Emergency Sections An agency may adopt a new or amended section or repeal an existing section on an emergency basis if it determines that such action is necessary for the public health, safety, or welfare of this state. The section may become effective immediately upon filing with the Texas Register, or on a stated date less than 20 days after filing, for no more than 120 days. The emergency action is renewable once for no more than 60 days. Symbology in amended emergency sections. New language added to an existing section is indicated by the use of bold text. [Brackets] indicate deletion of existing material within a section. TITLE 31. NATURAL RESOURCES AND CONSERVATION Part IX. Texas Water Commission Chapter 305. Consolidated Permits Subchapter D. Amendments, Renewals, Transfers, Corrections, Revocation, and Suspension of Permits 31 TAC sec.305.69, sec.305.70 The Texas Water Commission (TWC) adopts on an emergency basis an amendment to sec.305.69 and new sec.305.70, concerning consolidated permits. Emergency amendment to sec.305.69 simply provides clarification that the provisions of sec.305.69 apply to industrial and hazardous waste permit modifications and that new sec.305.70 is intended to apply to municipal solid waste permit modifications. Section 305.70 allows for the administrative approval of specifically delineated municipal solid waste permit modifications. The permit modifications delineated are minor in nature and improve or maintain environmental protection standards. Additionally, many facilities would like to currently begin complying with the recently promulgated federal regulations which call for stricter operational and management standards for all municipal solid waste facilities. Such compliance would require a permit amendment under current TWC regulations. This permit modification rule will provide TWC with the ability to expeditiously implement such stricter changes. The sections are adopted on an emergency basis as TWC believes there is an imminent need for some means of expediting permit modifications which improve or maintain current environmental protection standards, without disrupting ongoing waste management activities. The sections are adopted on an emergency basis under the Texas Water Code (Vernon 1992), sec.5.103, which provides TWC with the authority to adopt any rules necessary to carry out the powers and duties under the provisions of the Texas Water Code and other laws of this state, and 31 TAC sec.275.79, which provides TWC with the authority to promulgate rules on an emergency basis if TWC finds that an imminent peril or extraordinary circumstance may threaten the public health, safety, or welfare or the integrity of the commission's regulatory programs. Additionally, these regulations are promulgated pursuant to the Texas Solid Waste Disposal Act, (the Act), Texas Health and Safety Code, (Vernon 1992) sec.361.011 and sec.361.024, which provides the TWC with the authority to regulate municipal solid waste and adopt rules as necessary to regulate the operation, management, and control of solid waste under its jurisdiction. sec.305.69. Solid Waste Permit Modification at the Request of the Permittee. (a) This section applies only to modifications to industrial and hazardous solid waste permits. Modifications to municipal solid waste permits are covered in sec.305.70 of this title (relating to Municipal Solid Waste Class I Modifications). (b)
    [(a)] Class 1 modifications of solid waste permits. (1)-(3) (No change.) (c)
      [(b)] Class 2 modifications of solid waste permits. (1)-(15) (No change.) (d)
        [(c)] Class 3 modifications of solid waste permits. (1)-(6) (No change.) (e)
          [(d)] Other modifications. (1)-(2) (No change.) (f)
            [(e)] Temporary authorizations. (1)-(6) (No change.) (g)
              [(f)] Public notice and appeals of permit modification decisions. (1)-(2) (No change.) (h)
                [(g)] Newly regulated wastes and units. (1)-(2) (No change.) (i)
                  [(h)] Appendix I. The following appendix will be used for the purposes of Subchapter D which relates to solid waste permit modification at the request of the permittee. [graphic] sec.305.70. Municipal Solid Waste Class I Modifications. (a) A permittee may put into effect a Class I modification to a Municipal Solid Waste (MSW) permit provided that the permittee has received prior written authorization for such Class I modification from the executive director. In order to receive prior written authorization, the permittee must submit a modification request to the executive director specifying the changes to be made to permit conditions or to supporting documents referenced by the permit, and explaining in detail why such changes are necessary. The permittee must submit two copies of the modification request in accordance with sec.305. 