| (a) Sewage sludge and/or biosolids shall not be placed
on an active disposal unit if it is likely to adversely affect a threatened
or endangered species listed under the Endangered Species Act, §4,
or its designated critical habitat.
(b) An active disposal unit shall not restrict the
flow of the 100-year flood nor be located within the 100-year floodway.
(c) When a surface disposal site is located in a seismic
impact zone, each disposal unit in that site shall be designed to
withstand the maximum recorded horizontal ground-level acceleration.
(d) An active disposal unit shall be located 60 meters
or more from a fault that has displacement in Holocene time, unless
otherwise approved by the executive director or commission.
(e) An active disposal unit shall not be located in
an unstable area.
(f) An active disposal unit shall not be located in
a wetland except as provided in a permit issued under the federal
Clean Water Act, §402 or §404.
(g) Runoff from an active disposal unit shall be collected
and disposed in accordance with discharge permit requirements and
any other applicable requirements. The runoff collection system for
an active disposal unit shall have the capacity to handle runoff from
a 25-year, 24-hour rainfall event.
(h) The leachate collection system for an active disposal
unit that has a liner and leachate collection system shall be operated
and maintained during the period the disposal unit is active and for
three years after the disposal unit closes.
(i) Leachate from an active disposal unit that has
a liner and leachate collection system shall be collected and disposed
in accordance with the applicable requirements during the period the
disposal unit is active and for three years after the disposal unit
closes.
(j) When a cover is placed on an active disposal unit,
the concentration of methane gas in air in any structure within the
surface disposal site shall not exceed 25% of the lower explosive
limit for methane gas during the period that the disposal unit is
active and the concentration of methane gas in air at the property
line of the surface disposal site shall not exceed the lower explosive
limit for methane gas during the period that the disposal unit is
active. When a final cover is placed on a disposal unit at closure,
the concentration of methane gas in air in any structure within the
surface disposal site shall not exceed 25% of the lower explosive
limit for methane gas for three years after the disposal unit closes
and the concentration of methane gas in air at the property line of
the surface disposal site shall not exceed the lower explosive limit
for methane gas for three years after the disposal unit closes. On
a case by case basis, the executive director may consider exclusion
from these requirements.
(k) A food crop, a feed crop, or a fiber crop shall
not be grown on an active disposal unit, unless the owner/operator
of the surface disposal site demonstrates to the executive director
that through additional management practices, human health and the
environment are protected from any reasonably anticipated adverse
effects of metals in sewage sludge and/or biosolids when crops are
grown.
(l) Domestic livestock shall not be grazed on an active
disposal unit, unless the owner/operator of the surface disposal site
demonstrates to the executive director that through additional management
practices, human health and the environment are protected from any
reasonably anticipated adverse effects of metals in sewage sludge
and/or biosolids when domestic livestock are grazed.
(m) Public access to a surface disposal site shall
be restricted during the period that the surface disposal site contains
an active disposal unit and for a period of three years after the
last active disposal unit in the surface disposal site closes. The
means of restricting access to a surface disposal site shall be effective
with consideration of the location of the site and adjacent land use(s).
(1) The permit application shall include an explanation
of the means for restricting access to a surface disposal site.
(2) The executive director shall include, as a condition
of the proposed permit, specific requirements for the means of restricting
access to a surface disposal site.
(n) Sewage sludge and/or biosolids placed on an active
disposal unit must not contaminate an aquifer. Results of a groundwater
monitoring program developed by a licensed professional geoscientist
or licensed professional engineer or a certification by a licensed
professional geoscientist or licensed professional engineer shall
be used to demonstrate that sewage sludge and/or biosolids placed
on an active disposal unit does not contaminate an aquifer. The results
or certification shall be signed, sealed, and dated by the licensed
professional geoscientist or licensed professional engineer preparing
the results or certification.
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| Source Note: The provisions of this §312.64 adopted to be effective October 13, 1995, 20 TexReg 7840; amended to be effective September 1, 2003, 28 TexReg 6300; amended to be effective April 23, 2020, 45 TexReg 2542 |
