(a) Authority concerning special wastes from health care related facilities. Texas Natural Resource Conservation Commission and the Texas Department of Health, hereinafter "agencies," agree that pursuant to Texas Water Code, §5.012; Texas Health and Safety Code, Chapter 361; and Texas Health and Safety Code, §12.001, §12.032, §§81.081-81.092, §142.012, §241.026, §243.009, §244.009, §245.009, §245.010, §694.001, and §773.050, both agencies possess authority regarding special waste from health care related facilities. The agencies also agree that special expertise resides in each agency related to its area of authority and responsibility. The Texas Natural Resource Conservation Commission possesses authority over the treatment, handling, storage, processing and/or disposal of these wastes, including enforcement authority. The Texas Department of Health possesses authority over the approval of methods for the treatment of special waste from health care related facilities, identifying entities that are subject to its approval provisions and the orderly application of its approval provisions to the covered entities.
(b) Understanding concerning special waste from health care related facilities.
  (1) The Texas Natural Resource Conservation Commission will:
    (A) keep the Texas Department of Health informed of any need to amend the Texas Natural Resource Conservation Commission rules related to special waste from health care related facilities, and, if needed, will work closely with the Texas Department of Health to revise its rules;
    (B) inform the Texas Department of Health of all treatment technologies, equipment or processes that fail to meet the Department of Health's Performance Standards;
    (C) notify the Texas Department of Health concerning formal enforcement actions that involve treatment technologies, equipment or processes;
    (D) allow the Texas Department of Health's approved methods for the treatment of special waste from health care related facilities to be used to process said waste in Municipal Solid Waste Type V facilities;
    (E) allow special wastes from health care related facilities that have been treated by a Texas Department of Health approved process to be disposed of at Municipal Solid Waste Type I facilities; and
    (F) apply the Texas Department of Health's standards for special waste from health care- related facilities.
  (2) The Texas Department of Health will:
    (A) keep the Texas Natural Resource Conservation Commission informed of any need to amend the Texas Department of Health Rules for Special Waste from Health Care Related Facilities, and, if needed, will work closely with the Texas Natural Resource Conservation Commission to revise its rules;
    (B) provide the Texas Natural Resource Conservation Commission with a listing of the approved alternative treatment technologies by manufacturer, model identification, and other specifics as needed;
    (C) upon request, provide the Texas Natural Resource Conservation Commission with documentation provided by the manufacturers of commercially-available technologies, equipment, or processes approved for the treatment of special waste from health care- related facilities; and
    (D) provide the Texas Natural Resource Conservation Commission with a listing of the waste categories that may be treated with each approved alternative technology.
(c) Disclaimer. This Memorandum of Understanding is being entered into by the Texas Natural Resource Conservation Commission and the Texas Department of Health, and is not intended to affect the jurisdiction of any other governmental entities.

Source Note: The provisions of this §7.123 adopted to be effective September 5, 1999, 24 TexReg 6756