(a) Generators may transport their own untreated waste or shall release medical waste only to transporters who are registered with the executive director to transport untreated medical waste, as required in §326.53 of this title (relating to Transporters) and in compliance with 49 Code of Federal Regulations §173.6(a)(4).

(b) Except for medical waste shipped via First Class or Priority Mail using the United States Postal Service, the generator shall obtain from the transporter a signed manifest for each shipment of medical waste.

(c) The generator shall maintain manifests regarding all shipments of untreated medical waste for a period of three years following the date of each shipment. This time period may be extended by the executive director for investigative purposes or in case of enforcement action.

(d) Generators and transporters shall maintain accurate and complete electronic or hard copy manifests for shipments of untreated medical waste and make them available for inspection by the executive director. Such manifest records shall be legible, complete and accurate originals or reproduced copies of the same, provided that any copy is authenticated by authorized personnel. The manifests may be available in electronic media with the capability for producing legible, accurate, and complete records for inspections. All documents must be available for viewing and/or copying at time of an inspection. The generator and transporter shall maintain adequate safeguards against tampering with and loss of records.

(e) Treated medical waste shipments including sharps or residuals of sharps originating from health care-related facilities shall be accompanied by a written statement to the solid waste landfill that the shipment has been treated by an approved method in accordance with 25 TAC §1.136 (relating to Approved Methods of Treatment and Disposition).

(f) Shipments of untreated medical waste shall be stored, processed or deposited only at a facility that has been authorized by the commission to accept untreated medical waste. Untreated medical waste that is transported out of the state must be deposited at a facility that is authorized by the appropriate agency having jurisdiction over such waste.

(g) Persons that transport untreated medical waste from Texas to other states or countries or from other states or countries to Texas, or persons that collect or transport waste in Texas but have their principal place of business in another state, shall comply with all applicable requirements of this chapter for such transportation activities. If such persons engage in any activity of managing medical waste in Texas by storage, processing, or disposal, they shall follow the applicable requirements for facility operators of such activities.

Source Note: The provisions of this §326.23 adopted to be effective May 26, 2016, 41 TexReg 3697