(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;
(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
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