SECTION 312.61. Applicability

(a) This subchapter applies to any person who prepares sewage sludge and/or biosolids that are placed on a surface disposal site, to the owner/operator of a surface disposal site, to sewage sludge or biosolids placed on a surface disposal site, and to a surface disposal site.

(b) This subchapter does not apply to sewage sludge and/or biosolids stored on the land or to the land on which sewage sludge and/or biosolids is stored when the storage period is two years or less and the sewage sludge and/or biosolids is stored at a treatment works authorized for such storage.

(c) This subchapter does not apply to sewage sludge and/or biosolids at a treatment works authorized for such storage that remains on the land for longer than two years but less than five years when the person who prepares the sewage sludge or biosolids demonstrates that the land on which the sewage sludge and/or biosolids remains is not an active disposal unit or surface disposal site. The demonstration shall include the following information, which shall be reviewed and approved by the executive director and retained by the person who prepares the sewage sludge and/or biosolids for the period that the sewage sludge and/or biosolids remains on the land:

(1) the name and address of the person who prepared the sewage sludge and/or biosolids;

(2) the name and address of the person who either owns the land or leases the land;

(3) the location of the land, by latitude and longitude, street address if available, and boundary shown on a 7 1/2-minute quadrangle United States Geological Survey map;

(4) an explanation of why sewage sludge and/or biosolids needs to remain on the land for longer than two years prior to final use or disposal; and

(5) the date by which the sewage sludge and/or biosolids will be used or disposed of. This date must clearly maintain a storage period of less than five years.

Source Note: The provisions of this §312.61 adopted to be effective October 13, 1995, 20 TexReg 7840; amended to be effective April 23, 2020, 45 TexReg 2542