Any person generating, storing, transporting, processing or handling UOFs shall:
- (1) Immediately remediate all spills and releases from UOFs. The facility shall have equipment sufficient to respond to a spill volume equivalent to 10 gallons for every 55-gallon drum or volumetric equivalent. If a facility has a Spill Prevention Control and Countermeasure Plan (See Clean Water Act, 42 U.S.C §112), or an equivalent Federal or State spill response plan approved by the executive director, it shall be deemed to be in compliance with this requirement. Such plan shall be retained on site and be available upon request by the executive director's staff.
- (2) Not sell, convey, or otherwise transfer to an end user, a UOF which has not been processed to the processing standards set forth in §328.26(b) of this title (relating to Processors).
- (3) Comply with all applicable federal, state and local regulations.
- (4) Retain all required records on-site for a minimum of three years and make such records available for inspection on site by the executive director's staff upon request.
- (5) Remove from service, or repair, any container used for storage of UOFs that is found to be leaking or in poor condition, ensuring that only nonleaking containers are provided for UOF storage.
Source Note:The provisions of this §328.23 adopted to be effective September 5, 1999, 24 TexReg 6761.