This section applies to owners and operators of facilities that receive hazardous waste or Class 1 waste from off-site sources and owners and operators of facilities that have notified the executive director of the intent to receive hazardous waste or Class 1 waste from off-site sources.
  (1) Manifest requirements. The owner or operator of the treatment, storage, or disposal facility designated on the manifest shall comply with the manifesting and recordkeeping requirements of 40 Code of Federal Regulations (CFR) Part 264, Subpart E as adopted under §335.152 of this title (relating to Standards) or 40 CFR Part 265, Subpart E as adopted under §335.112 of this title (relating to Standards), the manifest copy submission requirements for certain interstate waste shipments in 40 CFR §260.4 as adopted under §335.12 of this title (relating to Shipping Requirements Applicable to Owners or Operators of Treatment, Storage, or Disposal Facilities), the electronic manifest system and user fees for facilities that receive state-only regulated waste shipments requirements in 40 CFR §260.5 as adopted under §335.12 of this title, and 40 CFR Part 262, Subpart B as adopted under §335.54 of this title (relating to Hazardous Waste Manifest).
  (2) Monthly Waste Receipt Summary. 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 in accordance with this paragraph. The owner or operator shall:
    (A) submit a Monthly Waste Receipt Summary on or before the 25th of every month;
    (B) include all manifested and unmanifested hazardous and Class 1 waste shipments received during the previous month, if any;
    (C) use the electronic interface provided by the executive director unless the executive director has approved an alternative reporting method; and
    (D) identify the methods of treatment, storage, and disposal of waste and units of measure using abbreviations and codes provided by the executive director.
  (3) Unmanifested waste report. An owner or operator shall comply with the unmanifested waste reporting requirements of this paragraph.
    (A) An owner or operator that accepts hazardous waste from an off-site source that is not excluded from the manifest requirements of this chapter and is not accompanied by a manifest shall complete and submit an unmanifested waste report within 15 days after receiving the waste to the executive director that includes:
      (i) the United States Environmental Protection Agency (EPA) identification (ID) number, solid waste registration (SWR) number, name, and address of the facility;
      (ii) the date the facility received the waste;
      (iii) the EPA ID number, SWR number, name, and address of the generator and the transporter, if available;
      (iv) a description and the quantity of each unmanifested hazardous waste the facility received which was not accompanied by a manifest;
      (v) the method of treatment, storage, or disposal for each hazardous waste;
      (vi) the certification signed by the owner or operator of the facility or his authorized representative; and
      (vii) a brief explanation of why the waste was unmanifested, if known.
    (B) An owner or operator that accepts Class 1 waste, that is not excluded from the manifest requirements of this chapter, from an off-site source without an accompanying manifest shall complete and submit an unmanifested waste report to the executive director within 15 days after receiving the waste that contains:
      (i) the EPA ID number, SWR number, name, and address of the receiving facility;
      (ii) the date the facility received the waste;
      (iii) the EPA identification number, SWR number, name, and address of the generator and the transporter, if available;
      (iv) a description and the quantity of each unmanifested Class 1 waste the facility received which was not accompanied by a manifest;
      (v) the method of treatment, storage, or disposal for each Class 1 hazardous waste;
      (vi) the certification signed by the owner or operator of the facility or his authorized representative; and
      (vii) a brief explanation of why the waste was unmanifested, if known.
  (4) Records retention. 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) Extended records retention. 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) Monthly Waste Receipt Summary for reclamation of hazardous waste generated by very small quantity generators. An owner or operator reclaiming hazardous wastes received from a very small quantity generator shall complete and submit a Monthly Waste Receipt Summary unless the executive director has approved an exception from reporting.
  (7) Biennial report information provided in a Monthly Waste Receipt Summary. Information which has already been submitted by permitted or interim status facilities under the requirements of this section and of Subchapter A of this chapter need not be included in the reports required by 40 CFR §264.75 or §265.75 (relating to Biennial Reports), as adopted under §335.112 and §335.152 of this title; these biennial reports must be submitted to the executive director using a method approved by the executive director rather than by EPA form.
  (8) Class 1 industrial waste received from off-site reported in Annual Waste Summary. The owner or operator of a facility that stores, processes or disposes Class 1 industrial waste received from off-site in accordance with an exception from permit required under §335.2(d)(1) or (2) of this title (relating to Permit Required), must report Class 1 industrial waste received from off-site on 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).

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; amended to be effective February 3, 2022, 47 TexReg 318