(a) Medical waste processing facilities with the exception of transfer stations are required to comply with the following for report submittal. (1) Report frequency. Quarterly, each owner or operator of a medical waste processing facility, with the exception of facilities authorized as transfer station only shall report to the executive director the information requested on the report form for the appropriate reporting period. Annually, the owner or operator shall submit a summary of the information to show the yearly totals and year-end status of the facility or process, as requested on the report form, for the appropriate reporting period. The owner or operator shall file a separate report for each facility that has a unique authorization number.(2) Report form. The report shall be on a form furnished by the executive director or reproduced from a form furnished by the executive director or by an electronic or hard copy form provided by the executive director. The owner or operator must assure that the data entered on the form are applicable for the particular facility and period for which the data are reported.(3) Report information. In addition to a statement of the amount of waste received for processing, the report shall contain other information requested on the form, including the facility owner's or operator's name, address, and phone number; the authorization number; the facility type, size, and capacity; and other information the executive director may request.(4) Reporting units. The amount of waste received for processing shall be reported in tons (2,000 pounds) or in cubic yards as received (compacted or uncompacted) at the gate.(5) General weight/volume conversion factors for various types of waste shall be as follows: (A) one ton = 2,000 pounds; and(B) one drum = 55 gallons.(6) Report due date. The required quarterly solid waste summary report shall be submitted to the executive director not later than 20 days following the end of the fiscal quarter for which the report is applicable. The fiscal year begins on September 1st, and concludes on August 31st.(7) Method of submission. The required report shall be submitted electronically, hand delivered or mailed to the agency to the return address designated by the executive director in the billing statement distributed quarterly.(8) Penalties. Failure of the facility owner or operator to submit the required report by the due date shall be sufficient cause for the commission to revoke the facility authorization and authorization to process waste. The commission may assess interest penalties for late payment of fees and may also assess penalties (fines) in accordance with Texas Water Code, § 7.051 or take any other action authorized by law to secure compliance.(b) Medical waste processing facilities. Each owner or operator of a medical waste processing facility is required to comply with the following: (1) Report frequency. Annually, each owner or operator shall report to the executive director the information requested on the report form for the appropriate reporting period. An owner or operator shall file a separate report for each facility that has a unique authorization number. The operator shall ensure that the annual summary report quantities concur with the quantities from the quarterly reports for the appropriate reporting period.(2) Report form. The form of the report shall be in accordance with subsection (a)(2) of this section.(3) Report information. The information in the report shall be in accordance with subsection (a)(3) of this section.(4) Reporting units. The units used in reporting shall be in accordance with subsection (a)(4) of this section.(5) Report due date. The required annual report shall be submitted when requested by the executive director for the fiscal year which the report is applicable.(6) Method of submission. The required report shall be submitted electronically, hand delivered, or mailed to the agency to the return address designated by the executive director in the billing statement distributed quarterly.(7) Penalties. Failure of the owner or operator to submit the required report by the due date shall be sufficient cause for the commission to revoke the permit or registration and authorization to process waste. The commission may assess interest penalties for late payment of fees and may also assess penalties (fines) in accordance with Texas Water Code, § 7.051 or take any other action authorized by law to secure compliance.(c) Owners or operators of medical waste on-site mobile treatment units shall submit to the executive director an annual summary report of their activities for the calendar year from January 1st through December 31st of each year. The report shall be submitted no later than March 1st of the year following the end of the report period and shall contain all the information required in § 326.55(b)(8) of this title (relating to Mobile Treatment Unit). (1) A registrant failing to submit the annual summary report by the date due is subject to payment of the maximum fees specified in § 326.87(b) of this title (relating to Fees).(2) An owner or operator owing delinquent fees or failing to submit required reports will not be eligible to renew a registration to provide treatment of untreated medical waste until all fees and reports are submitted and accepted by the executive director.(d) Transporters shall submit to the executive director an annual summary report of their activities for the preceding calendar year from January 1st through December 31st of each year. The report shall be submitted no later than March 1st of the following year. The report shall indicate the amount of waste shipped out of state, the amount of waste shipped into the state, and the amount of waste generated and unloaded in the state. (1) The report shall include: (A) the name(s) and address(es) of the facilities where the waste was deposited/unloaded;(B) the authorization number of the facilities; and(C) the amount of waste deposited/unloaded at each facility.(2) A transporter failing to submit the annual summary report by the due date is subject to payment of the maximum fees specified in § 326.87(b) of this title.(3) A transporter owing delinquent fees or an applicant who has failed to submit required reports will not be eligible to renew their registration to transport untreated medical waste until all fees and reports are submitted and accepted by the executive director.30 Tex. Admin. Code § 326.89
Adopted by Texas Register, Volume 41, Number 21, May 20, 2016, TexReg 3735, eff. 5/26/2016