1. (a) A person who transports Used Oil Filters (UOFs) shall:

   1. (1) Register by January 25th of each year with the Automotive Waste Recycling Program as a UOF transporter, utilizing Form TNRCC-10062. Registrants shall provide proof of financial responsibility in a form and amount approved by the executive director. Proof of compliance shall be submitted to the executive director with a UOF transporter registration form.
   2. (2) Report by January 25th of each year the amount of UOFs received, sources of UOFs, the name and location of storage facilities, processors, end users, and/or disposal facilities which receive the UOFs, and the amounts shipped to the processors or end user for the activities of the previous calendar year.
   3. (3) Comply with all applicable Federal, State, and local regulations, including the United States Department of Transportation (DOT) regulations, such as placarding, insurance requirements and any necessary Federal, State, and local permits as required.
   4. (4) Ensure that all UOFs are accompanied by a bill of lading demonstrating a transfer of custody of the UOFs from the shipping facility to the registered transporter, and from the transporter to a registered storage facility, registered (secondary) transporter, processor, end-user or permitted disposal facility. The bill of lading shall contain the date of such transfer, the name and physical address of the shipping facility, the name and address of the receiving facility, the name and address of the transporter, the quantity of UOFs removed and any other information which the executive director may deem necessary to protect the environmental quality of the State of Texas. The shipping facility must verify the information contained within the bill of lading, and demonstrate concurrence by the signature upon the bill of lading signature of an authorized representative of the shipping facility.

   5. (5) Retain on-site, and make available for inspection by the executive director's staff upon request, copies of all bills of lading demonstrating transfer of custody of UOFs for a minimum of three years.

      1. (A) For a transporter that does not have a structure capable of competently storing the required documents at the facility from which he operates his business (i.e. truck parking and/or UOF storage), a transporter may store the required documents at the local business office from which he conducts the administrative portion of his business.
      2. (B) For a transporter operating multiple locations, the transporter may store two of the three years required at a central business location if such records will be made available to the executive director's staff, within five working days after such request; however, the most current year must be maintained at the transporter's operations facility, or at a local business office if no structure capable of competently storing exist at the transporter's operations facility.
   6. (6) Ensure that all UOFs are delivered to a currently registered UOF processor, registered UOF storage facility, registered UOF (secondary) transporter, permitted disposal facility, or end user.
   7. (7) Ensure that all accepted containers are properly labeled, sealed, and loaded in a manner which reduces shifting and loss of cargo.
   8. (8) Have at least one "spill kit" and all necessary fire equipment on board. The spill kit must include the proper garments, instructions and tools needed in the event of a spill, fire, storm damage, or industrial accident.
2. (b) Persons transporting UOFs may transport up to two 55- gallon containers, or the volumetric equivalent, of UOFs without registering as a UOF transporter.

3. (c) In addition to complying with all the requirements delineated in subsection (a) (1)-(9) of this section, all transporters transporting UOFs generated by persons other than the transporter, or transporting UOFs received by the transporter from a DIY generator:

   1. (1) May store collected UOFs for a period of 10 days or less without being required to register as a storage facility.
   2. (2) Shall notify the generator and collection center of any changes to the shipping documentation, including, but not limited to, a change in destination. A written notification must be received by the generator and collection center within two weeks of such change(s).

Source Note:The provisions of this §328.25 adopted to be effective September 5, 1999, 24 TexReg 6761.