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TITLE 30ENVIRONMENTAL QUALITY
PART 1TEXAS COMMISSION ON ENVIRONMENTAL QUALITY
CHAPTER 312SLUDGE USE, DISPOSAL, AND TRANSPORTATION
SUBCHAPTER AGENERAL PROVISIONS
RULE §312.8General Definitions

The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise.

  (1) 25-year, 24-hour rainfall event--The maximum rainfall event with a probable recurrence interval of once in 25 years, with a duration of 24 hours as defined by the National Weather Service in Technical Paper Number 40, Rainfall Frequency Atlas of the United States, May 1961, and subsequent amendments, or equivalent regional or state rainfall information developed from it.

  (2) Active disposal unit--A disposal unit that has not closed and/or is still receiving sewage sludge, biosolids, domestic septage, or water treatment residuals.

  (3) Aerobic digestion--The biochemical decomposition of organic matter in sewage sludge into carbon dioxide, water, and other by-products by microorganisms in the presence of free oxygen.

  (4) Agricultural land--Land on which a food crop, a feed crop, or a fiber crop is grown. This includes range land and land used as pasture.

  (5) Agricultural management unit--A portion of a land application area contained within an identifiable boundary, such as a river, fence, or road, where the area has a known crop or land use history.

  (6) Agronomic rate--The whole application rate (dry weight basis) designed:

    (A) to provide the amount of nitrogen needed by the crop or vegetation grown on the land; and

    (B) to minimize the amount of nitrogen that passes below the root zone of the crop or vegetation to the groundwater.

  (7) Anaerobic digestion--The biochemical decomposition of organic matter in sewage sludge into methane gas, carbon dioxide, and other by-products by microorganisms in the absence of free oxygen.

  (8) Annual metal loading rate--The maximum amount of a metal (dry weight basis) that can be applied to a land application unit during a 365-day period.

  (9) Annual whole application rate--The maximum amount of biosolids, domestic septage, or water treatment residuals that can be applied to a land application unit during a 365-day period.

  (10) Applied uniformly--Land application conducted in such a way that the agronomic rate is not exceeded anywhere in the land application unit.

  (11) Aquifer--A geologic formation, group of geologic formations, or a portion of a geologic formation capable of yielding groundwater to wells or springs.

  (12) Base flood--A flood that has a 1% chance of occurring in any given year.

  (13) Beneficial use--The land application of biosolids or domestic septage in a manner that complies with the requirements of Subchapter B of this chapter (relating to Land Application and Storage of Biosolids and Domestic Septage), or the land application of water treatment residuals in a manner that complies with the requirements of Subchapter F (relating to Land Application, Storage, and Disposal of Water Treatment Residuals) and does not exceed the agronomic rate for a food, fiber, feed, or turf crop, or any metal or toxic constituent limitations that the food, fiber, feed, or turf crop may have. Land application of biosolids, water treatment residuals, or domestic septage at a rate below the optimal agronomic rate will be considered a beneficial use.

  (14) Beneficial use site--An area of land that contains one or more land application units.

  (15) Biosolids--Sewage sludge that has been treated or processed to meet Class A, Class AB, or Class B pathogen standards under this chapter for beneficial use.

  (16) Bulk biosolids--Biosolids that are not sold or given away in a bag or other container for land application.

  (17) Certified nutrient management specialist--An organization in Texas or an individual who is currently certified as a nutrient management specialist through a United States Department of Agriculture-Natural Resources Conservation Service recognized certification program.

  (18) Class A biosolids--Biosolids meeting the metal limits in §312.43(b)(1) and (3) of this title (relating to Metal Limits) and the pathogen reduction requirements in §312.82(a)(1)(B) of this title (relating to Pathogen Reduction).

  (19) Class AB biosolids--Biosolids meeting the metal limits in §312.43(b)(1) and (3) of this title (relating to Metal Limits) and the pathogen reduction requirements in §312.82(a)(1)(A) of this title (relating to Pathogen Reduction).

  (20) Class B biosolids--Biosolids meeting the metal limits in §312.43(b)(1) of this title (relating to Metal Limits) and one of the pathogen reduction requirements in §312.82(b) of this title (relating to Pathogen Reduction).

  (21) Contaminate an aquifer--To introduce a substance that causes the maximum contaminant level for nitrate in 40 Code of Federal Regulations (CFR) §141.11, as amended, to be exceeded in groundwater or that causes the existing concentration of nitrate in groundwater to increase when the existing concentration of nitrate in the groundwater already exceeds the maximum contaminate level for nitrate in 40 CFR §141.11, as amended.

  (22) Cover--Soil or other material used to cover sewage sludge, biosolids, domestic septage, or water treatment residuals placed on an active disposal unit.

  (23) Cover crop--Grasses or small grain crop, such as oats, wheat, or barley, not grown for harvest.

  (24) Cumulative metal loading rate--The maximum amount of an inorganic pollutant (dry weight basis) that may be applied to a land application unit.

  (25) Debris--Solid material such as rubber, plastic, glass, or other trash that may pass through a wastewater treatment process or sewage sludge or biosolids process. Also, material that may be collected with domestic septage. This solid material is visibly distinguishable from sewage sludge, biosolids, and domestic septage. This material does not include grit or screenings removed during the preliminary treatment of domestic sewage at a treatment works, nor does it include grit trap waste.

  (26) Density of microorganisms--The number of microorganisms per unit mass of total solids (dry weight basis) in the sewage sludge or biosolids.

