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TITLE 30ENVIRONMENTAL QUALITY
PART 1TEXAS COMMISSION ON ENVIRONMENTAL QUALITY
CHAPTER 332COMPOSTING
SUBCHAPTER DOPERATIONS REQUIRING A PERMIT
RULE §332.47Permit Application Preparation

      (i) Liner system. All feedstock receiving, mixing, composting, post-processing, screening, and storage areas shall be located on a surface which is adequately lined to control seepage. The lined surface shall be covered with a material designed to withstand normal traffic from the composting operations. At a minimum, the lined surface shall consist of soil, synthetic, or an alternative material that is equivalent to two feet of compacted clay with a hydraulic conductivity of 1 x 10- 7 centimeters per second or less.

        (I) Soil liners shall have more than 30% passing a number 200 sieve, have a liquid limit greater than 30%, and a plasticity index greater than 15.

        (II) Synthetic liners shall be a membrane with a minimum thickness of 20 mils.

        (III) Alternative designs shall utilize an impermeable liner (such as concrete).

      (ii) Groundwater monitor system. The groundwater monitoring system shall be designed and installed such that the system will reasonably assure detection of any contamination of the groundwater before it migrates beyond the boundaries of the site. The monitoring system shall be designed based upon the information obtained in the "Groundwater investigation report" required by subparagraph (B)(v) of this paragraph.

        (I) Details of monitor well construction and placement of monitor wells shall be shown on the site plan.

        (II) A groundwater sampling program shall provide four background groundwater samples of all monitor wells within 24 months from the date of the issuance of the permit. The background levels shall be established from samples collected from each well at least once during each of the four calendar quarters: January - March; April - June; July - September; and October - December. Samples from any monitor well shall not be collected for at least 45 days following collection of a previous sample, unless a replacement sample is necessary. At least one sample per well shall be collected and submitted to a laboratory for analysis within 60 days of permit issuance for existing or previously registered operations, or prior to accepting any material for processing at a new facility. Background samples shall be analyzed for the parameters as follows:

          (-a-) heavy metals, arsenic, copper, mercury, barium, iron, selenium, cadmium, lead, chromium, and zinc;

          (-b-) other parameters: calcium, magnesium, sodium, carbonate, bicarbonate, sulphate, fluoride, nitrate (as N), total dissolved solids, phenolphthalein alkalinity as CaCo3 , alkalinity as CaCo3 , hardness as CaCo3 , pH, specific conductance, anion-cation balance, groundwater elevation (MSL), and total organic carbon (TOC) (four replicates/sample); and

          (-c-) after background values have been determined, the following indicators shall be measured at a minimum of 12-month intervals: TOC (four replicates), iron, manganese, pH, chloride, groundwater elevation (MSL), and total dissolved solids. After completion of the analysis, an original and two copies shall be sent to the executive director and a copy shall be maintained on site.

          (-d-) The executive director may waive the requirement to monitor for any of the constituents listed in items (-a-) - (-c-) of this subclause in a permit, if it can be documented that these constituents are not reasonably expected to be in or derived from the bulking or feedstock materials. A change to the monitoring requirements may be incorporated into a permit when issued or as a modification under §305.70 of this title (relating to Municipal Solid Waste Permit and Registration Modifications).

          (-e-) The executive director may establish an alternative list of constituents for a permit, if the alternative constituents provide a reliable indication of a release to the groundwater. The executive director may also add inorganic or organic constituents to those to be tested if they are reasonably expected to be in or derived from the bulking or feedstock materials. A change to the monitoring requirements may be incorporated into a permit when issued or as a modification under §305.70 of this title.

    (D) Facility plan and facility layout. The facility plan and facility layout must be prepared by a registered professional engineer. All proposed facilities, structures, and improvements must be clearly shown and annotated on this drawing. The plan must be drawn to standard engineering scale. Any necessary details or sections must be included. As a minimum, the plan must show property boundaries, fencing, internal roadways, tipping area, processing area, post-processing area, facility office, sanitary facilities, potable water facilities, storage areas, etc. If phasing is proposed for the facility, a separate facility plan for each phase is required.

    (E) Process description. The process description shall be composed of a descriptive narrative along with a process diagram. The process description shall include all of the following.

