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TITLE 30ENVIRONMENTAL QUALITY
PART 1TEXAS COMMISSION ON ENVIRONMENTAL QUALITY
CHAPTER 312SLUDGE USE, DISPOSAL, AND TRANSPORTATION
SUBCHAPTER BLAND APPLICATION AND STORAGE OF BIOSOLIDS AND DOMESTIC SEPTAGE
RULE §312.47Recordkeeping

(a) Biosolids.

  (1) The person who prepares the biosolids in §312.41(b)(1) or (e) of this title (relating to Applicability) shall develop the following information and shall retain the information for five years:

    (A) the concentration of each metal listed in Table 3 of §312.43(b)(3) of this title (relating to Metal Limits) in the biosolids;

    (B) the following certification statement: "I certify, under penalty of law, that the Class A (or insert Class AB) biosolids pathogen requirements 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 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.";

    (C) a description of how the Class A or Class AB biosolids pathogen requirements in §312.82(a) of this title (relating to Pathogen Reduction) are met; and

    (D) a description of how one of the vector attraction reduction requirements in §312.83(b)(1) - (8) of this title (relating to Vector Attraction Reduction) is met.

  (2) The person who derives the material in §312.41(c)(1) or (f) of this title shall develop the following information and shall retain the information for five years:

    (A) the concentration of each metal listed in Table 3 of §312.43(b)(3) of this title in the material;

    (B) the following certification statement: "I certify, under penalty of law, that the Class A (or insert Class AB) biosolids pathogen requirements 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 pathogen requirements and the 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.";

    (C) a description of how the Class A or Class AB biosolids pathogen requirements in §312.82(a) of this title are met; and

    (D) a description of how one of the vector attraction reduction requirements in §312.83(b)(1) - (8) of this title is met.

  (3) If the metal concentrations in Table 3 of §312.43(b)(3) of this title are not exceeded, the Class A or Class AB biosolids pathogen requirements in §312.82(a) of this title, and the vector attraction reduction requirements in either §312.83(b)(9) or (10) of this title are met when bulk biosolids are applied to agricultural land, forest, a public contact site, or a reclamation site:

    (A) The person who prepares the bulk biosolids shall develop the following information and shall retain the information for five years:

      (i) the concentration of each metal listed in Table 3 of §312.43(b)(3) of this title in the bulk biosolids;

      (ii) the following certification statement: "I certify, under penalty of law, that the pathogen requirements in 30 TAC §312.82(a) 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."; and

      (iii) a description of how the pathogen requirements in §312.82(a) of this title are met.

    (B) The person who applies the bulk biosolids shall develop the following information and shall retain the information for five years:

      (i) the following certification statement: "I certify, under penalty of law, that the management practices in 30 TAC §312.44 and the vector attraction reduction requirement in (insert either 30 TAC §312.83(b)(9) or (10)) 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 practices and vector attraction reduction requirements have been met. I am aware that there are significant penalties for false certification including fine and imprisonment.";

      (ii) a description of how the management practices in §312.44 of this title (relating to Management Practices) are met for each site on which bulk biosolids are applied; and

      (iii) a description of how the vector attraction reduction requirements in either §312.83(b)(9) or (10) of this title are met for each site on which bulk biosolids are applied.

  (4) If the metal concentrations in Table 3 of §312.43(b)(3) of this title are not exceeded and the Class B pathogen requirements in §312.82(b) of this title are met when bulk biosolids are applied to agricultural land, forest, a public contact site, or a reclamation site:

    (A) The person who prepares the bulk biosolids shall develop the following information and shall retain the information for five years:

      (i) the concentration of each metal listed in Table 3 of §312.43(b)(3) of this title in the bulk biosolids;

      (ii) the following certification statement: "I certify under, penalty of law, that the Class B biosolids pathogen requirements in 30 TAC §312.82(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 Class B biosolids pathogen requirements in §312.82(b) of this title are met; and

      (iv) when one of the vector attraction reduction requirements in §312.83(b)(1) - (8) of this title is met, a description of how the vector attraction reduction requirement is met.

    (B) The person who applies the bulk biosolids shall develop the following information and shall retain the information for five years:

      (i) the following certification statement: "I certify, under penalty of law, that the management practices in 30 TAC §312.44, the site restrictions in 30 TAC §312.82(b)(3), and the vector attraction reduction requirements in (insert either 30 TAC §312.83(b)(9) or (10), if one of those requirements is met) 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 and site restrictions (and the vector attraction reduction requirements if applicable) have been met. I am aware that there are significant penalties for false certification including the possibility of fine and imprisonment.";

      (ii) a description of how the management practices in §312.44 of this title are met for each site on which bulk biosolids are applied;

      (iii) a description of how the site restrictions in §312.82(b)(3) of this title are met for each site on which bulk biosolids are applied; and

      (iv) when the vector attraction reduction requirement in either §312.83(b)(9) or (10) of this title is met, a description of how the vector attraction reduction requirement is met.

  (5) If the requirements in §312.43(a)(2)(A) of this title are met when bulk biosolids are applied to agricultural land, forest, a public contact site, or a reclamation site:

    (A) The person who prepares the bulk biosolids shall develop the following information and shall retain the information for five years:

      (i) the concentration of each metal listed in Table 1 of §312.43(b)(1) of this title in the bulk biosolids;

Cont'd...

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