| (4) Odor Control. Pursuant to the authority vested
in the commission or executive director in §312.6 of this title
(relating to Additional or More Stringent Requirements), a person
who prepares biosolids and/or domestic septage or land applies biosolids
and/or domestic septage on agricultural land may be subject to an
Odor Control Plan on a case-by-case basis.
(k) A permit or registration must specify the soil
testing requirements for each land application unit.
(1) The testing frequency must consider common agricultural
methods of determining crop nutrient needs, soil pH, phytotoxicity,
and concentrations of metals regulated by this chapter.
(2) No authorization may require soil testing of metals
regulated by this chapter, at a frequency greater than once per five
years or prior to submittal of a renewal application for a land application
unit. Soil testing for metals regulated by this chapter may not be
required for portions of the authorized site where biosolids and/or
domestic septage have not been applied since the last soil metals
testing was performed.
(3) Paragraph (2) of this subsection does not apply
if the executive director becomes aware of circumstances warranting
increased monitoring of metals regulated by this chapter, to address
sites where metal loading into the soil is a threat to human health
or environmental quality.
(l) An operator of a Class AB or Class B land application
unit shall post a sign that is visible from a publicly accessible
road or sidewalk that is adjacent to the premises on which the land
application unit is located stating that a biosolids land application
unit is located on the premises. The sign shall be posted three days
prior to and 14 days after the commencement of land application of
biosolids and shall include the operator name, telephone number, the
classification of biosolids and the TCEQ authorization number. In
the event of reasonably unforeseen circumstances such as weather conditions
or equipment failure that necessitate a change in a planned land application
unit, the required sign may be posted on the day on which biosolids
land application commences. If signs are posted less than three days
prior to land application, records shall be maintained documenting
the unforeseeable circumstance that necessitated the change in a planned
land application unit. Such records shall be retained by the operator
and be readily available for review by a TCEQ representative.
(m) All vehicles and equipment used for the transport
of bulk biosolids and/or domestic septage for land application or
disposal shall be constructed, operated, and maintained to prevent
the loss of liquid or solid materials during transport. An operator
of a bulk biosolids land application unit may not accept bulk biosolids,
unless the biosolids is transported to the land application unit in
a covered container with the covering firmly secured at the front
and back.
|
| Source Note: The provisions of this §312.44 adopted to be effective October 13, 1995, 20 TexReg 7840; amended to be effective October 20, 2005, 30 TexReg 6743; amended to be effective October 2, 2014, 39 TexReg 7756; amended to be effective April 23, 2020, 45 TexReg 2542 |