44 of this title (relating to Signatories to Applications). Failure to submit the modification request with complete information shall constitute grounds for returning the request to the permittee without further action. (b) The permittee shall send notice of the modification request by first- class mail to all persons listed in sec.305.103(b) of this title (relating to Notice by Mail) if the Class 1 permit modification identified in subsection (g) of this section is marked by a superscript 1. This notification must be made no later than 30 calendar days after the executive director acts upon the request. If the permittee fails to give notice as required, approval of the modification request is automatically revoked. (c) No later than 60 calendar days after receipt of the modification request, the executive director must: (1) approve the modification request, with or without changes, and modify the permit accordingly; (2) deny the request; (3) request additional information concerning the request from the permittee; or (4) determine that the modification request does not qualify as a Class I permit modification, and that the requested change requires a permit amendment pursuant to sec.305.62 of this title (relating to Amendment). (d) If a request for a Class I permit modification is denied by the executive director, the permittee must comply with the original permit conditions. Any change in a term, condition or provision of a MSW permit that is not authorized by the executive director as a Class I permit modification requires a permit amendment pursuant to sec.305.62 of this title. (e) If within 60 days of receipt of a modification request that is specifically identified in subsection (g) of this section, the executive director fails to approve or deny the request or to notify the permittee that the requested modification requires a permit amendment pursuant to sec.305.62 of this title, the modification request shall be automatically approved. The executive director may extend this 60-day time period if necessary to review additional information submitted pursuant to subsection (c)(3) of this section. The length of the extension shall be equivalent to the amount of time necessary to review the additional information. (f) With the written consent of the permittee, the executive director may extend indefinitely or for a specified period the time periods set out in subsections (c) and (e) of this section. (g) The following is a list of possible Class I modifications to a MSW permit: (1) a change in the sequence of landfill development; (2) a change in the size and/or shape of a trench to obtain a 3:1 side slope, as long as there is no increase in capacity; (3) replacement of existing monitor wells that have been damaged or rendered inoperable, with no change to location, design, or depth of the wells; (4) changes in the location of marker systems (i.e., grid markers); (5) improvements to a fire protection plan; (6) Changes to interior road location in order to prevent traffic through the disposal area; (7) changes in interior road design and construction materials; (8) increases in sampling frequency (e.g., for ground water, methane, etc.); (9) changes in excavation details, except for increases in depth that would change the SLQCP or increase the site life; (10) corrections to the metes and bounds description of the permit boundaries that do not increase the size of the facility; (11) upgrade of landfill liner design, installation, or quality control testing to reflect the requirements of revised regulations which provide for greater environmental protection; (12) installation of a leachate collection system; (13) installation of a methane gas monitoring system; (14) installation of a methane gas collection system; (15) changes in closure or post-closure care requirements to reflect the requirements of revised regulations which provide for increased environmental protection; (h) In case of a request for a Class I modification for a change in a term, condition, or provision of a MSW permit not explicitly listed in subsection (g)(1) of this section, the executive director shall make the determination as to whether the modification request may be processed as a Class I modification or whether the change requires a permit amendment pursuant to sec.305.62 of this title. In making this determination, the executive director shall consider the similarity of the requested change to those Class I modifications listed in subsection (g)(1) of this section, as well as the following criteria. (1) Class I modifications apply to minor changes to the facility or its operation that are routine in nature. (2) Class I modifications do not substantially alter the permit conditions or reduce the capacity of the facility to protect human health or the environment. Issued in Austin, Texas, on August 26, 1992. TRD-9211712 Mary Ruth Holder Director, Legal Division Texas Water Commission Effective date: August 26, 1992 Expiration date: December 24, 1992 For further information, please call: (512) 463-8069 Chapter 330. Municipal Solid Waste Subchapter Z. Waste Minimization and Recyclable Materials Used Oil Reimbursement Fund 31 TAC sec.sec.330.1170-330.1174 The Texas Water Commission (TWC) adopts on an emergency basis new sec.sec.330. 