      (i) Feedstock identification. The applicant shall prepare a list of the materials intended for processing along with the anticipated volume to be processed. This section shall also contain an estimate of the daily quantity of material to be processed at the facility along with a description of the proposed process of screening for unauthorized materials.

      (ii) Tipping process. Indicate what happens to the feedstock material from the point it enters the gate. Indicate how the material is handled in the tipping area, how long it remains in the tipping area, what equipment is used, how the material is evacuated from the tipping area, at what interval the tipping area is cleaned, the process used to clean the tipping area.

      (iii) Process. Indicate what happens to the material as it leaves the tipping area. Indicate how the material is incorporated into the process and what process or processes are used until it goes to the post-processing area. The narrative shall include water addition, processing rates, equipment, energy and mass balance calculations, and process monitoring method.

      (iv) Post-processing. Provide a complete narrative on the post-processing, including post-processing times, identification and segregation of product, storage of product, quality assurance, and quality control.

      (v) Product distribution. Provide a complete narrative on product distribution to include items such as: end product quantities, qualities, intended use, packaging, labeling, loading, and tracking bulk material.

      (vi) Process diagram. Present a process diagram that displays graphically the narrative generated in response to clauses (i) - (v) of this subparagraph.

  (7) Site operating plan. This document is to provide guidance from the design engineer to site management and operating personnel in sufficient detail to enable them to conduct day-to-day operations in a manner consistent with the engineer's design. As a minimum, the site operating plan shall include specific guidance or instructions on the all of the following:

    (A) the minimum number of personnel and their functions to be provided by the site operator in order to have adequate capability to conduct the operation in conformance with the design and operational standards;

    (B) the minimum number and operational capacity of each type of equipment to be provided by the site operator in order to have adequate capability to conduct the operation in conformance with the design and operational standards;

    (C) security, site access control, traffic control, and safety;

    (D) control of dumping within designated areas, screening for unprocessable or unauthorized material;

    (E) fire prevention and control plan that shall comply with provisions of the local fire code, provision for fire-fighting equipment, and special training requirements for fire-fighting personnel;

    (F) control of windblown material;

    (G) vector control;

    (H) quality assurance and quality control. As a minimum, the applicant shall provide testing and assurance in accordance with the provisions of §332.71 of this title (relating to Sampling and Analysis Requirements for Final Product);

    (I) control of airborne emissions;

    (J) minimizing odors;

    (K) equipment failures and alternative disposal and storage plans in the event of equipment failure; and

    (L) a description of the intended final use of materials.

  (8) Legal description of the facility. The applicant shall submit an official metes and bounds description, and plat of the proposed facility. The description and plat shall be prepared and sealed by a registered surveyor.

  (9) Financial assurance. The applicant shall prepare a closure plan acceptable to the executive director and provide evidence of financial assurance to the commission for the cost of closure. The closure plan at a minimum, shall include evacuation of all material on site (feedstock, in process, and processed) to an authorized facility and disinfection of all leachate handling facilities, tipping area, processing area, and post-processing area and shall be based on the worst case closure scenario for the facility, including the assumption that all storage and processing areas are filled to capacity. Financial assurance mechanisms must be established and maintained in accordance with Chapter 37, Subchapter J of this title (relating to Financial Assurance for Recycling Facilities). These mechanisms shall be prepared on forms approved by the executive director and shall be submitted to the commission 60 days prior to the receiving of any materials for processing, or within 60 days of a permit being issued for facilities operating under an existing registration.

  (10) Source-separated recycling and household hazardous waste collection. The applicant shall submit a plan to comply with the requirements of Subchapters E and F of this chapter (relating to Source-Separated Recycling; and Household Hazardous Waste Collection).

  (11) Landowner list. The applicant shall include a list of landowners, residents, and businesses within 1/2 mile of the facility boundaries along with an appropriately scaled map locating property owned by the landowners.


Source Note: The provisions of this §332.47 adopted to be effective November 29, 1995, 20 TexReg 9717; amended to be effective December 30, 1996, 21 TexReg 12304; amended to be effective January 8, 2004, 29 TexReg 140; amended to be effective November 4, 2004, 29 TexReg 10130

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