(a) Point of generation pick-up service. An operator offering point of generation pick-up service for household hazardous waste that has been segregated from other household waste shall:
  (1) develop and implement a collection program that minimizes the potential for human and animal exposure to such waste (unless the pick-up procedures involve personal contact with the generator, the operator shall provide instructions to households on details of packaging, labeling, securing, and any other procedures to safeguard humans and animals and to protect the environment from the wastes left out for pick-up);
  (2) provide information to potential participants prior to collections. The information provided must include all relevant issues on the following topics, as well as any other appropriate information that may be useful to the public:
    (A) the information required in paragraph (1) of this subsection;
    (B) eligibility criteria for who can participate in the program;
    (C) the types and quantities of wastes that will be and will not be accepted; and
    (D) the method households are to use for arranging pickup of their wastes;
  (3) organize and operate the collections so as to safeguard the public health and welfare, physical property, and the environment;
  (4) have available in each vehicle used for the point of generation pick-up service the following equipment:
    (A) a first aid kit;
    (B) a fire extinguisher appropriate to the wastes accepted;
    (C) a means of communication to summon emergency assistance and the information needed for its use; and
    (D) sufficient absorbent to contain a spill of ten percent of the maximum quantity of liquid wastes that the vehicle is designed to hold;
  (5) have a person in each collection vehicle who has experience and training in handling hazardous waste, the proper use of fire extinguishers, first aid, waste classification, waste incompatibility, spill prevention, and clean-up safety;
  (6) if unknown wastes will be accepted, ensure that the wastes are properly identified and meet one of the following requirements:
    (A) have available on the collection vehicle all necessary testing equipment and a person qualified to identify the wastes prior to placing the wastes on the collection vehicle; or
    (B) have a method in place on the collection vehicle of isolating separately in a secure manner each container of unknown waste until delivery to a collection event or permanent collection center where the waste(s) will be characterized prior to aggregating with other wastes, if this method is consistent with the United States Department of Transportation (DOT) requirements for hazardous material in transportation.
(b) Mobile collection unit. In addition to the requirements of §335.409 of this title (relating to Operation of Collection Events and Permanent Collection Centers), an operator using one or more mobile collection units to collect household hazardous waste shall:
  (1) develop and implement a collection program that minimizes the potential for human exposure to or environmental harm from such waste during collection, storage, and transport;
  (2) have at least one person at each collection who has experience and training in handling hazardous waste, the proper use of fire extinguishers, first aid, waste classification, waste incompatibility, spill prevention, and clean-up safety;
  (3) maintain on a mobile collection unit involved with a collection the following equipment:
    (A) a first aid kit;
    (B) a fire extinguisher appropriate to the wastes accepted;
    (C) a eye wash and emergency shower or a hosing device;
    (D) a means of communication to summon emergency assistance; and
    (E) sufficient absorbent and containment to contain a spill of ten percent of all liquid wastes on the largest mobile collection unit at the collection;
  (4) if unknown wastes will be accepted, ensure that the wastes are properly identified and meet one of the following requirements:
    (A) have available on the mobile collection unit all necessary testing equipment and a person qualified to identify the wastes prior to placing the wastes on the unit; or
    (B) have a method in place on the mobile collection unit of isolating separately in a secure manner each container of unknown waste until delivery to a collection event or permanent collection center where the waste(s) will be characterized prior to aggregating with other wastes, if this method is consistent with the DOT requirements for hazardous material in transportation; and
  (5) if the mobile collection unit is used to transport household hazardous waste to a hazardous waste processing, storage, or disposal facility, register the mobile collection unit as a transporter and manifest the aggregated household hazardous waste, or ship the household hazardous waste as universal waste if allowed under Subchapter H, Division 5 of this chapter (relating to Universal Waste Rule);
(c) Point of generation pick-up service or mobile collection unit. The operator of a point of generation pick-up service or mobile collection unit shall also:
  (1) comply with the personnel requirements in §335.409(b) of this title;
  (2) comply with the waste acceptance and exclusion requirements in §335.409(d) of this title;
  (3) comply with the temporary storage requirements in §335.409(e) of this title; and
  (4) within 72 hours of receipt from the public, deliver collected household hazardous waste to a permanent collection center, collection event, or registered hazardous waste transporter facility to be aggregated with other household hazardous waste, or have the household hazardous waste transported by a transporter that meets the requirements in §335.415 of this title (relating to General Requirements for Transporters) to a hazardous waste processing, storage, or disposal facility that is authorized to accept household hazardous waste that has agreed to accept the wastes or as universal waste if allowed under Subchapter H, Division 5 of this chapter.

Source Note: The provisions of this §335.411 adopted to be effective July 31, 2008, 33 TexReg 5947