| (3) Ash control. Ash disposal must be at an authorized
facility unless the ash is returned to the animal owner or sent to
a pet cemetery. Ash shall be stored in an enclosed container that
will prevent release of the ash to the environment. There shall be
no more than 2,000 pounds of ash stored at an animal crematory at
any given time.
(4) Air pollution control. Air emissions from the facility
shall not cause or contribute to a condition of air pollution as defined
in Texas Clean Air Act, §382.003. All animal crematories, prior
to construction or modification, must have an air permit issued under
Chapter 116 of this title (relating to Control of Air Pollution by
Permits for New Construction or Modification), or qualify for a permit
by rule under §106.494 of this title.
(5) Fire protection. The facility shall prepare, maintain,
and follow a fire protection plan. This fire protection plan shall
describe fire protection resources (a local fire department, fire
hydrants, fire extinguishers, water tanks, water well, etc.), and
employee training and safety procedures. The fire protection plan
shall comply with local fire codes.
(6) Storage limits. Carcasses must be incinerated within
two hours of receipt, unless stored at or below a temperature of 29
degrees Fahrenheit. Storage of carcasses shall be in a manner that
minimizes the release of odors. Storage of carcasses shall be limited
to the lesser of 3,200 pounds or the amount that can be incinerated
at the maximum loading rate for the incinerators at the facility in
a two-day period.
(7) Unauthorized waste. Only carcasses or animal parts,
with any associated packaging, shall be processed. Carcasses shall
not be accepted in packaging that includes any chlorinated plastics.
Carcasses or animal parts that are either hazardous waste or medical
waste are prohibited.
(8) Cleaning. Storage and processing units must be
properly cleaned on a routine basis to prevent odors and the breeding
of flies.
(9) Nuisance prevention. The facility shall be designed
and operated in a manner so as to prevent nuisance conditions, including,
but not limited to, dust from ashes, disease vectors, odors, and liquids
from spills, from being released from the property boundary of the
authorized facility.
(10) Diseased animals. The facility shall be equipped
with appropriate protective equipment and clothing for personnel handling
diseased animals that may be received at the facility. Facility owners
or operators must inform customers and local veterinarians of the
need to identify diseased animals for the protection of personnel
handling the animals.
(11) Buffer zone. An animal crematory, including unloading
and storage areas, constructed after March 2, 2003, must be at least
50 feet from the property boundary of the facility.
(12) Operating hours. A crematory shall operate within
the time frames allowed by §111.129 of this title (relating to
Operating Requirements).
(13) Documentation. The operator of an animal crematory
shall document the carcasses' weight, date and time when carcasses
are received, and when carcasses are loaded into the incinerator.
A separate entry in the records for loading into the incinerator is
not required if a carcass is loaded within two hours of receipt. This
information will be maintained in records on site.
(14) Breakdown. The facility is subject to §330.241
of this title (relating to Overloading and Breakdown).
(15) Records management. The owner or operator must
retain records as follows:
(A) maintain a copy of all requirements of this subsection
that apply to the facility;
(B) maintain records for the previous consecutive 12-month
period containing sufficient information to demonstrate compliance
with all requirements of this subsection;
(C) keep all required records at the facility; and
(D) make the records available upon request to personnel
from the commission or from local governments with jurisdiction over
the facility.
(16) Fees. An animal crematory facility authorized
under this section is exempt from the fee requirements of Subchapter
P of this chapter (relating to Fees and Reporting).
(17) Other requirements. No other requirements under
this chapter are applicable to a facility that meets all of the requirements
of this subsection.
(f) A permit by rule is granted for a dual chamber
incinerator if the owner or operator complies with §106.491 of
this title (relating to Dual-Chamber Incinerators).
(g) A permit by rule is granted for an air curtain
incinerator if the owner or operator complies with §106.496 of
this title (relating to Air Curtain Incinerators). An air curtain
incinerator may not be located within 300 feet of an active or closed
MSW landfill unit boundary.
(h) A standard air permit is granted for facilities
that comply with Subchapter U of this chapter (relating to Standard
Air Permits for Municipal Solid Waste Landfill Facilities and Transfer
Stations).
(i) A permit by rule is granted for a period of up
to five years to a county or municipality with a population of 12,000
people or less to dispose of demolition waste from properties with
nuisance or abandoned buildings.
(1) Requirements. The following conditions must be
met.
(A) Form submittal. The county or municipality submits
a form provided by the commission to the executive director for review
and approval before construction begins.
(B) Notice to regional office. The county or municipality
notifies the applicable commission regional office of the intent to
dispose of waste under this authorization at least 48 hours prior
to accepting the first load of waste.
(C) Facility location. The location where disposal
will occur:
(i) is owned or controlled by the county or municipality,
and
(ii) receives less than or equal to 25 inches average
annual precipitation as determined from precipitation data for the
nearest official precipitation recording station for at least the
most recent 30-year reporting period or by another method approved
by the executive director.
(D) Sources of waste. The properties on which nuisance
and abandoned buildings are located have been acquired by the county
or municipality by means of bankruptcy, tax delinquency, or condemnation,
and the previous owners are not financially capable of paying the
costs of the disposal of demolition waste at a permitted solid waste
disposal facility, including transportation of the waste to the facility.
(E) Waste acceptance.
(i) Prior to demolition, structures are surveyed and
abated, if required, for asbestos-containing materials in accordance
with 25 TAC Chapter 295, Subchapter C (relating to Texas Asbestos
Health Protection).
(ii) The facility may accept non-regulated asbestos-containing
materials (non-RACM) for disposal. The wastes are placed on the active
working face and covered at the end of the operating day with at least
six inches of soil. Under no circumstances may any of the material
containing non-RACM be placed on a surface that is subject to vehicular
traffic or disposed of by any other means by which the material could
be crumbled into a friable state.
(iii) The facility may accept regulated asbestos-containing
materials (RACM) if the following conditions are met.
(I) The county or municipality notifies the executive
director on a form provided by the commission in accordance with subparagraph
(A) of this paragraph.
(II) All waste trenches are identified as receiving
RACM, and deed records required under subparagraph (Q) of this paragraph
include an indication that the waste trench(es) received RACM.
(III) RACM is transported and received at the facility
in tightly closed and unruptured containers or bags or wrapped with
at least six-mil polyethylene.
(IV) Bags or containers holding RACM are carefully
unloaded and placed in the final disposal location. RACM is then covered
immediately with at least six inches of soil. Care is taken during
unloading and placement of RACM and during application of the cover
so that the bags or containers are not ruptured.
(iv) Waste is limited to the abandoned or nuisance
buildings and materials from the property on which the buildings are
located. All waste disposed under this authorization must meet the
limitations of §330.5(a)(2) of this title (relating to Classification
of Municipal Solid Waste Facilities) and may not include waste prohibited
under §330.15(e) of this title.
(F) Access control. Access to the disposal facility
is controlled by means of fences, other artificial barriers, natural
barriers, or a combination of these methods, and includes a locking
gate.
Cont'd... |
