Section 335.405 - Operational Plans(a) A person conducting activities under this subchapter shall develop a complete operational plan prior to the collection of household materials and shall revise the plan as needed for ongoing and future operations. The operational plan must accurately depict the specific plan for how all wastes and materials will be handled during and after collection efforts. The operational plan: (1) must identify the nature, type, and quantity of household hazardous waste and other materials proposed for collection and reuse, recycling, processing or disposal;(2) must describe the source(s), amounts and types of wastes that would be accepted at a collection event, permanent collection center, point of generation pick-up service, mobile collection unit, or any combination of these, and if the collectors involved in the programs are not under a single operator, must describe the source(s), amounts, and types of wastes that will be transferred by a point of generation pick-up service or mobile collection unit to a collection event or permanent collection center or that will be transferred to a different permanent collection center for consolidation with other household hazardous waste;(3) must establish the minimum number of operator staff, contractors, volunteers, and other individuals needed to conduct collection operations at each collection event, permanent collection center, mobile collection unit, and point of generation pick-up service covered by the operational plan; the specific functions of each type of staff; and how the training requirements that apply to their functions have been or will be met;(4) must describe the planned disposition of all waste collected, including the name and United States Environmental Protection Agency (EPA) identification number of the transporter (or transporters) that will haul the aggregated household hazardous waste, and the name, address, and EPA identification number of the hazardous waste processing, storage, or disposal facility (or facilities) to be used for the processing, storage, disposal, recycling for energy recovery, or recycling of the aggregated household hazardous waste. If materials received in usable condition will be offered to persons for reuse, the operational plan must describe in detail the manner in which this will be done. The operator, in developing the plan for the disposition of waste to be received, shall determine the feasibility of managing collected household hazardous waste in the following order of preference:(A) reuse for the product's intended purpose;(C) recycling for energy recovery;(D) treatment to destroy hazardous characteristics;(E) treatment to reduce hazardous characteristics;(F) underground injection; and(5) must include a detailed description of procedures to ensure that hazardous waste or Class 1 wastes, as defined in this chapter, are not accepted as household hazardous waste, including but not limited to screening procedures for persons bringing wastes to collections or participating in point of generation pick-up services, survey questions that will be asked of participants, and the amounts or types of wastes that will require further explanation from generators prior to acceptance;(6) must include methods used to classify and control wastes received, including but not limited to the following: (A) the waste streams that will be accepted and the types that will be rejected;(B) the types of shipping containers and the storage areas to be used for each waste stream that will be accepted;(C) the methods used to categorize wastes prior to packaging for shipment and processing or disposal;(D) the methods used to handle and identify unknown wastes;(E) bulking procedures if used;(F) procedures for handling containers that are unsealed, leaking, or contaminated on their external surface when received; and(G) procedures for any other wastes with special handling and processing or disposal needs, if any would be accepted, including but not limited to the following: (i) radioactive materials;(ii) medical wastes (such as used syringes);(iv) polychlorinated biphenyls (PCBs);(vi) compressed gas cylinders; and(vii) tanks for compressed fuels;(7) must include a detailed discussion of provisions for inclement weather, including severe weather, rain, wind, and extreme temperatures;(8) must include a detailed discussion of recordkeeping for the wastes received and shipped for processing or disposal; and(9) must include the following attachments: (A) Attachment 1 is a site map constructed to show the features of the collection event site, the permanent collection center, or the site used with a mobile collection unit. The map need not be drawn to scale but must fairly represent the improvements and boundaries of the collection area. The map must be annotated to show flow of traffic, unloading points, location of emergency equipment and vehicles, and waste handling and storage areas.(B) Attachment 2 is evidence of competency to operate, including experience and qualifications of key personnel and copies of records for all required training in this subchapter for all operator, contractor, or other staff or individuals who will work at any collection event, at any permanent collection center, on any mobile collection unit, in the point of generation pick-up service, or any combination of these covered by the plan.(C) Attachment 3 is a Health and Safety Plan, including but not limited to the following information:(i) the location and contents of the first aid kits available on site, in each mobile collection unit, and on each point of generation pick-up service vehicle;(ii) the location and type of telephones or radios available at the site, on each mobile collection unit, and on each point of generation pick-up service vehicle for summoning emergency assistance and any specific instructions related to usage of this equipment;(iii) detailed procedures for avoiding and responding to spills of liquid materials and solid materials, including at least the following:(I) identifying who will respond to different sizes and types of spills (including on-site staff, emergency responders, contractors, etc.);(II) detailed methods to be used for spill avoidance, control, and cleanup;(III) decontamination procedures for people and equipment;(IV) processing or disposal of contaminated materials and other wastes;(V) types of engineering controls and personal protective equipment available on site and procedures for proper selection and use during spill responses;(VI) the types and locations of equipment and materials available on site;(VII) the duties of specific personnel or job functions;(VIII) evacuation procedures (including at least the collection site and if appropriate the surrounding area); and(IX) procedures for reporting of spills to local, state, and federal authorities;(iv) preparation and response procedures for fires, including at least the following:(I) the location and types of fire extinguishers and other types of fire suppression and prevention equipment available at the site, on each mobile collection unit, and on each point of generation pick-up collection vehicle;(II) when on-site fire extinguishers and equipment would be used and when the fire department would be summoned;(III) evacuation procedures (including the site at least and the surrounding areas if appropriate);(IV) the identity and storage location of any materials to be collected that may require special methods for fire fighting (such as flammable liquids, flammable metals, explosives, compressed gases, aerosol cans, water reactive materials, etc.); and(V) the availability of a local fire department and whether they can handle the largest fire possible from the planned collection either with available resources or through mutual aid arrangements;(v) the timing and content of training or briefings on safety to be provided to staff and volunteers prior to their involvement in the waste collection.(b) The operational plan must be available at a collection event or permanent collection center and at the offices of the entity operating the collection program. The operator shall use the operational plan as a reference in training staff, planning, and conducting collections of household hazardous waste and other materials. The operator shall maintain the operational plan for as long as collection operations are planned and for at least one year after: a collection event occurs, a permanent collection center has closed, or other types activities conducted under this subchapter cease.(c) The operator shall provide the operational plan to the executive director upon request.30 Tex. Admin. Code § 335.405
The provisions of this §335.405 adopted to be effective July 31, 2008, 33 TexReg 5947