|(a) Permits. Except where in conflict with other chapters
in this title, a permit shall be required before any storage, processing,
incineration, disposal of sewage sludge, biosolids, or water treatment
residuals in a monofill, except for storage allowed under this section, §312.50
of this title (relating to the Storage and Staging of Biosolids and
Domestic Septage), §312.61(c) of this title (relating to Applicability), §312.147
of this title (relating to Temporary Storage), and §312.148 of
this title (relating to Secondary Transportation of Waste). Any permit
authorizing disposal of sewage sludge, biosolids, or water treatment
residuals in a monofill shall be in accordance with any applicable
standards of Subchapter C of this chapter (relating to Surface Disposal)
or §312.101 of this title (relating to Incineration). No permit
will be required under this chapter if issued in accordance with other
requirements of the commission, as specified in §312.5 of this
title (relating to Relationship to Other Requirements).
(1) The effective date of a permit is the date that
the executive director signs the permit.
(2) Site permit information on file with the commission
must be confirmed or updated, in writing, whenever the mailing address
and/or telephone number of the owner or operator is changed, or whenever
requested by the commission.
(3) If a permit is required under this chapter, all
activities at the site under this chapter, except transportation,
shall be incorporated in the permit.
(4) The commission may not issue a Class B biosolids
permit for a land application unit that is located both in a county
that borders the Gulf of Mexico and within 500 feet of any water well
or surface water.
(b) Notification of certain Class A or Class AB biosolids
land application activities.
(1) If biosolids do not exceed the metal concentration
limits in Table 3 of §312.43(b)(3) of this title (relating to
Metal Limits) has a concentration of polychlorinated biphenyls less
than 50 milligrams per kilogram of total solids, meets the Class A
or Class AB pathogen reduction requirements in §312.82(a) of
this title (relating to Pathogen Reduction), and meets one of the
requirements in §312.83(b)(1) - (8) of this title (relating to
Vector Attraction Reduction), it will not be subject to the requirements
of §312.10 of this title (relating to Permit and Registration
Applications Processing), §312.11 of this title (relating to
Permits), §312.12 of this title (relating to Registrations),
and §312.13 of this title (relating to Actions and Notice), except
as provided in this subsection.
(2) Any generator in Texas or any person who first
conveys sewage sludge or biosolids from out of state into the State
of Texas and who proposes to store, land apply, or market and distribute
biosolids meeting the standards of this subsection shall submit notification
to the executive director, at least 30 days prior to engaging in such
activities for the first time on a form approved by the executive
director. A completed notification form shall be submitted to the
Water Quality Division by certified mail, return receipt requested.
The notification must contain information detailing:
(A) biosolids classification, all points of generation,
and wastewater treatment facility identification;
(B) name, address, telephone number, and the longitude
and latitude of the site for all persons who are being proposed to
receive the biosolids directly from the generator;
(C) a description in a marketing and distribution plan
that describes any of the following activities:
(i) to sell or give away biosolids directly to the
public, including a general description of the types of end uses proposed
by persons who will be receiving the biosolids;
(ii) methods of distribution, marketing, handling,
and transportation of the biosolids;
(iii) a reasonable estimate of the expected quantity
of biosolids to be generated or handled by the person making the notification;
(iv) a description of any proposed storage and the
methods that will be employed to prevent surface water runoff of the
biosolids or contamination of groundwater; and
(D) prior to land application, a map showing the buffer
zone areas required under §312.44(c)(2)(D) and (E) of this title
(relating to Management Practices) for all persons who are being proposed
to receive the biosolids directly from the generator that meets one
of the Class AB pathogen reduction requirements in §312.82(a)(2)
of this title.
(3) Thirty days after the notification has occurred,
the activities regulated by this subsection may commence unless the
executive director determines that the activities do not meet the
requirements of this subsection or an applicant's permit. After receiving
a notification, the executive director may review a generator's activities
or the activities of the person conveying the biosolids into Texas
to determine whether any or all the requirements of this chapter are
necessary. In making this determination, the executive director will
consider specific circumstances related to handling procedures, site
conditions, or the application rate of the biosolids. The executive
director may review a proposal for storage of biosolids, considering
the amount of time and the amount of material described on the notification.
Also, in accordance with §312.41 of this title (relating to Applicability),
any reasonably anticipated adverse effect that may occur due to a
metal pollutant in the biosolids may also be considered.
(4) Annually, on September 30th, each person subject
to notification of certain Class A and Class AB biosolids activities
required by this subsection shall provide a report to the executive
director, which shows in detail all activities described in paragraph
(2) of this subsection that occurred during the year (reporting period
September 1st of previous year to August 31st of current year). The
report must include an update of new information since the prior report
or notification was submitted and all newly proposed activities. The
report must also include a description of the annual amounts of biosolids
provided to each initial receiver from the in-state generator and
for persons who convey out-of-state biosolids into Texas, the amounts
provided from this person directly to any initial receivers and an
updated list of persons receiving the biosolids. This report can be
combined with the annual report(s) required under §312.48 of
this title (relating to Reporting), §312.68 of this title (relating
to Reporting), or §312.128 of this title (relating to Annual
(c) Registration of land application units.
(1) Registrations may only be obtained for the land
application of Class A or Class AB biosolids that do not meet the
requirements of subsection (b) of this section, water treatment residuals,
and domestic septage.
(2) The effective date of the registration is the date
that the executive director signs the registration. Site registration
information on file with the commission must be confirmed or updated,
in writing, whenever the mailing address and/or telephone number of
the owner or operator is changed or requested by the executive director.
(d) Authorization. No person may cause, suffer, allow,
or permit any activity of land application of biosolids, water treatment
residuals, or domestic septage unless such activity has received the
prior written authorization of the commission.