SECTION 312.4. Required Authorizations or Notifications

(a) Permits. Except where in conflict with other chapters in this title, a permit shall be required before any storage, processing, incineration, disposal of sewage sludge, biosolids, or water treatment residuals in a monofill, except for storage allowed under this section, §312.50 of this title (relating to the Storage and Staging of Biosolids and Domestic Septage), §312.61(c) of this title (relating to Applicability), §312.147 of this title (relating to Temporary Storage), and §312.148 of this title (relating to Secondary Transportation of Waste). Any permit authorizing disposal of sewage sludge, biosolids, or water treatment residuals in a monofill shall be in accordance with any applicable standards of Subchapter C of this chapter (relating to Surface Disposal) or §312.101 of this title (relating to Incineration). No permit will be required under this chapter if issued in accordance with other requirements of the commission, as specified in §312.5 of this title (relating to Relationship to Other Requirements).

(1) The effective date of a permit is the date that the executive director signs the permit.

(2) Site permit information on file with the commission must be confirmed or updated, in writing, whenever the mailing address and/or telephone number of the owner or operator is changed, or whenever requested by the commission.

(3) If a permit is required under this chapter, all activities at the site under this chapter, except transportation, shall be incorporated in the permit.

(4) The commission may not issue a Class B biosolids permit for a land application unit that is located both in a county that borders the Gulf of Mexico and within 500 feet of any water well or surface water.

(b) Notification of certain Class A or Class AB biosolids land application activities.

(1) If biosolids do not exceed the metal concentration limits in Table 3 of §312.43(b)(3) of this title (relating to Metal Limits) has a concentration of polychlorinated biphenyls less than 50 milligrams per kilogram of total solids, meets the Class A or Class AB pathogen reduction requirements in §312.82(a) of this title (relating to Pathogen Reduction), and meets one of the requirements in §312.83(b)(1) - (8) of this title (relating to Vector Attraction Reduction), it will not be subject to the requirements of §312.10 of this title (relating to Permit and Registration Applications Processing), §312.11 of this title (relating to Permits), §312.12 of this title (relating to Registrations), and §312.13 of this title (relating to Actions and Notice), except as provided in this subsection.

(2) Any generator in Texas or any person who first conveys sewage sludge or biosolids from out of state into the State of Texas and who proposes to store, land apply, or market and distribute biosolids meeting the standards of this subsection shall submit notification to the executive director, at least 30 days prior to engaging in such activities for the first time on a form approved by the executive director. A completed notification form shall be submitted to the Water Quality Division by certified mail, return receipt requested. The notification must contain information detailing:

(A) biosolids classification, all points of generation, and wastewater treatment facility identification;

(B) name, address, telephone number, and the longitude and latitude of the site for all persons who are being proposed to receive the biosolids directly from the generator;

(C) a description in a marketing and distribution plan that describes any of the following activities:

(i) to sell or give away biosolids directly to the public, including a general description of the types of end uses proposed by persons who will be receiving the biosolids;

(ii) methods of distribution, marketing, handling, and transportation of the biosolids;

(iii) a reasonable estimate of the expected quantity of biosolids to be generated or handled by the person making the notification; and

(iv) a description of any proposed storage and the methods that will be employed to prevent surface water runoff of the biosolids or contamination of groundwater; and

(D) prior to land application, a map showing the buffer zone areas required under §312.44(c)(2)(D) and (E) of this title (relating to Management Practices) for all persons who are being proposed to receive the biosolids directly from the generator that meets one of the Class AB pathogen reduction requirements in §312.82(a)(2) of this title.

(3) Thirty days after the notification has occurred, the activities regulated by this subsection may commence unless the executive director determines that the activities do not meet the requirements of this subsection or an applicant's permit. After receiving a notification, the executive director may review a generator's activities or the activities of the person conveying the biosolids into Texas to determine whether any or all the requirements of this chapter are necessary. In making this determination, the executive director will consider specific circumstances related to handling procedures, site conditions, or the application rate of the biosolids. The executive director may review a proposal for storage of biosolids, considering the amount of time and the amount of material described on the notification. Also, in accordance with §312.41 of this title (relating to Applicability), any reasonably anticipated adverse effect that may occur due to a metal pollutant in the biosolids may also be considered.

(4) Annually, on September 30th, each person subject to notification of certain Class A and Class AB biosolids activities required by this subsection shall provide a report to the executive director, which shows in detail all activities described in paragraph (2) of this subsection that occurred during the year (reporting period September 1st of previous year to August 31st of current year). The report must include an update of new information since the prior report or notification was submitted and all newly proposed activities. The report must also include a description of the annual amounts of biosolids provided to each initial receiver from the in-state generator and for persons who convey out-of-state biosolids into Texas, the amounts provided from this person directly to any initial receivers and an updated list of persons receiving the biosolids. This report can be combined with the annual report(s) required under §312.48 of this title (relating to Reporting), §312.68 of this title (relating to Reporting), or §312.128 of this title (relating to Annual Report).

(c) Registration of land application units.

(1) Registrations may only be obtained for the land application of Class A or Class AB biosolids that do not meet the requirements of subsection (b) of this section, water treatment residuals, and domestic septage.

(2) The effective date of the registration is the date that the executive director signs the registration. Site registration information on file with the commission must be confirmed or updated, in writing, whenever the mailing address and/or telephone number of the owner or operator is changed or requested by the executive director.

(d) Authorization. No person may cause, suffer, allow, or permit any activity of land application of biosolids, water treatment residuals, or domestic septage unless such activity has received the prior written authorization of the commission.

Source Note: The provisions of this §312.4 adopted to be effective August 29, 2002, 27 TexReg 7958; amended to be effective October 20, 2005, 30 TexReg 6743; amended to be effective October 2, 2014, 39 TexReg 7756; amended to be effective April 23, 2020, 45 TexReg 2542