SECTION 65.13. Waste Products Distributed as Fertilizers

(a) No person shall sell, offer or expose for sale, or distribute in this state, any industrial or municipal product originally designated as a waste by any governmental agency--federal, state or local--intended for, promoted or represented, advertised as or distributed as a fertilizer as defined in the Texas Agriculture Code, Chapter 63, §63.002 prior to registering the same as specified in §63.031.

(b) In addition to other requirements of the Law and the Rules, applications for registration of sewage, sludge and septage or mixed fertilizer containing same shall be accompanied by the following:

(1) A detailed description of the facilities, equipment and method of manufacture to be used in processing, manufacturing and testing of the product.

(2) A sampling schedule, a full description of all tests made prior to application for registration and the results of such tests which shall include, but not necessarily be limited to, those pollutants and pathogens required to be tested by United States Environmental Protection Agency Code of Federal Regulations, Title 40 CFR: Protection of Environment, Part 503 Standards for the Use or Disposal of Sewage Sludge.

(3) A schedule for periodic testing which initially shall be conducted on each production run no less than once (1) each calendar quarter.

(A) Less frequent testing may be allowed where data show continued uniformity and a consistent margin of compliance.

(B) More frequent testing shall be required where the data show the process is not under control.

(C) Sequential testing shall again be required when periodic analysis or any other information available to the manufacturer indicates that:

(i) changes are made in the manufacturing process; or

(ii) new or expanded sources of the raw ingredients are used.

(4) A statement that any product consisting in whole or part of sewage, septage or sludge meets the CFR Part 503 and specifically it meets the requirements of 503.32(a) and one of the vector attraction reduction requirements in 503.33(b)(1) through 503.33(b)(8).

Source Note: The provisions of this §65.13 adopted to be effective September 1, 1998, 23 TexReg 7551; amended to be effective February 1, 2017, 42 TexReg 310