1170-330.1174, concerning used oil reimbursement funds. The new regulations are adopted on an emergency basis to implement a reimbursement program for the disposal of contaminated used oil collected by public used oil collection centers. Senate Bill 1340, which amended the Texas Solid Waste Disposal Act (72nd Legislature) (TSWDA), mandated TWC to regulate the collection, management, and recycling of used oil in the State of Texas. TWC is specifically charged to encourage the development of public used oil collection centers which accept used oil from the public for recycling. However, many entities may not participate as public used oil collection centers because the potential exists that the used oil which they would accept from citizens may be contaminated with hazardous wastes, hazardous substances, or PCBs and, therefore, they would be forced to pay the costs of properly disposing of such contaminated used oil. TWC believes that a fund must be created which reimburses the public used oil collection centers for such disposal costs. TWC has determined that a very small percentage of used oil will in fact become contaminated and, therefore, the use of this fund should not be extensive. The TSWDA, sec.371.002 states that "improper disposal of this used oil is both a significant environmental problem and a waste of a valuable energy resource." TWC agrees with this statement and believes that there is an imminent need to have regulations immediately in place which develop and implement a reimbursement program which encourages the recycling of oil, thereby preventing the improper disposal of used oil which could cause substantial harm to the environment and human health. The sections are adopted on an emergency basis under the Texas Water Code (Vernon 1992), sec.5.103, which provides TWC with the authority to adopt any rules necessary to carry out the powers and duties under the provisions of the Texas Water Code and other laws of this state and 31 TAC sec.275.79, which provides TWC with the authority to promulgate rules on an emergency basis if TWC finds that an imminent peril or extraordinary circumstance may threaten the public health, safety, or welfare or the integrity of the commission's regulatory programs. Additionally, the regulations are promulgated pursuant to the Texas Solid Waste Disposal Act (the Act), Texas Health and Safety Code, Chapter 371 (Vernon 1992), which provides TWC with the authority to regulate municipal solid waste and adopt rules as necessary to regulate the operation, management, and control of solid waste under its jurisdiction. sec.330.1170. Purpose of Used Oil Reimbursement Fund Rule. The purpose of this subchapter is to create a procedure to reimburse registered used-oil collection centers for costs of proper transportation and disposal of hazardous waste, when that waste is generated by contaminated used motor oil the collection center has accepted from the do-it-yourselfers (DIY), which has been managed in accordance with this subchapter. sec.330.1171. Applicability of Used Oil Reimbursement Fund Rule. This subchapter applies to registered used oil collection centers registered pursuant to the Texas Health and Safety Code, Chapter 371 and this chapter. sec.330.1172. Definitions Pertaining to Used Oil Reimbursement Fund Rule.
                    The following words terms, when used in this subchapter, shall have the following meanings unless the context clearly indicates otherwise. Commission-The Texas Water Commission. Hazardous Waste -Any solid waste identified or listed as a hazardous waste by the administrator of the United States Environmental Protection Agency (EPA) pursuant to the federal Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act, 42 United States Code 6901 et seq, as amended. sec.330.1173. General Conditions and Limitations Regarding the Used Oil Reimbursement Fund. (a) The commission, upon proper application for the used oil reimbursement fund, shall reimburse a properly registered used oil collection center for those costs associated with the disposal of the following: (1) do-it-yourselfers (DIY) oil which, unknown to the registered used oil collection center, contains hazardous wastes; or (2) used oil, which, when commingled with contaminated DIY oils, is rendered unsuitable for recycling. (b) A registered used oil collection center is eligible for reimbursement only if it demonstrates to the satisfaction of the commission the following: (1) the center has established procedures to minimize the risk that the used oil it generates and accepts from the public will not be mixed with hazardous wastes, especially halogenated wastes; and (2) the center can document to the satisfaction of the commission the volume of used oil it has received from the public during a given time period by: (A) providing a process by which all DIYs are required to log their name, address, and the approximate amount of used oil brought to the collection center, and ensuring that all DIY collected oil is kept in a separate sealed and labeled container placed on an impermeable surface; or (B) any other method approved by the commission. (c) In any commission fiscal year, a registered used-oil collection center shall be reimbursed for not more than $5,000 in total disposal costs, subject to the availability of funds. (d) Reimbursements made pursuant to this subchapter will be paid out of the used oil recycling fund in an aggregate amount not to exceed $500,000. sec.330.1174. Procedures for Reimbursement. (a) An owner or operator of a registered used oil collection center may file for reimbursement from the commission. (b) Once forms are made available by the commission, an application for reimbursement filed pursuant to this subchapter shall be on a form approved or provided by the commission. (c) The application shall contain the following information: (1) the name, address, and telephone number of the applicant; (2) the name, mailing address, location address, and TWC registration number of the registered used oil collection center from which the contaminated oil was removed; (3) the name, address, telephone number, and TWC registration