|(a) Permits. Except where in conflict with other chapters
in this title, a permit shall be required before any storage, processing,
incineration, or disposal of sewage sludge, except for storage allowed
under this section, §312.50 of this title (relating to the Storage
and Staging of Sludge at Beneficial Use Sites), §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 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) Effective September 1, 2003, a permit is required
for the beneficial land application of Class B sewage sludge. All
registrations for the land application of Class B sewage sludge will
expire on or before August 31, 2003. A person holding a registration
to land apply sewage sludge who submitted an administratively complete
permit application on or before September 1, 2002, may continue operations
under the existing registration until final commission action on the
permit application. For registrations that also authorize the use
of Class A, sewage sludge, domestic septage, or water treatment plant
sludge, only the provisions for the use of Class B sewage sludge will
expire on August 31, 2003; the other provisions will expire on the
expiration date of the registration or when a permit authorizing the
use of Class A sewage sludge, domestic septage, or water treatment
plant sludge is issued for the site.
(2) The effective date of a permit is the date that
the executive director signs the permit.
(3) 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.
(4) If a permit is required under this chapter, all
activities at the site under this chapter, except transportation,
shall be incorporated in the permit.
(5) The commission may not issue a Class B sewage sludge
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 sewage
sludge land application activities.
(1) If sewage sludge meets the metal concentration
limits in Table 3 of §312.43(b)(3) of this title (relating to
Metal Limits), the Class A or Class AB pathogen reduction requirements
in §312.82(a) of this title (relating to Pathogen Reduction),
and 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 from out of state into the State of Texas and
who proposes to store, land apply, or market and distribute sewage
sludge 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) sewage sludge 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 sewage sludge 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 sewage sludge directly to
the public, including a general description of the types of end uses
proposed by persons who will be receiving the sewage sludge;
(ii) methods of distribution, marketing, handling,
and transportation of the sewage sludge;
(iii) a reasonable estimate of the expected quantity
of sewage sludge to be generated or handled by the person making the
(iv) a description of any proposed storage and the
methods that will be employed to prevent surface water runoff of the
sewage sludge 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 sewage sludge 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 sewage sludge into Texas
to determine whether any or all of 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 sewage sludge. The
executive director may review a proposal for storage of sewage sludge,
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 sewage sludge
may also be considered.
(4) Annually, on September 1, each person subject to
notification of certain Class A and Class AB sewage sludge activities
required by this subsection shall provide a report to the commission,
which shows in detail all activities described in paragraph (2) of
this subsection that occurred in the reporting period. 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 sewage
sludge provided to each initial receiver from the in-state generator
and for persons who convey out-of-state sewage sludge into Texas,
the amounts provided from this person directly to any initial receivers
and an updated list of persons receiving the sewage sludge. 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 §312.123 of this title (relating
to Annual Report).
(c) Registration of land application sites.
(1) Effective September 1, 2003, registrations may
only be obtained for the land application of Class A or Class AB sewage
sludge that does not meet the requirements of subsection (b) of this
section, water treatment plant sludge, and domestic septage.
(2) The effective date of the registration is the date
that the executive director signs the registration in accordance with §312.12(d)
of this title. 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 for beneficial use of sewage
sludge unless such activity has received the prior written authorization
of the commission.