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RULE §332.45Operational Requirements

The operation of the facility shall comply with all of the following operational requirements.

  (1) Protection of surface water. The facility shall be constructed, maintained, and operated to manage run-on and run-off during a 25-year, 24-hour rainfall event and shall prevent discharge into waters in the state of feedstock material, including but not limited to, in-process and/or processed materials. Any waters coming into contact with feedstock, in-process, and processed materials shall be considered leachate. Leachate shall be contained in retention facilities until it is reapplied on piles of feedstock, in-process, or unprocessed materials, or it is disposed or treated. The retention facilities shall be lined and the liner shall be constructed in compliance with §332.47(6)(C) of this title (relating to Permit Application Preparation). Leachate may be treated and processed at an authorized facility or as authorized by a National Pollutant Discharge Elimination System permit. The use of leachate in any processing shall be conducted in a manner that does not contaminate the final product.

  (2) Protection of groundwater. The facility shall be constructed, maintained, and operated to protect groundwater. As a minimum, groundwater protection shall be in accordance with the provisions of §332.47(6)(C) of this title.

  (3) Unauthorized and prohibited materials. Delivery of unauthorized or prohibited materials shall be prevented. As a minimum there shall be one employee on-site at all times inspecting each delivery of feedstock to ensure there is no unauthorized or prohibited material incorporated into the feedstock.

  (4) Access. Access to the facility shall be controlled to prevent unauthorized disposal of unauthorized and prohibited materials and scavenging. The facility shall be completely fenced with a gate that is locked when the facility is closed.

  (5) Nuisance conditions. The facility shall be sited and operated in such a manner as to prevent the potential of nuisance conditions and fire hazards. Where nuisance conditions or fire hazards exist, the operator will immediately take action to abate such nuisances.

  (6) 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.

  (7) Site sign. The facility shall have a sign at the entrance indicating the type of facility, the permit number, hours of operation, and the allowable feedstocks.

  (8) Access road. The facility access road shall be an all-weather road.

  (9) Amendment required for significant changes. The operator shall submit and obtain a permit amendment from the commission in compliance with Chapter 305 of this title (relating to Consolidated Permits) before changing the processing method or other significant changes to the original permit application.

  (10) 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.

  (11) End-product standards. The operator shall meet compost testing requirements set forth in §332.71 of this title (relating to Sampling and Analysis Requirements for Final Product), final product grades set forth in §332.72 of this title (relating to Final Product Grades), and label all materials that are sold or distributed as set forth in §332.74 of this title (relating to Final Product Labelling Requirements).

  (12) Licensed municipal solid waste facility supervisor. The operator shall employ at least one licensed municipal solid waste supervisor who has completed a TCEQ-recognized or approved specialized compost training course. Supervisors of existing facilities who do not already hold a municipal solid waste facility supervisor license must obtain a license. A licensed municipal solid waste facility supervisor who has completed a TCEQ-recognized or approved specialized compost training course shall be on-site during the hours of operation.

  (13) 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 action.

Source Note: The provisions of this §332.45 adopted to be effective November 29, 1995, 20 TexReg 9717; amended to be effective September 23, 1999, 24 TexReg 7417; amended to be effective February 3, 2022, 47 TexReg 303

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