number of the hazardous waste transporter used to dispose of the contaminated used oil; (4) a copy of the signed uniform hazardous waste manifest; (5) a copy of the invoice(s) for which reimbursement is requested and evidence that the amount shown on the invoice(s) have been paid in full. Such evidence may be in the form of: (A) canceled checks; (B) business receipts from the person who performed the work; or (C) any other documentation approved by the commission; (6) a waste-characterization or similar documentation required by the disposal facility prior to acceptance of a hazardous waste; and (7) any other information which the executive director may reasonably require. (d) All claims for reimbursement filed under this subchapter are subject to the availability of funds in the used oil reimbursement fund. Nothing in this subchapter shall be construed to create an entitlement to monies in the used oil reimbursement fund or any other fund. (e) All properly completed applications must be filed with: Texas Water Commission, Municipal Solid Waste Division, P.O. Box 13087, Austin, Texas 78711, Attention: Automotive Waste Recycling Manager. Incomplete applications may be returned by the commission without further processing. Issued in Austin, Texas, on August 26, 1992. TRD-9211710 Mary Ruth Holder Director, Legal Division Texas Water Commission Effective date: August 26, 1992 Expiration date: December 24, 1992 For further information, please call: (512) 463-8069 Used Oil Filter Collection, Management, and Recycling 31 TAC sec.sec.330.1180-330.1190 The Texas Water Commission (TWC) adopts on an emergency basis new sec.sec.330. 1180-330.1190, concerning municipal solid waste. These sections are adopted on an emergency basis to delineate management standards for the storage, transportation, recycling, and disposal of used oil filters. Pursuant to the Texas Solid Waste Disposal Act, Texas Health and Safety Code, Chapter 371, TWC is currently regulating the management of used oil, much of which comes from used oil filters. There are currently no administrative regulations in place which specifically govern the management of such filters. Therefore, TWC believes that there is an imminent need to have regulations immediately in place as the improper management of such filters could cause substantial harm to the environment and human health. The sections are adopted on an emergency basis under the Texas Water Code (Vernon 1992), sec.5.103, which provides the TWC with the authority to adopt any rules necessary to carry out the powers and duties under the provisions of the Texas Water Code and other laws of this state and 31 TAC sec.275.79, which provides the TWC with the authority to promulgate rules on an emergency basis if TWC finds that an imminent peril or extraordinary circumstance may threaten the public health, safety, or welfare or the integrity of the commission's regulatory programs. Additionally, the regulations are promulgated pursuant to the Texas Solid Waste Disposal Act (the Act), Texas Health and Safety Code (Vernon 1992), sec.361.011 and sec.361.024, which provides TWC with the authority to regulate municipal solid waste and adopt rules as necessary to regulate the operation, management, and control of solid waste under its jurisdiction. sec.330.1180. Applicability.
                      The sections in this subchapter are applicable to persons involved in storing, transporting, processing, marketing, or disposing of used oil filters and their components that are subject to regulation by the commission. sec.330.1181. Definitions. The following words, terms, and abbreviations, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise. Other definitions pertinent to these and other sections are contained in the sec.330.5 of this title (relating to Definitions). Do-it-yourself (DIY) used oil filter-Used oil filter that is generated by a person who changes his or her own UOF. Drained oil filter-A UOF which has been hot drained or otherwise processed to remove all of the free flowing used oil. End user-Persons who utilize the UOFs or its components as feedstock for their processes. Free flowing oil-A noticeable stream of oil exiting the UOF when the filter is lifted by hand or by machinery. Generator-Person whose act or process produces UOFs, excluding DIYers. Hot draining-The process by which an oil filter is punctured and drained near engine operating temperatures for a sufficient period of time to remove the free flowing used oil. Person-An individual, trust, firm, joint stock company, federal agency, corporation (including a government corporation), partnership, association, state, municipality, commission, political subdivision of a state, or any other interstate body. Processing-The act of preparing the UOF and its components for recycling or proper disposal. Processing must include a means of removing all free flowing oil from the filter components. Processor-A person other than a public UOF collection center registered under this subchapter who processes UOFs generated by others for the purpose of preparing such filters for market acceptance. Public UOF collection center (collection center)-A facility which accepts DIY used oil filters. Such centers include, but are not necessarily limited to: (A) automotive service facilities that in the course of business accept, for processing, UOFs from private citizens; (B) facilities that store UOFs in