(a) Documentation on each waste stream is required to be maintained by the generator in accordance with the requirements of this subchapter, §335.9 of this title (relating to Recordkeeping and Annual Reporting Procedures Applicable to Generators), and 40 Code of Federal Regulations §262.11(f) as adopted under §335.53 of this title (relating to General Standards Applicable to Generators of Hazardous Waste).
(b) The following documentation shall be submitted by the generator to the executive director prior to waste shipment or disposal and not later than 90 days of initial waste generation:
  (1) description of waste;
  (2) date of initial waste generation;
  (3) description of process that generated the waste;
  (4) hazardous waste determination;
  (5) all analytical data and/or process knowledge allowed under §335.511 of this title (relating to Use of Process Knowledge) used to characterize Class 3 wastes, including quality control data; and
  (6) waste classification determination.
(c) The following documentation shall be maintained by the generator on site immediately upon waste generation and for a minimum of three years after the waste is no longer generated or stored or until site closure:
  (1) all information required under subsection (b) of this section;
  (2) all analytical data and/or process knowledge allowed under §335.511 of this title used to characterize hazardous, Class 1, Class 2, and Class 3 wastes, including quality control data.
(d) The executive director may request that a generator submit all documentation listed in subsections (b) and (c) of this section for auditing the classification assigned. Documentation requested under this section shall be submitted within ten working days of receipt of the request.
(e) Any changes to the information required in sections (b) and (c) of this subsection shall be maintained or submitted according to the timing requirements of this section.
(f) A generator may request information provided to the agency remain confidential in accordance with the Texas Open Records Act, the Texas Government Code, Chapter 552.

Source Note: The provisions of this §335.513 adopted to be effective November 27, 1992, 17 TexReg 8010; amended to be effective February 24, 1994, 19 TexReg 1042; amended to be effective November 15, 2001, 26 TexReg 9135; amended to be effective February 3, 2022, 47 TexReg 318