Operation of the facility shall comply with all of the following
(1) Aerobic composting required. The facility shall
utilize functionally aerobic composting methods, although an anaerobic
composting phase may be utilized in the early stages of processing,
if it is followed by a period of functionally aerobic composting.
(2) Pathogen reduction. One of the following protocols
shall be used to reduce pathogens during composting:
(A) Using either the within-vessel composting method
or the static aerated pile composting method, the temperature of the
composting materials shall be maintained at 55 degrees Celsius or
higher for three days; or
(B) Using the windrow composting method, the temperature
of the composting materials shall be maintained at 55 degrees Celsius
or higher for 15 days or longer. During the period when the composting
materials are maintained at 55 degrees Celsius or higher, there shall
be a minimum of five turnings of the windrow.
(3) Prohibited substances. Fungicides, herbicides,
insecticides or other pesticides that contain constituents listed
in 40 Code of Federal Regulations Part 261, Appendix VIII-Hazardous
Constituents or on the Hazardous Substance List as defined in the
Comprehensive Environmental Response, Compensation, and Liability
Act of 1980 (CERCLA) shall not be applied to or incorporated into
feedstocks, in-process materials or processed materials.
(4) The operator of a compost facility shall address
the release of a chemical of concern from a compost facility to any
environmental media under the requirements of Chapter 350 of this
title (relating to Texas Risk Reduction Program) to perform the corrective
(5) The facility shall be subject to the requirements
of §328.4 of this title (relating to Limitations on Storage of
Recyclable Materials) and §328.5 of this title (relating to Reporting
and Recordkeeping Requirements).
|Source Note: The provisions of this §332.23 adopted to be effective November 29, 1995, 20 TexReg 9717; amended to be effective September 23, 1999, 24 TexReg 7417; amended to be effective September 12, 2002, 27 TexReg 8593; amended to be effective February 3, 2022, 47 TexReg 303