above ground containers and that in the course of business accept, for recycling, small quantities of UOFs from private citizens; and (C) publicly sponsored collection facilities that are designated and authorized by the Texas Water Commission to accept, for recycling, small quantities of UOFs from private citizens. Recycling-The process by which UOFs and their components are reused. Shippable quantity -The quantity equivalent to a transportable amount depending upon the mode of transportation. Storage-The holding of UOFs for a temporary period, at the end of which time the UOFs are processed or disposed. Storage Facility -A facility which is used to accumulate shippable quantities of UOFs destined for processing, further storage, or disposal. Terne-An alloy of tin and lead which may be used to plate oil filters. Terne- plated used oil filters may cause sections of a UOF to exhibit the characteristic of toxicity for lead. Transporter-A person engaged in the off-site transportation of UOFs. Used oil-Any oil that has been refined from crude oil or a synthetic oil that, as a result of use, storage, or handling, has become unsuitable for its original purpose because of impurities or the loss of original properties, but that may be suitable for further use and is recyclable. Used oil filter (UOF)-An oil filter from an internal combustion engine used to filter crankcase oil (non-terne-plated filters only). sec.330.1182. General Prohibition.
                        All generators, transporters, storage facilities, processors, and disposers of used oil filters (UOFs) shall immediately remediate all spills and releases from UOFs. sec.330.1183. Public Used Oil Collection Centers and Used Oil Filter Generators. (a) Operation and maintenance procedures at collection centers and generator facilities shall be as follows: (1) A collection center and used oil filter (UOF) generator facility must have at least two spill kits and all necessary fire equipment on-site. The spill kits should include the proper garments, instructions, and tools needed in the event of a spill, fire, storm damage, or industrial accident. (2) UOFs shall be stored by the collection center and the generator in a covered enclosure or in covered rainproof containers. All storage containers must be capable of containing any used oil that may be separate from the filters placed inside. Containers shall be placed on an impermeable surface. (3) All containers used to store UOFs shall be clearly labeled with the phrase "USED OIL FILTERS." (4) A container used for storage of UOFs that is found to be leaking or in poor condition shall be removed from service, ensuring that only serviceable containers are provided for UOF storage. (5) Collection centers and generators shall ensure that the locations of all UOF containers comply with applicable local ordinances and codes, as well as with applicable state and federal regulations and safety requirements. (6) A collection center and generator shall not store on-site for more than 30 days, containers which contain UOFs. Such UOF containers shall be of sufficient size and quantity to store all UOFs generated on-site. If the collection center cannot reasonably comply with this requirement, then the center is required to contact the commission and seek a waiver from these storage requirements. (7) Collection centers and generators shall ensure that all free flowing oil has been removed from UOF stored on-site. Methods of removal of the free flowing oil include, but are not limited to, the following: (A) puncturing the filter anti-drain valve or the filter dome end and hot- draining; (B) hot-draining and crushing; (C) dismantling and hot-draining; (D) flushing of the UOF; (E) any other equivalent method which will remove the free flowing oil. (8) Collection centers and generators must obtain and keep copies of all manifests regarding the transportation, storage, processing, and disposal of all UOFs. All manifests shall be retained on-site for a minimum of three years. Collection centers and generators must receive from the processor or end-user documentation of receipt of the UOFs shipped within two weeks of receipt of shipment, unless the UOFs were delivered to a registered storage facility. If the UOFs were delivered to a registered storage facility, documentation must be received by the collection center or generator within 10 days after shipment from the registered storage facility to a registered processor or permitted disposal facility, or to a competent end-user. If the required documentation has not been received by the generator or collection center within the allotted time, the generator or collection center must notify the processor or end-user within 72 hours of such discrepancy. If the generator or used oil facility collection center has not received a response to the inquiry within two weeks, the generator or collection center must notify the processor or end-user in writing, sent certified mail return receipt requested and forward a copy of this notice to the commission. (9) Generators and collection centers are not required to register as a storage facility pursuant to sec.330.1187 of this title (relating to Storage Facilities). (b) In addition to complying with all of the requirements delineated in Subsection (a)(1)-(9) of this section, all collection centers shall: (1) annually register with the Texas Water Commission, using forms provided by the