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TITLE 30ENVIRONMENTAL QUALITY
PART 1TEXAS COMMISSION ON ENVIRONMENTAL QUALITY
CHAPTER 312SLUDGE USE, DISPOSAL, AND TRANSPORTATION
SUBCHAPTER AGENERAL PROVISIONS
RULE §312.8General Definitions

The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise.

  (1) 25-year, 24-hour rainfall event--The maximum rainfall event with a probable recurrence interval of once in 25 years, with a duration of 24 hours as defined by the National Weather Service in Technical Paper Number 40, Rainfall Frequency Atlas of the United States, May 1961, and subsequent amendments, or equivalent regional or state rainfall information developed from it.

  (2) Active disposal unit--A disposal unit that has not closed and/or is still receiving sewage sludge, biosolids, domestic septage, or water treatment residuals.

  (3) Aerobic digestion--The biochemical decomposition of organic matter in sewage sludge into carbon dioxide, water, and other by-products by microorganisms in the presence of free oxygen.

  (4) Agricultural land--Land on which a food crop, a feed crop, or a fiber crop is grown. This includes range land and land used as pasture.

  (5) Agricultural management unit--A portion of a land application area contained within an identifiable boundary, such as a river, fence, or road, where the area has a known crop or land use history.

  (6) Agronomic rate--The whole application rate (dry weight basis) designed:

    (A) to provide the amount of nitrogen needed by the crop or vegetation grown on the land; and

    (B) to minimize the amount of nitrogen that passes below the root zone of the crop or vegetation to the groundwater.

  (7) Anaerobic digestion--The biochemical decomposition of organic matter in sewage sludge into methane gas, carbon dioxide, and other by-products by microorganisms in the absence of free oxygen.

  (8) Annual metal loading rate--The maximum amount of a metal (dry weight basis) that can be applied to a land application unit during a 365-day period.

  (9) Annual whole application rate--The maximum amount of biosolids, domestic septage, or water treatment residuals that can be applied to a land application unit during a 365-day period.

  (10) Applied uniformly--Land application conducted in such a way that the agronomic rate is not exceeded anywhere in the land application unit.

  (11) Aquifer--A geologic formation, group of geologic formations, or a portion of a geologic formation capable of yielding groundwater to wells or springs.

  (12) Base flood--A flood that has a 1% chance of occurring in any given year.

  (13) Beneficial use--The land application of biosolids or domestic septage in a manner that complies with the requirements of Subchapter B of this chapter (relating to Land Application and Storage of Biosolids and Domestic Septage), or the land application of water treatment residuals in a manner that complies with the requirements of Subchapter F (relating to Land Application, Storage, and Disposal of Water Treatment Residuals) and does not exceed the agronomic rate for a food, fiber, feed, or turf crop, or any metal or toxic constituent limitations that the food, fiber, feed, or turf crop may have. Land application of biosolids, water treatment residuals, or domestic septage at a rate below the optimal agronomic rate will be considered a beneficial use.

  (14) Beneficial use site--An area of land that contains one or more land application units.

  (15) Biosolids--Sewage sludge that has been treated or processed to meet Class A, Class AB, or Class B pathogen standards under this chapter for beneficial use.

  (16) Bulk biosolids--Biosolids that are not sold or given away in a bag or other container for land application.

  (17) Certified nutrient management specialist--An organization in Texas or an individual who is currently certified as a nutrient management specialist through a United States Department of Agriculture-Natural Resources Conservation Service recognized certification program.

  (18) Class A biosolids--Biosolids meeting the metal limits in §312.43(b)(1) and (3) of this title (relating to Metal Limits) and the pathogen reduction requirements in §312.82(a)(1)(B) of this title (relating to Pathogen Reduction).

  (19) Class AB biosolids--Biosolids meeting the metal limits in §312.43(b)(1) and (3) of this title (relating to Metal Limits) and the pathogen reduction requirements in §312.82(a)(1)(A) of this title (relating to Pathogen Reduction).

  (20) Class B biosolids--Biosolids meeting the metal limits in §312.43(b)(1) of this title (relating to Metal Limits) and one of the pathogen reduction requirements in §312.82(b) of this title (relating to Pathogen Reduction).

  (21) Contaminate an aquifer--To introduce a substance that causes the maximum contaminant level for nitrate in 40 Code of Federal Regulations (CFR) §141.11, as amended, to be exceeded in groundwater or that causes the existing concentration of nitrate in groundwater to increase when the existing concentration of nitrate in the groundwater already exceeds the maximum contaminate level for nitrate in 40 CFR §141.11, as amended.

  (22) Cover--Soil or other material used to cover sewage sludge, biosolids, domestic septage, or water treatment residuals placed on an active disposal unit.

  (23) Cover crop--Grasses or small grain crop, such as oats, wheat, or barley, not grown for harvest.

  (24) Cumulative metal loading rate--The maximum amount of an inorganic pollutant (dry weight basis) that may be applied to a land application unit.

  (25) Debris--Solid material such as rubber, plastic, glass, or other trash that may pass through a wastewater treatment process or sewage sludge or biosolids process. Also, material that may be collected with domestic septage. This solid material is visibly distinguishable from sewage sludge, biosolids, and domestic septage. This material does not include grit or screenings removed during the preliminary treatment of domestic sewage at a treatment works, nor does it include grit trap waste.

  (26) Density of microorganisms--The number of microorganisms per unit mass of total solids (dry weight basis) in the sewage sludge or biosolids.

  (27) Displacement--The relative movement of any two sides of a fault measured in any direction.

  (28) Disposal--The placement of sewage sludge, biosolids, domestic septage, or water treatment residuals on the land for any purpose other than beneficial use. Disposal does not include placement onto the land where the activity has been approved by the executive director or commission as storage or temporary storage and it occurs only for the period of time expressly approved.

  (29) Disposal unit--Land that only sewage sludge or biosolids is placed for disposal. A sewage sludge or biosolids unit must be used for sewage sludge and biosolids. This does not include land that sewage sludge and biosolids is either stored or treated.

  (30) Disposal unit boundary--The outermost perimeter of a surface disposal site.

  (31) Domestic septage--Either liquid or solid material removed from a septic tank, cesspool, portable toilet, Type III marine sanitation device, or similar treatment works that receives only domestic sewage. Domestic septage does not include liquid or solid material removed from a septic tank, cesspool, or similar treatment works that receives either commercial wastewater or industrial wastewater and does not include grease removed from a grease trap or chemical toilet waste.

  (32) Domestic sewage--Waste and wastewater from humans or household operations that is discharged to a wastewater collection system or otherwise enters a treatment works.

  (33) Dry weight basis--Calculated based on having been dried at 105 degrees Celsius until reaching a constant mass (i.e., essentially 100% solids content).

  (34) Experimental use--Non-routine beneficial use land application or reclamation projects where sewage sludge or biosolids are added to the soil for research purposes, in pilot projects, feasibility studies, or similar projects.

  (35) Facility--Includes all contiguous land, structures, other appurtenances, and improvements on the land used for surface disposal, land application, or incineration.

  (36) Fault--A fracture or zone of fractures in any materials along which strata, rocks, or soils on one side are displaced with respect to strata, rocks, or soil on the other side.

  (37) Feed crops--Crops produced primarily for consumption by domestic livestock, such as swine, goats, cattle, horses, sheep, or poultry.

  (38) Fiber crops--Crops such as flax and cotton.

  (39) Final cover--The last layer of soil or other material placed on a sludge or biosolids unit at closure.

Cont'd...

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