SECTION 312.125. Management Practices

(a) When water treatment residuals are land applied to agricultural land, forest, a public contact site, or a reclamation site for the production of food or feed crops, the requirements in either paragraph (1) or (2) of this subsection must be met.

(1) Production of any food crops.

(A) The pH of the residuals and soil mixture must be 6.5 or greater at the time of land application, except for water treatment residuals containing cadmium concentrations of 2 mg/kg (dry weight) or less.

(B) The annual cadmium loading rate (ACLR), which is the annual application of cadmium from water treatment residuals, must not exceed 0.5 kilograms per hectare (kg/ha).

(C) The cumulative application of cadmium from water treatment residuals must not exceed the levels in Table 9 of this subparagraph.

Attached Graphic

(2) Production of feed crops:

(A) The pH of the water treatment residuals and soil mixture must be 6.5 or greater at the time of land application or at the time the crop is planted, whichever occurs later, and the pH must be maintained whenever feed crops are grown.

(B) There must be a facility operating plan which demonstrates how the feed crops will be distributed to preclude ingestion by humans. The facility operating plan must describe the measure to be taken to safeguard against possible health hazards from cadmium entering the food-chain, which may result from alternative land uses.

(C) Future property owners must be notified by a stipulation in the land record or property deed which states that the property has received water treatment residuals at high cadmium application rates and that food crops should not be grown, due to a possible health hazard.

(b) Land application or disposal of water treatment residuals must not cause or contribute to the harm of a threatened or endangered species of plant, fish, or wildlife or result in the destruction or adverse modification of the critical habitat of a threatened or endangered species.

(c) Water treatment residuals must not be land applied when the ground is flooded, frozen, or snow-covered to prevent the water treatment residuals from entering surface water in the state.

(d) Water treatment residuals must be land applied at an annual whole application rate that is equal to or less than the agronomic rate for the crop. For land application to a reclamation site, the executive director may, on a case-by-case basis, authorize an annual whole application rate that exceeds the agronomic rate for the crop, for a specific time-period.

(e) Water treatment residuals must be land applied or placed on an active disposal unit by a method and under conditions that prevent runoff of the residuals beyond the land application unit or surface disposal site and that protect the quality of the surface water and the soils in the unsaturated zone.

(1) Water treatment residuals must be land applied or placed uniformly over the land application unit or active disposal unit.

(2) Where runoff of water treatment residuals from the land application unit or surface disposal site is evident, the operator shall cease further application or disposal until the condition is corrected.

(3) A land application unit or active disposal unit located in floodplains shall not restrict the flow of the base flood, reduce the temporary water storage capacity of the floodplain, or result in a washout of water treatment residuals, so as to pose a hazard to human life, wildlife, or land or water resources.

(f) A land application unit or active disposal unit shall not contaminate an underground drinking water source.

(g) Nuisance controls.

(1) A land application unit or surface disposal site location must be selected, and the site operated in a manner to prevent public health nuisances.

(2) Debris must be prevented from blowing or running off-site boundaries or into surface waters.

(3) To prevent nuisance conditions from occurring, the operator shall:

(A) minimize dust migration from the site and access roadways;

(B) minimize offensive odors through incorporation of water treatment residuals into the soil or by taking some other type of preventative action; and

(C) develop and implement best management practices (BMPs) to minimize off-site tracking of water treatment residuals when transporting the material to and from the land application unit, surface disposal site, or storage area. BMPs must also address removing tracked material, to the extent practicable, by the end of each day of operation at the site and either returning it to the site or otherwise disposing of it properly. The documented BMPs shall be retained by the operator and made readily available for review by the executive director.

(h) A registration must specify the soil testing requirements for each land application unit.

(1) The testing frequency must consider common agricultural methods of determining the crop nutrient needs, soil pH, phytotoxicity, and concentrations of metals regulated by this chapter.

(2) The soil testing frequency for metals regulated by this chapter shall be once per five years or prior to submittal of a renewal application. Soil testing for metals regulated by this chapter is not required for portions of the authorized site where water treatment residuals have not been land applied since the last soil metals testing was performed. The executive director may require more frequent soil monitoring if metal loading into the soil is a threat to human health or the environment.

Source Note: The provisions of this §312.125 adopted to be effective April 23, 2020, 45 TexReg 2542