|(a) Except as provided in subsection (b) of this section,
storage of biosolids and/or domestic septage at a land application
unit must not exceed 90 days. Storage is allowed only when the following
requirements are carried out.
(1) Written authorization must be obtained from the
executive director prior to construction of the storage area.
(2) The storage area must be operated and maintained
to prevent surface water runoff and to prevent a release to groundwater.
Discharge of stormwater or wastewater which has come into contact
with biosolids and/or domestic septage is prohibited. The storage
area shall be designed to collect such runoff. Any runoff collected
during the storage of biosolids and/or domestic septage shall be disposed
in a manner to prevent a release to groundwater.
(3) The storage area shall be designed, constructed,
and operated in a manner which protects human health and the environment.
Biosolids and/or domestic septage shall be stored away from odor receptors
in order to prevent off-site dust migration from the storage area
and to prevent nuisance odors.
(4) For biosolids only, the storage area must be lined
to prevent a release to groundwater. Natural or artificial liners
are required for leachate control. A natural liner or equivalent barrier
of one foot of compacted clay with a permeability coefficient of 1
x 10-7 cm/sec or less must be provided.
Various flexible synthetic membrane lining materials may be used in
lieu of soil liners if prior written approval has been obtained from
the executive director. The applicant shall furnish certification
by a licensed professional engineer or licensed professional geoscientist
that the completed storage area lining meets the appropriate criteria
described in this section prior to using the facilities. The certification
shall be signed, sealed, and dated by a licensed professional engineer
or licensed professional geoscientist.
(5) The request for the storage area shall outline
measures to be taken to minimize vectors and to avoid public health
nuisances such as odors.
(6) The storage area shall be fenced, or other methods
shall be used, if necessary, to control access by humans or domestic
(7) For biosolids only, berms or dikes shall be constructed
to contain the waste without leakage.
(8) Liquid biosolids and/or domestic septage must be
stored in an enclosed vessel.
(9) Processing of biosolids and/or domestic septage
is prohibited unless a permit is obtained from the commission.
(10) In the event a person who prepares biosolids and/or
domestic septage that is land applied or who land applies biosolids
and/or domestic septage, is subject to an Odor Control Plan as described
in §312.44(j)(4) of this title (relating to Management Practices),
that person must comply with the terms of the applicable Odor Control
Plan in order to store biosolids and/or domestic septage at a land
(b) Up to an additional 90 days of storage will be
allowed with the prior approval of the appropriate Texas Commission
on Environmental Quality (TCEQ) regional office, for reasons associated
with application area flooding, saturated soils, or frozen soils.
(c) Staging of biosolids and/or domestic septage on-site,
prior to land application, is allowable without executive director
approval. Staging of biosolids and/or domestic septage may only occur
for a maximum of seven calendar days per each individual staging location
within the land application unit. Up to an additional 14 days of staging
biosolids and/or domestic septage will be allowed with the prior approval
of the appropriate TCEQ regional office, for reasons associated with
application area flooding, saturated soils, frozen soils, or equipment
failure. Biosolids and/or domestic septage cannot be moved to another
staging area to restart the timeframe allowed for staging. Written
records of the location of each staging area and timeframe in which
biosolids and/or domestic septage were staged shall be retained by
the operator and be readily available for review by a TCEQ representative.
The operator shall stage the biosolids and/or domestic septage away
from odor receptors in order to prevent off-site dust migration from
the staging area and to prevent nuisance odors.
(d) Recordkeeping. The person who stores or stages
biosolids and/or domestic septage shall develop the following information
and shall retain the information for five years:
(1) the date, volume, and type of material deposited
at the storage facility or staging area;
(2) the date, volume, and type of material removed
from the storage facility or staging area; and
(3) if the material was not land applied on-site, the
permit or registration number, location, and operator of the facility
where the material that was removed from the storage facility or staging
area was deposited.
|Source Note: The provisions of this §312.50 adopted to be effective October 13, 1995, 20 TexReg 7840; amended to be effective September 1, 2003, 28 TexReg 6300; amended to be effective October 2, 2014, 39 TexReg 7756; amended to be effective April 23, 2020, 45 TexReg 2542