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

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

   1. (A) The landfill to receive the waste shall be participating in the funding program to monitor these activities as detailed in paragraph (2) of this subsection.
   2. (B) Each enclosed container or enclosed vehicle shall have all required approvals and/or permits from the executive director in accordance with §330.32 of this title (relating to Collection and Transportation Requirements).
   3. (C) Enclosed containers or enclosed vehicles shall only be accepted at their designated time and on the specified day in accordance with these sections, commission permits, or other orders of the commission.
   4. (D) A TWC 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 nonallowable by the TWC inspector shall be removed from the working face and subsequently from the site in accordance with §330.116 of this title (relating to Access Control).
   5. (E) Each transporter delivering waste in enclosed containers or enclosed vehicles shall, prior to discharging the load, provide to the landfill operator a transporter trip ticket for the route he is delivering. Trip tickets shall be maintained as part of the operating record.
   6. (F) The executive director may revoke a transporter's authorization to deliver waste to a Type IV MSW facility for failure to comply with this chapter.

2. (2) The executive director will 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.

   1. (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.
   2. (B) The public hearing will be held at a location to be determined by the commission with 20 days advance notice. Notice will be provided Type IV landfill operators by written notice in regular and certified mail.
   3. (C) The public hearing shall 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.
   4. (D) Unless other arrangements are made, the apportioned monthly payments will be due by the 10th day of each month.
   5. (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. (3) A Type IV landfill operator who is delinquent in making his monthly payment shall immediately halt acceptance of waste in enclosed containers or enclosed vehicles and may also be subject to other penalties in accordance with these sections or the Texas SWDA.
4. (4) Stationary compactors permitted in accordance with §330.25 of this title (relating to Requirements for Stationary Compactors) and municipal transporter routes permitted in accordance with §330.32 of this title (relating to Collection and Transportation Requirements) 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 a stationary compactor, as appropriate, prior to allowing discharge of the material at the landfill. These trip tickets shall be maintained as a part of the operating record.

Source Note:The provisions of this §330.135 adopted to be effective October 9, 1993, 18 TexReg 4023.