(a) No person shall sell, offer or expose for sale,
or distribute in this state, any industrial or municipal product originally
designated as a waste by any governmental agency--federal, state or
local--intended for, promoted or represented, advertised as or distributed
as a fertilizer as defined in the Texas Agriculture Code, Chapter
63, §63.002 prior to registering the same as specified in §63.031.
(b) In addition to other requirements of the Law and
the Rules, applications for registration of sewage, sludge and septage
or mixed fertilizer containing same shall be accompanied by the following:
(1) A detailed description of the facilities, equipment
and method of manufacture to be used in processing, manufacturing
and testing of the product.
(2) A sampling schedule, a full description of all
tests made prior to application for registration and the results of
such tests which shall include, but not necessarily be limited to,
those pollutants and pathogens required to be tested by United States
Environmental Protection Agency Code of Federal Regulations, Title
40 CFR: Protection of Environment, Part 503 Standards for the Use
or Disposal of Sewage Sludge.
(3) A schedule for periodic testing which initially
shall be conducted on each production run no less than once (1) each
calendar quarter.
(A) Less frequent testing may be allowed where data
show continued uniformity and a consistent margin of compliance.
(B) More frequent testing shall be required where the
data show the process is not under control.
(C) Sequential testing shall again be required when
periodic analysis or any other information available to the manufacturer
indicates that:
(i) changes are made in the manufacturing process;
or
(ii) new or expanded sources of the raw ingredients
are used.
(4) A statement that any product consisting in whole
or part of sewage, septage or sludge meets the CFR Part 503 and specifically
it meets the requirements of 503.32(a) and one of the vector attraction
reduction requirements in 503.33(b)(1) through 503.33(b)(8).
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