All composting facilities and backyard operations shall comply with
all of the following general requirements. Violations of these requirements
are subject to enforcement by the commission and may result in the assessment
of civil or administrative penalties pursuant to Texas Water Code, Chapter
7 (relating to Enforcement).
(1) Compliance with Texas Water Code. The activities that are
subject to this chapter shall be conducted in a manner that prevents the discharge
of material to or the pollution of surface water or groundwater in accordance
with the provisions of the Texas Water Code, Chapter 26 (relating to Water
(2) Nuisance conditions. The composting, mulching, and land
application of material shall be conducted in a sanitary manner that shall
prevent the creation of nuisance conditions as defined in §330.2 of this
title (relating to Definitions) and as prohibited by the Texas Health and
Safety Code, Chapters 341 and 382 (relating to Minimum Standards of Sanitation
and Health Protection Measures; and Clean Air Act), the Texas Water Code,
Chapter 26 (relating to Water Quality Control), §101.4 of this title
(relating to Nuisance), and any other applicable regulations or statutes.
(3) Discharge to surface water or groundwater. The discharge
of material to or the pollution of surface water or groundwater as a result
of the beneficial use or reuse and recycling of material is prohibited.
(4) Compliance with federal laws. Facility operations shall
be conducted in accordance with all applicable federal laws and regulations.
(5) Compliance with state laws. Facility operations shall be
conducted in accordance with all applicable laws and regulations of the State
(6) Facility operations. Facility operations shall not be conducted
in a manner which causes endangerment of human health and welfare, or the
(7) Operations on a municipal solid waste landfill unit. No
composting activities shall be conducted within the permitted boundaries of
a municipal solid waste landfill without prior approval by the executive director
as required by §305.70 of this title (relating to Municipal Solid Waste
Permit and Registration Modifications).
(8) Operational requirement. Operations shall be conducted
in such a manner to ensure that no unauthorized or prohibited materials are
processed at the facility. All unauthorized or prohibited materials received
by the facility shall be disposed of at an authorized facility in a timely
(9) Leachate. Leachate from landfills and mixed municipal solid
waste composting operations shall not be used on any composting process, except
mixed municipal solid waste composting, and shall not be added after the designation
of an end-product grade unless the product is reanalyzed to determine end-product
(10) Nonhazardous industrial solid waste. This chapter applies
to the composting, mulching, and land application of only the following nonhazardous
industrial solid waste when the composting occurs on property that does not
qualify for the exemption from the requirement of an industrial solid waste
permit pursuant to §335.2(d) of this title (relating to Permit Required):
(A) dead animal carcasses;
(B) clean wood material;
(C) vegetative material;
(E) manure (including paunch manure);
(F) meat feedstocks;
(G) fish feedstocks;
(H) dairy material feedstocks;
(I) yard trimmings; and
(J) oils and greases.
(11) Industrial and hazardous waste. Any of the materials listed
in paragraph (10) of this section that are not managed in accordance with
the requirements of this chapter, all hazardous wastes, and any nonhazardous
industrial solid wastes not listed in paragraph (10) of this section shall
be managed in accordance with Chapter 335 of this title (relating to Industrial
Solid Waste and Municipal Hazardous Waste).
(12) Chemicals of concern. 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 §332.4 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