  (27) Displacement--The relative movement of any two sides of a fault measured in any direction.

  (28) Disposal--The placement of sewage sludge, biosolids, domestic septage, or water treatment residuals on the land for any purpose other than beneficial use. Disposal does not include placement onto the land where the activity has been approved by the executive director or commission as storage or temporary storage and it occurs only for the period of time expressly approved.

  (29) Disposal unit--Land that only sewage sludge or biosolids is placed for disposal. A sewage sludge or biosolids unit must be used for sewage sludge and biosolids. This does not include land that sewage sludge and biosolids is either stored or treated.

  (30) Disposal unit boundary--The outermost perimeter of a surface disposal site.

  (31) Domestic septage--Either liquid or solid material removed from a septic tank, cesspool, portable toilet, Type III marine sanitation device, or similar treatment works that receives only domestic sewage. Domestic septage does not include liquid or solid material removed from a septic tank, cesspool, or similar treatment works that receives either commercial wastewater or industrial wastewater and does not include grease removed from a grease trap or chemical toilet waste.

  (32) Domestic sewage--Waste and wastewater from humans or household operations that is discharged to a wastewater collection system or otherwise enters a treatment works.

  (33) Dry weight basis--Calculated based on having been dried at 105 degrees Celsius until reaching a constant mass (i.e., essentially 100% solids content).

  (34) Experimental use--Non-routine beneficial use land application or reclamation projects where sewage sludge or biosolids are added to the soil for research purposes, in pilot projects, feasibility studies, or similar projects.

  (35) Facility--Includes all contiguous land, structures, other appurtenances, and improvements on the land used for surface disposal, land application, or incineration.

  (36) Fault--A fracture or zone of fractures in any materials along which strata, rocks, or soils on one side are displaced with respect to strata, rocks, or soil on the other side.

  (37) Feed crops--Crops produced primarily for consumption by domestic livestock, such as swine, goats, cattle, horses, sheep, or poultry.

  (38) Fiber crops--Crops such as flax and cotton.

  (39) Final cover--The last layer of soil or other material placed on a sludge or biosolids unit at closure.

  (40) Floodway--A channel of a river or watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the surface elevation more than one foot.

  (41) Food crops--Crops consumed by humans. These include, but are not limited to, fruits, vegetables, and tobacco.

  (42) Forest--Land densely vegetated with trees and/or underbrush.

  (43) Grease trap waste--Material collected in and from a grease interceptor in the sanitary sewer service line of a commercial, institutional, or industrial food service or processing establishment, including the solids resulting from dewatering processes.

  (44) Grit trap--A unit/chamber that allows for the sedimentation of solids from an influent liquid stream by reducing the flow velocity of the influent liquid stream. In a grit trap, the inlet and the outlet are both located at the same vertical level, at, or very near, the top of the unit/chamber; the outlet of the grit trap is connected to a sanitary sewer system. A grit trap is not designed to separate oil and water.

  (45) Grit trap waste--Waste collected in a grit trap. Grit trap waste includes waste from grit traps placed in the drains prior to entering the sewer system at maintenance and repair shops, automobile service stations, car washes, laundries, and other similar establishments. The term does not include material collected in an oil/water separator or in any other similar waste management unit designed to collect oil.

  (46) Groundwater--Water below the land surface in the saturated zone.

  (47) Harvesting--Removal of a food, fiber, feed or turf crop from a land application unit by the means of cutting, picking, drying, baling, or gathering. The act of cutting and leaving vegetative material on the land application unit is not considered harvesting.

  (48) Holocene time--The most recent epoch of the Quaternary period, extending from the end of the Pleistocene Epoch to the present. Holocene time began approximately 10,000 years ago.

  (49) Incinerator--An apparatus for burning sewage sludge or biosolids at high temperatures until it is reduced to ash.

  (50) Incorporation--Mixing the applied material evenly through the top three inches of soil.

  (51) Industrial wastewater--Wastewater generated in a commercial or industrial process.

  (52) Institution--An established organization or corporation, especially of a public nature or where the public has access, such as child care facilities, public buildings, or health care facilities.

  (53) Irrigation conveyance canal--A canal that is constructed to convey water from the source of supply to one or more farms.

  (54) Lagoon--A surface impoundment that is authorized under a permit issued by the commission for the storage of sewage sludge or biosolids. Any other type of impoundment must be considered an active disposal unit.

  (55) Land application or land apply or land applied--The spraying or spreading of biosolids, domestic septage, or water treatment residuals onto the land surface; the injection of biosolids, domestic septage, or water treatment residuals below the land surface; or the incorporation of biosolids, domestic septage, or water treatment residuals into the soil to either condition the soil or fertilize crops or vegetation grown in the soil.

  (56) Land application unit--An area where materials are applied onto or incorporated into the soil surface for beneficial use or for treatment and disposal, where the disposal occurs within five feet of the surface of the land. The term does not include manure spreading operations.

  (57) Land with a high potential for public exposure--Land that the public uses frequently and/or is not provided with a means of restricting public access.

  (58) Land with a low potential for public exposure--Land that the public uses infrequently and/or is provided with a means of restricting public access.

  (59) Leachate collection system--A system or device installed immediately above a liner that is designed, constructed, maintained, and operated to collect and remove leachate from a disposal unit.

  (60) Licensed professional geoscientist--A geoscientist who maintains a current license through the Texas Board of Professional Geoscientists in accordance with its requirements for professional practice.

Cont'd...

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