commission; (2) annually report to the commission concerning the amount of UOFs collected from the public and/or generator, using forms available from the commission. (c) Business and public agencies that accept UOFs from the public are encouraged to post and maintain signs notifying the public that they accept UOFs. (d) The commission shall be notified in writing within 30 days if the collection center ceases accepting UOFs from the public. sec.330.1184. Shipping Requirements. (a) All generators and used oil collection centers shall arrange with a properly registered transporter for the transport of used oil filters (UOFs) to a registered processor, storage facility, permitted disposal facility, or a competent end-user. (b) Collection centers and generators may transport UOFs, generated at their site or been accepted from do-it-yourselfers at such site, to a registered transporter, storage facility, processor, permitted disposal facility, or a competent end-user without registering with the commission as a transporter. Collection centers and generators who elect to transport such UOFs from their facility must comply with the requirements of sec.330.1185 of this title (relating to Transporters of Used Oil Filters), with the exception of the registration requirements. (c) Generators and collection centers shall prepare each container for transport by indicating the date, final destination, and the name and address of both the generator and the transporter. sec.330.1185. Transporters of Used Oil Filters. (a) All persons who transport used oil filters (UOFs) shall register annually with the commission in accordance with this section, utilizing registration forms prescribed by the commission. (b) All transporters shall report annually to the commission, the sources of UOFs transported, marketed, or recycled during the preceding year, the quantity of UOFs received, and the destination of the UOF. (c) All transporters shall have necessary federal, state, and local permits as required. (d) All transporters shall be registered with the Texas Railroad Commission. Proof of such registration shall be given to the commission with a submitted registration form. (e) All transporters shall comply with all applicable federal, state, and local regulations, including the United States Department of Transportation (DOT) regulations, such as placarding and insurance requirements. (f) All transporters shall ensure that all UOFs are properly manifested upon receipt from the shipper. A copy of all manifests shall be retained on-site for a minimum period of three years. (g) Transporters shall ensure that all UOFs are delivered to a currently registered processor, registered storage facility, registered secondary transporter, permitted disposal facility, or competent end-user. (h) Transporters shall ensure that all accepted containers are properly labeled, sealed, and loaded in a manner which reduces shifting and loss of cargo. (i) Transporters shall have at least one spill kit and all necessary fire equipment on board. The spill kit should include the proper garments, instructions, and tools needed in the event of a spill, fire, storm damage, or industrial accident. (j) A container used for storage of UOFs that is found to be leaking or in poor condition shall be removed from service, ensuring that only serviceable containers are provided for UOF storage. (k) Do-it-yourselfers are exempt from the requirements for transporters of UOFs. sec.330.1186. Storage by Transporters. A transporter may store collected used oil filters for a period of seven days or less without being required to register as a storage facility. sec.330.1187. Storage Facilities. (a) Storage of unprocessed used oil filters (UOFs) must not exceed 60 days. At the end of such time, the stored UOFs must be either properly processed or disposed. The commission may, at its discretion, extend the 60 day time period upon a written request by the registered storage facility indicating reasonable need for extension. However, the storage facility must ship within three days upon resolution of the basis for such extension request. (b) Storage of processed UOFs must not exceed 90 days. At the end of such time, the UOFs must be either disposed or shipped to an acceptable market. The commission may, at its discretion, extend the 90 day time period upon a written request by the registered storage facility indicating reasonable need for extension. However, the storage facility must ship within three days upon resolution of the basis for such extension request. (c) The storage facility shall register annually with the commission, utilizing registration forms prescribed by the commission. (d) The storage facility shall annually report the amount of UOFs stored and the location of processors and end-users which receive the UOFs. (e) The storage facility shall indicate on the manifest the name and address of the processor and end-user who receives a shipment of UOFs and the date of such receipt. (f) When the storage facility arranges for the transport of accumulated UOFs to a processor or end-user, the storage facility shall provide written evidence in the form of a manifest, bill of lading, or other reasonable documentation indicating the name and address of the registered processor, permitted disposal facility, or end-user who received that generator's UOFs, and the date of such receipt. (g) The storage facility shall ensure