SECTION 312.147. Temporary Storage

(a) Transporters who store waste in a mobile closed container (container on wheels) shall not store the waste for more than four days.

(b) Transporters who temporarily store waste at a fixed or permanent site shall obtain approval in writing from the executive director prior to engaging in such activities. The storage site shall comply with the following standards.

(1) The temporary storage of waste shall not exceed 30 days.

(2) The use of lagoons and/or in-ground storage tanks are not authorized under the provision of this section.

(3) If the waste is not stored in a closed vessel, the location of the storage site shall meet the buffer zone requirement in §312.44(d) of this title (relating to Management Practices).

(4) The storage of waste shall not cause or contribute to the harm of a threatened or endangered species of plant, fish, or wildlife or result in the destruction or adverse modification of the critical habitat of a threatened or endangered species.

(5) The waste shall be stored by a method and under conditions that prevent runoff and protect the quality of the surface water and groundwater.

(6) The storage site shall not be located on land within a designated base flood zone (100-year floodplain).

(7) A storage site location shall be selected, and the site operated in a manner to prevent public health nuisances. Where nuisance conditions exist, the operator shall take necessary action to abate such nuisances.

(c) Recordkeeping. Transporters who store waste shall develop the following information and shall retain the information for five years:

(1) the date, volume, and type of waste deposited into temporary storage facility;

(2) the date, volume, and type of waste removed from temporary storage facility; and

(3) the identification (permit or site registration number, location, and operator) of the facility where the waste removed from the temporary storage facility was deposited.

Source Note: The provisions of this §312.147 adopted to be effective September 28, 1994, 19 TexReg 7182; amended to be effective April 23, 2020, 45 TexReg 2542