SECTION 312.42. General Requirements

(a) No person shall land apply biosolids and/or domestic septage except in accordance with the requirements in this subchapter.

(b) No person shall apply biosolids that exceeds the metal concentrations in Table 3 of §312.43(b)(3) of this title (relating to Metal Limits) to land where any of the cumulative metal loading rates in Table 2 of §312.43(b)(2) of this title have been exceeded.

(c) No person shall apply domestic septage to agricultural land, forest, or a reclamation site during a 365-day period where the annual application rate in §312.43(c) of this title has been exceeded.

(d) The person who land applies biosolids and/or domestic septage shall obtain information needed to comply with the requirements in this subchapter.

(e) If a treatment works provides bulk biosolids to a person who land applies the bulk biosolids, the treatment works shall provide the person who land applies the bulk biosolids notice and necessary information to comply with the requirements in this subchapter.

(f) If a treatment works provides bulk biosolids to a person who prepares the bulk biosolids for land application, the treatment works shall provide the person who prepares the bulk biosolids notice and necessary information to comply with the requirements in this subchapter.

(g) The person who land applies bulk biosolids shall provide the owner or lease-holder of the land on which the bulk biosolids are applied notice and necessary information to comply with the requirements in this subchapter.

(h) If a treatment works provides biosolids to a person who prepares the biosolids for sale or give away in a bag or other container for land application, the treatment works shall provide the person who prepares the biosolids notice and information to comply with the requirements in this subchapter.

(i) The applicant shall determine the concentration of regulated metals in accordance with §312.12(a)(1)(I) of this title (relating to Registrations) and demonstrate to the satisfaction of the executive director that the proposed cumulative metal loading will not result in a toxic condition or increase the toxicity of the existing soil.

Source Note: The provisions of this §312.42 adopted to be effective October 13, 1995, 20 TexReg 7840; amended to be effective October 2, 2014, 39 TexReg 7756; amended to be effective April 23, 2020, 45 TexReg 2542