(ii) the following certification statement: "I certify,
under penalty of law, that the pathogen requirements in (insert either
30 TAC §312.82(a) or (b)) and the vector attraction reduction
requirement in (insert one of the vector attraction reduction requirements
in 30 TAC §312.83(b)(1) - (8) if one of those requirements is
met) have been met. This determination has been made under my direction
and supervision in accordance with the system designed to ensure that
qualified personnel properly gather and evaluate the information used
to determine that the pathogen requirements have been met. I am aware
that there are significant penalties for false certification including
the possibility of fine and imprisonment.";
(iii) a description of how the pathogen requirements
in either §312.82(a) or (b) of this title are met;
(iv) when one of the vector attraction requirements
in §312.83(b)(1) - (8) of this title is met, a description of
how the vector attraction requirement is met.
(B) The person who applies the bulk biosolids shall
develop the following information, retain the information in clauses
(i) - (vii) of this subparagraph indefinitely, and retain the information
in clause (viii) - (xiii) of this subparagraph, for five years:
(i) the location, by either street address or latitude
and longitude, of each site on which bulk biosolids are applied;
(ii) the number of acres in each site on which bulk
biosolids are applied;
(iii) the date and time bulk biosolids are applied
to each site;
(iv) the cumulative amount of each metal (i.e., kilograms)
listed in Table 2 of §312.43(b)(2) of this title in the bulk
biosolids applied to each site, including the amount in §312.42(e)
of this title (relating to General Requirements);
(v) the amount of biosolids (i.e., metric tons) applied
to each site;
(vi) the following certification statement: "I certify,
under penalty of law, that the requirements to obtain information
in 30 TAC §312.42(e) have been met for each site on which bulk
biosolids are applied. This determination has been made under my direction
and supervision in accordance with the system designed to ensure that
qualified personnel properly gather and evaluate the information used
to determine that the requirements to obtain information have been
met. I am aware that there are significant penalties for false certification
including fine and imprisonment.";
(vii) a description of how the requirements to obtain
information in §312.42(e) of this title are met;
(viii) the following certification statement: "I certify,
under penalty of law, that the management practices in 30 TAC §312.44
have been met for each site on which bulk biosolids are applied. This
determination has been made under my direction and supervision in
accordance with the system designed to ensure that qualified personnel
properly gather and evaluate the information used to determine that
the management practices have been met. I am aware that there are
significant penalties for false certification including fine and imprisonment.";
(ix) a description of how the management practices
in §312.44 of this title are met for each site on which bulk
biosolids are land applied;
(x) the following certification statement when the
bulk biosolids meets the Class B pathogen requirements in 30 TAC §312.82(b):
"I certify, under penalty of law, that the site restrictions in 30
TAC §312.82(b)(3) have been met. This determination has been
made under my direction and supervision in accordance with the system
designed to ensure that qualified personnel properly gather and evaluate
the information used to determine that the site restrictions have
been met. I am aware that there are significant penalties for false
certification including fine and imprisonment.";
(xi) a description of how the site restrictions in §312.82(b)(3)
of this title are met for each site on which Class B bulk biosolids
are land applied;
(xii) the following certification statement when the
vector attraction reduction requirement in either 30 TAC §312.83(b)(9)
or (10) is met: "I certify, under penalty of law, that the vector
attraction reduction requirement in (insert either 30 TAC §312.83(b)(9)
or (10)) has been met. This determination has been made under my direction
and supervision in accordance with the system designed to ensure that
qualified personnel properly gather and evaluate the information used
to determine that the vector attraction reduction requirement has
been met. I am aware that there are significant penalties for false
certification including the possibility of fine and imprisonment.";
and
(xiii) if the vector attraction reduction requirements
in either §312.83(b)(9) or (10) of this title are met, a description
of how the requirements are met.
(6) If the requirements in §312.43(a)(4)(B) of
this title are met when biosolids are sold or given away in a bag
or other container for land application, the person who prepares the
biosolids shall develop the following information and shall retain
the information for five years:
(A) the annual whole application rate for the biosolids
that do not cause the annual metal loading rates in Table 4 of §312.43(b)(4)
of this title to be exceeded;
(B) the concentration of each metal listed in Table
4 of §312.43(b)(4) of this title in the biosolids;
(C) the following certification statement: "I certify,
under penalty of law, that the management practice in 30 TAC §312.44(e),
the Class A (or insert Class AB) biosolids pathogen requirement in
30 TAC §312.82(a), and the vector attraction reduction requirement
in (insert one of the vector attraction reduction requirements in
30 TAC §312.83(b)(1) - (8)) have been met. This determination
has been made under my direction and supervision in accordance with
the system designed to ensure that qualified personnel properly gather
and evaluate the information used to determine that the management
practice, pathogen requirements, and vector attraction reduction requirements
have been met. I am aware that there are significant penalties for
false certification including the possibility of fine and imprisonment.";
(D) a description of how the Class A or Class AB biosolids
pathogen requirements in §312.82(a) of this title are met;
(E) a description of how one of the vector attraction
requirements in §312.83(b)(1) - (8) of this title is met.
(7) The person who land applies Class B biosolids shall
develop the following information and shall retain the information
for five years:
(A) the dates of harvesting; and
(B) the amount harvested, excluding grazing.
(8) The requirements of this subsection must be readily
available for review by commission staff or be submitted to the executive
director upon request.
(b) Domestic septage. When domestic septage is applied
to agricultural land, forest, or a reclamation site, the person who
applies the domestic septage shall develop the following information
and shall retain the information for five years and must be readily
available for review by commission staff or be submitted to the executive
director upon request:
(1) the location, by either street address or latitude
and longitude, of each site on which domestic septage is applied;
(2) the number of acres in each site on which domestic
septage is applied;
(3) the date and time domestic septage is applied to
each site;
(4) the nitrogen requirement for the crop or vegetation
grown on each site during a 365-day period;
(5) the rate, in gallons per acre per 365-day period,
at which domestic septage is applied to each site;
(6) The following certification statement: "I certify,
under penalty of law, that the pathogen requirements in (insert either
30 TAC §312.82(c)(1) or (2)) and the vector attraction reduction
requirements in (insert 30 TAC §312.83(b)(9), (10), or (12))
have been met. This determination has been made under my direction
and supervision in accordance with the system designed to ensure that
qualified personnel properly gather and evaluate the information used
to determine that the pathogen requirements and vector attraction
reduction requirements have been met. I am aware that there are significant
penalties for false certification including the possibility of fine
and imprisonment.";
(7) a description of how the pathogen requirements
in either §312.82(c)(1) or (2) of this title are met;
(8) a description of how the vector attraction reduction
requirements in §312.83(b)(9), (10), or (12) of this title are
met;
(9) the dates of harvesting; and
(10) the amount harvested, excluding grazing.
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Source Note: The provisions of this §312.47 adopted to be effective October 13, 1995, 20 TexReg 7840; amended to be effective October 2, 2014, 39 TexReg 7756; amended to be effective April 23, 2020, 45 TexReg 2542 |