1. (a) A generator shall ensure that all free-flowing oil as defined in §328.22 of this title (relating to Definitions) has been removed from UOFs stored on-site. Methods of removal of the free- flowing oil include, but are not limited to, the following:

   1. (1) puncturing the filter anti-drain valve or the filter dome end and hot-draining;
   2. (2) hot-draining and crushing;
   3. (3) dismantling and hot-draining;
   4. (4) flushing of the UOF; or
   5. (5) any other equivalent method which will remove the free-flowing oil.
2. (b) For UOFs accepted from a DIY, the generator or public used oil filter collection center shall remove the free-flowing oil to the greatest extent feasible.
3. (c) A generator and a person owning or operating a collection center must obtain and keep copies of all UOF shipping documentation, documenting the transfer of custody of the UOFs. All documentation shall be retained on-site for a period of three years, except in cases where a person owns or operates multiple locations at which UOFs are generated or accepted from DIYers. In those cases records for two of the three years may be stored at a central facility if such records will be made available to the executive director's staff upon request, within five working days after notification by the executive director. Records for the most current year must be maintained at the physical location of the facility generating UOFs or accepting UOFs from the public. Persons who own or operate used oil filter collection centers which are unmanned, who only accept UOFs from DIY generators, and who operate multiple locations, may retain the required documentation at a central business location if the records are made available to the executive director's staff within five working days after being requested.
4. (d) All generators and persons owning or operating a UOF collection center shall arrange with a properly registered UOF transporter for the transport of UOFs to a registered UOF processor, registered UOF storage facility, permitted disposal facility, or an end user. The generator and persons owning or operating a UOF collection center (the shipper) must verify the information contained within the bill of lading, and demonstrate concurrence by the signature of an authorized representative of the shipper upon the bill of lading.
5. (e) Generators and persons owning or operating collection centers shall prepare each container for transport by assuring that the containers are sealed and an identifying label/number is evident on the container which relates to the bill of lading. This identification number shall be easily recognizable, enabling the executive director's staff to assign the container to the required paperwork.
6. (f) UOFs must be stored in containers clearly labeled with the phrase "Used Oil Filters" in letters at least three inches high. The name of the owner of the container and the owner's phone number shall be imprinted on the container and clearly legible.

7. (g) In addition to complying with all the requirements delineated in subsections (a)-(e) of this section, all UOF collection centers shall:

   1. (1) Register by January 25th of each year with the Automotive Waste Recycling Program as a UOF collection center, utilizing registration form number TNRCC-0390. Temporary authorization to collect UOFs for one-day events may be obtained through a written request for such authorization submitted to the appropriate Regional Office at least 30 days prior to the proposed date of the event. Registration as a UOF collection center is not required for one-day events which receive written approval from the Regional Office. Also, facilities granted temporary authorization are exempt from the yearly reporting requirement set forth herein.
   2. (2) Report to the executive director by January 25th of each year the amount of UOFs received, the amounts shipped, the date of each shipment, the name of the transporter used for each shipment and any other pertinent information the executive director may require regarding the activities of the previous calendar year.
   3. (3) Notify the executive director in writing within 30 days if the collection center ceases acceptance of UOFs from the public.
8. (h) A collection center may charge a reasonable fee sufficient to cover the cost of properly managing DIY-accepted UOFs.

Source Note:The provisions of this §328.27 adopted to be effective September 5, 1999, 24 TexReg 6761.