that all containers of UOFs are stored in covered, rainproof containers, which are placed on impermeable surfaces. (h) The storage facility shall be required to provide evidence of financial responsibility as the commission deems necessary to assure the commission that the storage facility has sufficient assets to provide proper closure. This assurance may be in the form of performance bonds, letters of credit, trust funds, or insurance. (i) Storage facilities shall have at least two spill kits and all necessary fire equipment on-site. The spill kits should include the proper garments, instructions, and tools needed in the event of a spill, fire, storm damage, or industrial accident. (j) A container used for storage of used oil filters that is found to be leaking or in poor condition shall be removed from service or repaired, ensuring that only serviceable containers are provided for UOF storage. sec.330.1188. Processors. (a) All processors must register annually with the commission, utilizing forms authorized by the commission. Such registration requires the processor to demonstrate to the satisfaction of the commission that there exists at least two competent markets capable and willing to accept recovered products on a regular, as needed basis from the processor. If the processor is unable to identify such markets, he may apply to the commission, in writing, for a waiver. This application shall detail the efforts undertaken by the processor to secure competent, willing markets and the reason(s) such markets are inaccessible to the processor. The commission may, at its discretion, accept or reject such waiver application. (b) All processors shall ensure that all used oil filters (UOFs) are properly manifested upon receipt. All manifests shall be retained on-site for a minimum period of three years. (c) Processors shall provide a copy of the signed manifest to the generator or collection center identified on the manifest. Additionally, processors shall provide written evidence in the form of a bill of lading or other reasonable documentation indicating the name and address of the shipment recipient. Such written evidence shall clearly identify each component resulting from processing and the final destination of such components. (d) Processors shall be required to provide evidence of financial responsibility as the commission deems necessary to assure the commission that the processor has sufficient assets to provide proper closure. This assurance may be in the form of performance bonds, letters of credit, trust funds, or insurance. (e) Processors shall have at least two spill kits and all necessary fire equipment on site. The spill kits should include the proper garments, instructions, and tools needed in the event of a spill, fire, storm damage, or industrial accident. (f) Processors shall ensure that all containers of UOFs are stored in covered, rainproof containers, which are placed on impermeable surfaces. (g) A container used for storage of UOF that is found to be leaking or in poor condition shall be removed from service or repaired, ensuring that only serviceable containers are provided for UOF storage. (h) Processors may not exceed 30 days of storage for unprocessed filters or 90 days of storage for processed filters and their components. This allows the facility a total of 120 days to process and accumulate a shippable quantity. The commission may, at its discretion, extend this time period upon a written request by the registered processing facility demonstrating reasonable need for extension. sec.330.1189. Manifest Forms.
                          Until such time that manifest forms are available from the commission, the information required herein must be retained on-site by the generator, collection center, transporter, storage facility, and processor in a form easily discernable by the commission or its representatives. sec.330.1190. Penalties. Failure to comply with the rules established herein, may result in a loss of state contracts and in nonrenewal of the registration. Issued in Austin, Texas, on August 26, 1992. TRD-9211711 Mary Ruth Holder Director, Legal Division Texas Water Commission Effective date: August 26, 1992 Expiration date: December 24, 1992 For further information, please call: (512) 463-8069 TITLE 34. PUBLIC FINANCE Part III. Teacher Retirement System of Texas Chapter 49. Collection of Debts 34 TAC sec.sec.49.1-49.7 The Teacher Retirement System of Texas (TRS) adopts on an emergency basis new sec.sec.49.1-49.7, concerning the collection of debts owed to the Teacher Retirement System of Texas. These sections are being adopted on an emergency basis in order to comply with the requirements set forth in Senate Bill 3, First Called Session, 72nd Legislature, requiring these rules and procedures to be adopted by September 1, 1992. These sections are intended to provide general procedures for the collection of delinquent accounts owed to the retirement system, to assist in the development of in-house collection strategies and for the referral of collection matters to the Office of the Attorney General. The new sections are adopted on an emergency basis under the Texas Government Code, sec.825.102, which authorizes the Board of Trustees of the retirement system to adopt rules for the administration of the funds of the retirement system and for the transaction of business of the board. sec.49.1. Administrative Procedures.
