SECTION 330.169. Waste in Enclosed Containers or Enclosed Vehicles Accepted at Type IV Landfills

Acceptance of waste in enclosed containers or enclosed vehicles at Type IV landfills must be in accordance with the following requirements.

(1) Waste in enclosed containers or enclosed vehicles must not be accepted at a Type IV landfill unless all of the following conditions have been met.

(A) The landfill to receive the waste must be participating in the funding program to monitor these activities as detailed in paragraph (2) of this section.

(B) Each enclosed container or enclosed vehicle must have all required approvals and/or permits from the executive director in accordance with §330.7 of this title (relating to Permit Required).

(C) Enclosed containers or enclosed vehicles must only be accepted at their designated time and on the specified day in accordance with this section, commission permits, or other orders of the commission.

(D) A commission inspector shall be on site and shall witness the unloading process to ensure that no putrescible waste or household waste is present. Any waste considered non-allowable by the inspector must be removed from the working face and subsequently from the facility in accordance with §330.133 of this title (relating to Unloading of Waste).

(E) Each transporter delivering waste in enclosed containers or enclosed vehicles must, prior to discharging the load, provide to the landfill operator a transporter trip ticket for the route being delivered. Trip tickets must be maintained as part of the operating record.

(F) The commission may revoke a transporter's authorization to deliver waste to a Type IV landfill for failure to comply with this chapter.

(2) The executive director shall determine the approximate annual costs of implementing and maintaining the surveillance and enforcement of all the activities associated with the acceptance of enclosed containers or enclosed vehicles at Type IV landfills.

(A) Notification of these costs will be provided to each affected holder of a Type IV landfill permit with notice of public hearing to apportion these costs.

(B) The public hearing will be held at a location to be determined by the commission with at least a 20-day advance notice. Notice will be provided to Type IV landfill operators by regular and certified mail.

(C) The public hearing will be for the purpose of establishing the total compensation and expenditures required to administer this program and the apportionment of those costs to the Type IV landfill operators to be reimbursed to the commission.

(D) Unless authorized by the executive director, the apportioned monthly payments will be due by the tenth day of each month.

(E) The apportioned costs to each Type IV landfill may be altered periodically to add or subtract landfills from the program. A 30-day notice will be provided to each participating Type IV landfill and/or proposed additional landfill and a hearing will be held, upon request, by one of the affected parties or on the commission's own motion.

(3) A Type IV landfill operator who is delinquent in making the monthly payment shall immediately halt acceptance of waste in enclosed containers or enclosed vehicles and may also be subject to other penalties allowable under state law.

(4) Stationary compactors permitted in accordance with §330.7 of this title (relating to Permit Required) and municipalities having transporter routes permitted in accordance with §330.7 of this title are exempt from the requirements of paragraphs (1) - (3) of this section. However, the landfill operator shall obtain from the transporter a hauler trip ticket for a municipal transporter route or stationary compactors, as appropriate, prior to allowing discharge of the material at the landfill. These trip tickets must be maintained as a part of the operating record.

Source Note: The provisions of this §330.169 adopted to be effective March 27, 2006, 31 TexReg 2502