SECTION 312.142. Transporter Registration  


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  • (a) Persons who plan to transport biosolids/sewage sludge, water treatment residuals, domestic septage, chemical toilet waste, grit trap waste, or grease trap waste regulated under this subchapter shall apply for registration with the commission on forms furnished by the executive director and receive a registration from the executive director prior to commencing operations.

    (b) Failure to submit a complete and accurate application or other information requested by the executive director will result in the return of the application to the applicant. Applications for transportation registrations shall include:

    (1) a complete, signed application form(s) and appropriate copies provided;

    (2) the verified legal status of the applicant(s);

    (3) the signature of the applicant(s), checked against agency requirements, in accordance with §305.44 of this title (relating to Signatories to Applications);

    (4) the attachment of technical reports and supporting data required by the application; and

    (5) any other information as the executive director or the commission may reasonably require.

    (c) Persons who apply to the commission for registration and receive a registration shall maintain a current copy of the registration authorization, as annotated by the executive director with an assigned registration number, at their designated place of business and in each vehicle operated under that registration. This registration shall be produced and shown to the operator of the facility receiving the waste at the time of delivery.

    (d) The expiration date of the registration shall be August 31st of the year in which it expires. Registrations are required to be renewed biennially prior to the expiration date. Application for renewal shall be submitted by June 15th of the year in which the registration expires. Any registrant shall notify the executive director in writing within 15 days of cessation of operation and request that the registration be cancelled, and request all forms and reports needed to report waste hauled during the period of registration.

    (e) A new registration application is required to be submitted within 15 days after any of the following:

    (1) change in ownership of the operating entity; or

    (2) determination by the executive director that operations or management methods are no longer adequately described by the existing registration.

    (f) Transporters shall notify the executive director, by letter, within 15 days after any of the following changes of their operation, including, but not limited to:

    (1) the office or place of business is moved or its address or telephone number changes;

    (2) the name of the operating entity is changed;

    (3) a transporter plans to handle a waste not included in the existing registration;

    (4) a change in license plate numbers of registered vehicles, a new vehicle, and/or an existing vehicle removed from the fleet;

    (5) a transporter plans to haul waste to a location not included on the existing registration; or

    (6) a transporter plans to remove a location already included on the existing registration.

    (g) The commission may revoke or void a registration for cause as provided in §312.150 of this title (relating to Penalties). An opportunity for a formal hearing on the revocation may be requested by the registrant within 20 days after a Notice of Revocation has been sent from the executive director to the last known address of the registrant. If the registration is revoked or voided, a transporter shall not continue to transport the wastes regulated under this subchapter.

    (h) An applicant owing delinquent fees or an applicant who has failed to submit required reports will not be eligible to renew their registration to transport waste until all fees and reports are submitted and accepted by the executive director.

    (i) A registrant failing to submit the annual summary report by the date due is subject to payment of the maximum fees specified in §312.9(c) of this title (relating to Fee Program).

    (j) The commission issues authorization stickers for all registered motor transport vehicles and the fee per motor transport vehicle is $10.

Source Note: The provisions of this §312.142 adopted to be effective September 28, 1994, 19 TexReg 7182; amended to be effective April 23, 2020, 45 TexReg 2542