                            The executive secretary or his designee shall develop and maintain procedures for determining whether a delinquent obligation is owed to TRS or whether a liability should be established by legal or other appropriate procedures. sec.49.2. Demand Letters. (a) The department responsible under the procedures for making such determinations shall cause a first demand letter to be sent no later than 30 days after such determination is made. If no satisfactory response is received within 30 days after the date of the first letter, the department shall refer the matter to the legal department which shall cause a second demand letter to be sent not later than 60 days after the date of the first demand letter. (b) Demand letters should be mailed in envelopes that contain the statement "address correction requested" and shall comply with the applicable requirements for address verification in 39 Code of Federal Regulations, sec.265.6. Second demand letters shall state, where applicable, that the delinquent obligation will be referred to the attorney general if it is not resolved in manner satisfactory to TRS. sec.49.3. Referrals of Matters to Attorney General for Collection. (a) The executive secretary or his designee shall decide whether to refer a matter to the attorney general for collection. This decision should generally be made and any referral made no later than 60 days after the second demand letter is sent. (b) Generally TRS will not refer for collection matters in which the amount to be recovered would be less than the total sum of expense to the agency and the attorney general for travel, employee time, court costs, and other relevant expenses. The executive secretary or his designee may from time to time establish a minimum dollar amount for claims to be referred for collection. (c) The executive secretary or his designee may for policy reasons, actuarial reasons, or other good cause determine that a matter should be referred to the attorney general even if the amount to be recovered does not exceed the minimum established pursuant to this rule. (d) In making a determination of whether to refer a matter to the attorney general the executive secretary or his designee shall consider: (1) expense of further collection procedures; (2) the size of the debt; (3) the existence of any security; (4) the possibility of collection or satisfaction of the debt through other means; (5) the likelihood of collection; and (6) any other relevant factors established by the executive secretary in his procedures. (e) Before referring a matter to the attorney general the executive secretary or his designee shall: (1) verify the debtor's address and telephone number; (2) conclude that the obligation is not uncollectible; and (3) transmit no more than two demand letters to the debtor at the debtor's verified address. sec.49.4. Extension of Deadlines. (a) Where address corrections are provided by the United States Postal Service, TRS shall send the letter to the correct address and the deadlines provided in this chapter shall be tolled accordingly. (b) Where determinations of obligations or indebtedness are subject to administrative appeal procedures, the deadlines provided in this chapter shall be tolled during the pendency of such procedures. sec.49.5. Records. The executive secretary shall cause records to be kept identifying all persons or entities liable for delinquent obligations and the correct physical address of the debtor's business and/or residence, if available. Such records should also contain collection histories on each debtor showing, where applicable, attempted contacts with the debtor; efforts to locate the debtor; efforts to locate the assets of the debtor and the results of such efforts; state warrants that may be issued to the debtor; security interests that TRS has against any assets of the debtor; and any other information considered by TRS to be relevant. sec.49.6. Supplemental and Alternative Collection Procedures. At the time collection attempts are being made, TRS personnel should consider supplemental or alternative debt collection procedures including warrant hold procedures authorized by the Texas Government Code, sec.403.055, and the filing of liens. Except as otherwise provided in TRS policy, no lien securing the indebtedness or warrant hold should be released without the approval of the attorney representing the agency. sec.49.7. Exceptions. (a) Certain obligations to TRS shall be exempt from the procedures provided in this rule except as provided by the executive secretary. These obligations are: (1) obligations arising from the investments of the system, which shall be governed by the TRS investment policy and procedures; (2) state contributions; (3) other obligations for which a statute provides alternative collection procedures, such as: (A) employer reimbursement or assumption of state contributions; (B) unpaid member contributions; (C) installment payments for special service credit; and (D) overpayments which TRS concludes may appropriately be recovered by actuarial adjustments to benefits; (4) collections made by third parties pursuant to legally authorized contracts. (b) For good cause the executive secretary may make exceptions to the procedures in this chapter. Issued in Austin, Texas, on August 27, 1992. TRD-9211754 Wayne Blevins Executive Secretary Teacher Retirement System of Texas Effective date: September 1, 1992 Expiration date: December 30, 1992 For further information, please call: (512) 370-0524