SECTION 312.145. Transporters--Recordkeeping

(a) Trip tickets. Persons who collect and transport waste subject to control under this subchapter shall maintain a record of each individual collection and deposit. Such records must be in the form of a trip ticket. Similar documentation may be used with written approval by the executive director. The trip ticket must include:

(1) name, address, telephone number, and commission registration number of transporter;

(2) name, signature (or electronic signature), address, and telephone number of the person who generated the waste and the date collected;

(3) type and amount(s) of waste collected or transported;

(4) name and signature(s) of responsible person(s) collecting, transporting, and depositing the waste;

(5) date and place where the waste was deposited;

(6) identification (permit or site registration number, location, and operator) of the facility where the waste was deposited;

(7) name and signature (or electronic signature) of facility on-site representative acknowledging receipt of the waste and the amount of waste received; and

(8) the volume of the grease and grit trap or the septic tank.

(b) Maintenance of records and reporting.

(1) Trip tickets. Trip tickets must be divided into five parts and records of trip tickets must be maintained as follows.

(A) One part of the trip ticket must have the generator and transporter information completed and be given to the generator at the time of waste pickup.

(B) The remaining four parts of the trip ticket must have all required information completely filled out and signed by the appropriate party before distribution of the trip ticket.

(C) One part of the trip ticket must go to the receiving facility.

(D) One part of the trip ticket must go to the transporter, who shall retain a copy of all trip tickets showing the collection and disposition of waste.

(E) One copy of the trip ticket must be returned by the transporter to the person who generated the waste within 15 days after the waste is received at the disposal or processing facility.

(F) One part of the trip ticket must go to the local authority, if needed.

(2) Record retention. Copies of trip tickets must be retained for five years and be readily available for review by commission staff or be submitted to the executive director upon request.

(3) Rail or barge transport. Persons who transport waste via rail or barge may use an alternate recordkeeping system, if approved by the executive director.

(4) Reporting. By July 1st, transporters must submit to the executive director an annual summary of their activities for the previous period of June 1st through May 31st, showing the amounts and types of waste collected and delivered to each facility.

(c) Discrepancies. A facility that receives waste must note any significant discrepancies on each copy of the trip ticket.

(1) Trip ticket discrepancies are differences between the quantity or type of waste designated on the trip ticket, and the quantity or type of waste a facility actually received. Significant discrepancies in type are obvious differences that can be discovered by inspection or waste analysis. Significant discrepancies in quantity are:

(A) for bulk weight, variations greater than 10% in weight; and

(B) for liquid waste, any variation greater than 15% in gallons.

(2) Upon discovering a significant discrepancy, the transporter must attempt to reconcile the discrepancy with the waste generator or owner or operator of the receiving facility (e.g., with telephone conversations). If the discrepancy is not resolved within 15 days after delivering the waste, the transporter must immediately submit to the executive director a letter describing the discrepancy and attempts to reconcile it, and a copy of the trip ticket.

(d) Notification. A facility that receives waste from a transporter that cannot produce a registration acknowledgment under §312.142(c) of this title (relating to Transporter Registration) must notify the appropriate regional office of the commission within three days of the waste receipt of the transporter's failure to produce a current registration authorization.

(e) Local ordinances. Where local ordinances require controls and records substantially equivalent to or more stringent than the requirements of subsection (a) of this section, transporters may use such controls and records to satisfy the commission's requirement under this section.

Source Note: The provisions of this §312.145 adopted to be effective September 28, 1994, 19 TexReg 7182; amended to be effective October 20, 2005, 30 TexReg 6743; amended to be effective April 23, 2020, 45 TexReg 2542