shall maintain the treatment equipment so as to not result in the creation of nuisance conditions.
(c) Changes to the Registration by Rule. Owners or operators of mobile on-site treatment unit shall notify the executive director, by letter, within 30 days of any changes to their registration if:
  (1) the method employed to treat medical waste changes;
  (2) the office or place of business is moved;
  (3) the name of owner or operator of the operation is changed;
  (4) the name of the partners, corporate directors, or corporate officers change; or
  (5) the unit information changes.

Source Note: The provisions of this §326.55 adopted to be effective May 26, 2016, 41 TexReg 3697