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
|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