(A) The definition of terms and the enforcement hereof shall be in accordance with Tex. Water Code Chapter 26. The words “regulatory authority” shall be understood to refer to the Grayson County Health Department. The word “department” shall refer to the Texas Department of Health (TDH) or its authorized agents or employees. Where inspections or enforcement activities are herein provided, such activities may be conducted by the regulatory authority or the city.
(B) (1) Any person desiring to operate as a transporter of grease trap, sand trap, and/or septic waste shall make written application for a permit on forms provided by the regulatory authority. Such application shall include the name and address of each applicant, mailing address, telephone number, name of present company, capacity of tank, and TDH registration number, with a copy of state registration attached thereto. Governmental agencies providing collection and/or transportation of waste using vehicles owned and operated by the agency are exempt from the provisions of this section.
(2) Prior to approval of an application for a permit, the regulatory authority shall inspect each transporter unit to determine compliance with state laws and rules.
(3) The regulatory authority shall issue a permit to the applicant providing an inspection reveals that the waste transporter unit complies with the requirements of state laws and this section. All permits shall be renewed annually. Temporary permits shall be issued for no more than four consecutive days.
(4) A person may renew a permit by making written application on forms provided by the regulatory authority. Such application shall include the information described in division (B)(1), and shall include a renewal fee as established by the Commissioners’ Court of Grayson County.
(C) The regulatory authority may, after providing opportunity for a hearing, deny, suspend or revoke a permit for violations of any of the requirements of state law, or rules promulgated pursuant thereto or for duties. Prior to denial, suspension or revocation, the regulatory authority shall notify the permit holder or the person in charge in writing of the reason for which the permit is subject to denial, suspension or revocation, and that the permit shall be denied, suspended or revoked at the end of ten days following service of such notice unless a written request for a hearing is filed with regulatory authority by the permit holder. If no request for a hearing is filed, revocation of the permit shall become final.
(D) A notice provided for in this order is properly served when it is delivered in person to the permit holder or the person in charge, or when deposited with U.S. Postal Service by registered mail, return receipt requested, to the last known address of the permit holder. A copy of the notice shall be filed in the records of the regulatory authority.
(E) The hearings provided for in this order shall be conducted by a hearing officer designated by the regulatory authority at a time and place designated by the hearing officer, who shall make a finding, and shall sustain, modify or rescind any notice or order considered in the hearing. A written report of the hearing decision shall be furnished to the permit holder by the regulatory authority.
(F) (1) Marking and identification. Owners or operators of tanks or containers used for the
collection and/or over-the road transportation of wastes regulated under this section shall prominently mark such tanks or containers to show the company name and the department-assigned registrations number and a two-digit number assigned by the Grayson County Health Department. The identification will be removed when it is no longer authorized by the Texas Health Department or leaves the possession of the person registered.
(2) Sanitation standards. All vehicles and equipment used for the collection and transportation of sludges and similar wastes shall be constructed, operated, and maintained to prevent loss of liquid or solid waste materials and to prevent health nuisance and safety hazards to operating personnel and the public. Collection vehicles and equipment shall be maintained in a sanitary condition to preclude odors and insect breeding and receive an annual inspection by the Grayson County Health Department or at any other time deemed appropriate.
(3) Mixing of incompatible wastes. Mixing of incompatible wastes within the same container is prohibited. Transporters shall not use the same container or pumping equipment to collect or transport incompatible waste without first emptying and cleaning the container and equipment of all previously handled wastes. For purposes of this subsection, incompatible waste means wastes which have different processing, storage, or disposal requirements. However, transporters may mix wastes with different characteristics provided the facility to which the waste is being transported is authorized to receive of such a waste mixture.
(G) (1) Waste control record. Persons who collect and/or transport waste subject to control under this section shall initiate and maintain a record of each individual collection and deposit. Such record shall be in the form of a manifest trip ticket or other similar documentation approved by the Grayson County Health Department. The waste control record shall include:
(a) Name and Texas Department of Health registration number of transporter;
(b) County Health Department assigned number;
(c) Name and address of the person who generates the waste and date collected;
(d) Type and amount of waste collected or transported;
(e) Name of responsible person (driver) collecting, transporting, and depositing the waste;
(f) Date and place where the waste was deposited;
(g) Identification (permit application or site registration number, location, and operator) of the facility where the waste was deposited; and
(h) Name and signature of facility representative acknowledging receipt of the waste and the amount of waste received.
(2) Maintenance of records and reporting. The transporter shall provide the person generating the waste a copy of the waste control record or other document showing receipt of waste and shall provide the facility operator a copy of all control records of wastes deposited. The transporter shall retain a copy of all records showing the collection and disposition of waste. Such copies shall be retained by the generator, disposal site and transporter for 24 months and shall be available for inspection upon request. Nothing herein shall be construed so as to relieve any person of the mandatory reporting requirements of the TDH.
(H) Discharge or spills. In the event of a discharge of waste during collection or transportation, the collector or transporter must take appropriate action to protect human health and the environment, e.g., notify local law enforcement and County Health department; dike the discharge area; clean up any waste discharge that occurs during transportation; or take such action as may be required or approved by federal, state, or local officials having jurisdiction so that the waste discharge no longer presents a public health or environmental danger. Transporters are responsible for reporting spills in accordance with requirements of the state Oil and hazardous Substance Spill Contingency Plan.
(I) Any person who engages in the transporta- tion of wastes (subject to regulation under this section) from Grayson County to other states or from other states to Grayson County, or persons who collect or transport such waste in Grayson County but have their place of business in another state, shall comply with all the requirements for transporters contained in the TDH solid waste management regulations and this section. If such person also engages in the activity of managing such wastes in the state by storage, processing, or disposal, such person shall follow the applicable requirements for site operators of such activities.
(J) Any person who violates any provision of this section and any person who is a permit holder of or otherwise operates a waste transporter that does not comply with the requirements of this section shall be guilty of a misdemeanor and upon conviction shall be fined as provided in § 10.99. Each and every violation of the provisions of this section, each day that such offense continues, shall constitute a separate offense whether or not such act or omission was knowingly or willfully done or omitted.
(Ord. 708, passed 11-14-89) Penalty, see § 10.99