(a) A generator of hazardous or industrial solid waste shall comply with the recordkeeping and reporting requirements of this section. Nonhazardous recyclable materials regulated under §335.24(h) of this title (relating to Requirements for Recyclable Materials and Nonhazardous Recyclable Materials), are not subject to the requirements of this section.
  (1) A generator shall make and keep records of all hazardous and industrial solid waste activities regarding the quantities generated, received from off-site, stored, processed, and disposed of on-site or shipped off-site for storage, processing, recycling, or disposal. These records must, at a minimum, include the information described in subparagraphs (A) - (G) of this paragraph. These records must be maintained in a readily retrievable format. The required records must be sufficiently detailed and complete to support any contentions or claims made by the generator with respect to:
    (A) the description, character, and classification of each waste, in accordance with Subchapter R of this chapter (relating to Waste Classification) and any changes and additional information required under §335.6(c) and (d) of this title (relating to Notification Requirements);
    (B) the quantity generated;
    (C) except generators that generate less than 100 kilograms of non-acute hazardous waste, less than 1 kilogram of acute hazardous waste, and less than 100 kilograms of industrial Class 1 waste per calendar month, the quantity held in on-site storage as of December 31 of each calendar year;
    (D) the quantity processed or disposed of at each on-site facility unit during the calendar year;
    (E) the method of storage, processing, or disposal as described by codes listed on the form or instructions;
    (F) the quantity shipped off-site for storage, processing, or disposal each calendar year, including the transporter and the name, address, and location of each off-site facility receiving shipments; and
    (G) the location of each hazardous waste satellite accumulation area where hazardous wastes are temporarily accumulated in accordance with §335.53 of this title (relating to General Standards Applicable to Generators of Hazardous Waste).
  (2) The generator shall submit to the executive director a complete and correct Annual Waste Summary using the electronic interface, paper forms, or other method approved by the executive director by the deadlines provided in, and in accordance with, this paragraph.
    (A) Generators submitting their Annual Waste Summary on paper forms must do so on or before January 25 of the year following the reporting calendar year unless the executive director has approved a request for an extension.
    (B) Generators submitting their Annual Waste Summary electronically must do so on or before March 1 of the year following the reporting calendar year unless the executive director has approved a request for an extension.
    (C) The Annual Waste Summary shall include the information under paragraph (1) of this subsection and detailed information regarding:
      (i) the management of each hazardous and industrial Class 1 waste generated on-site during the reporting calendar year;
      (ii) the management of each hazardous and industrial Class 1 waste received from off-site during the reporting calendar year; and
      (iii) the management of each hazardous and industrial Class 1 waste received from off-site or generated in a year prior to the reporting year and managed on-site during the reporting calendar year.
    (D) A large quantity generator must submit the Annual Waste Summary using the electronic interface provided by the executive director unless the executive director has approved an alternative reporting method.
  (3) A generator that certifies on the Annual Waste Summary that the generator met the conditions in this paragraph during the reporting calendar year is not required to submit the information in paragraph (2) of this subsection.
    (A) The volume of hazardous waste accumulated on-site did not exceed the volumes for a very small generator classification in 40 Code of Federal Regulations (CFR) §262.14(a)(3) and (4) as adopted under §335.53 of this title.
    (B) The generator generated less than:
      (i) 1,200 kilograms of non-acute hazardous waste;
      (ii) 1,200 kilograms of industrial Class 1 waste; and
      (iii) 1 kilogram of acute hazardous waste.
  (4) A generator is not required to submit an Annual Waste Summary if, during the entire calendar year, that generator:.
    (A) meets the conditions for exemption for a very small quantity generator under §335.53 of this title;
    (B) generates less than 100 kilograms of industrial class 1 waste per month; and
    (C) meets the requirements of paragraph (3) of this subsection.
(b) A large quantity generator that ships hazardous waste off-site, treats, stores, or disposes of hazardous waste onsite, or receives hazardous waste from very small quantity generators must submit the biennial report information required by 40 CFR §262.41, adopted under §335.56 of this title (relating to Recordkeeping and Reporting Applicable to Small and Large Quantity Generators). Information submitted in accordance with Subchapter A of this chapter (relating to Industrial Solid Waste and Municipal Hazardous Waste in General), Subchapter C of this chapter (relating to Standards Applicable to Generators of Hazardous Waste), and Subchapter R of this chapter (relating to Waste Classification) is not required to be resubmitted in a biennial report required by 40 CFR §262.41.

Source Note: The provisions of this §335.9 adopted to be effective July 14, 1987, 12 TexReg 2106; amended to be effective November 27, 1992, 17 TexReg 8010; amended to be effective February 4, 1994, 19 TexReg 509; amended to be effective March 1, 1996, 21 TexReg 1425; 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 November 15, 2001, 26 TexReg 9135; amended to be effective February 3,2022, 47 TexReg 318