1. (a) The provisions of this section set the standards and requirements for permit applications to land apply, process, store, dispose of, or incinerate sewage sludge.

2. (b) Any person who is required to obtain or who requests a new permit or an amendment, modification, or renewal of a permit under this section is subject to the permit application procedures of §1.5(d) of this title (relating to Records of the Agency), §305.42(a) of this title (relating to Application Required), §305.43 of this title (relating to Who Applies), §305.44 of this title (relating to Signatories to Applications), §305.45 of this title (relating to Contents of Application for Permit), and §305.47 of this title (relating to Retention of Application Data). For a land application permit, the applicant must be:

   1. (1) the owner of the application site if the sewage sludge was generated outside this state; or
   2. (2) the site operator if the sewage sludge was generated in this state.

3. (c) An application for a permit must include all information in accordance with Chapter 281, Subchapter A of this title (relating to Application Processing) and Chapter 305, Subchapter C of this title (relating to Application for Permit), and must also include the following.

   1. (1) for an incineration or disposal facility, the map required by §305.45(a)(6) of this title shall provide the following information:

      1. (A) the approximate boundaries of the site to be permitted, which must include all contiguous properties owned by or under the control of the applicant;
      2. (B) the name and mailing address of the owner of each tract of land within one-half mile of any portion of the tract of land where the permitted activities would occur, as such information can be determined from the current county tax rolls or other reliable sources;
      3. (C) the source(s) of the information on the surrounding property owners; and

      4. (D) the list of property owners must be provided both as a hard copy, either on the map or as an attached list, and in one of the following manners:

         1. (i) in electronic format; or
         2. (ii) on four sets of self-adhesive mailing labels for all property owners;

   2. (2) for beneficial use land application, processing, or storage facility, the map required by §305.45(a)(6) of this title must provide the following information:

      1. (A) the approximate boundaries of the site to be permitted, which must include all contiguous properties owned by or under the control of the applicant;
      2. (B) the name and mailing address of the owner of each tract of land adjacent to the site to be permitted, as such information can be determined from the current county tax rolls or other reliable sources;
      3. (C) the source(s) of the information on the surrounding property owners; and

      4. (D) the list of property owners in both a hard copy, either on the map or as an attached list, and in one of the following manners:

         1. (i) in electronic format; or
         2. (ii) on four sets of self-adhesive mailing labels for all property owners;
   3. (3) a notarized affidavit from the applicant(s) verifying land ownership of the permitted site or landowner agreement to the proposed activity; and
   4. (4) any information provided under this subsection must be submitted in quadruplicate form.

4. (d) An applicant for a permit to land apply Class B sewage sludge must also provide the following information:

   1. (1) the information listed in §312.12(b)(1)(A) - (C) of this title (relating to Land Application Activities);

   2. (2) analytical results establishing the background soil concentration of metals regulated by this chapter in the application area(s), based on the following:

      1. (A) the samples must be taken from the zero to six inch zone of soil to be affected by the addition of sewage sludge (including domestic septage);
      2. (B) the soil samples must accurately show soil conditions in the application area(s) and must be taken at a spatial distribution of at least one composite sample per every 80 acres or less of soil type or area being sampled;
      3. (C) composite samples must be comprised of ten to 15 samples taken from points randomly distributed across the entire soil type or area(s) being sampled;
      4. (D) a separate composite sample must be taken from each United States Department of Agriculture (USDA) Natural Resource Conservation Service soil type (soils with the same characterization or texture) unless an alternate method is used;
      5. (E) an alternate method for defining areas to be sampled may be used, such as sampling by agricultural management units or other defined areas; and
      6. (F) when using an alternate method, a sampling plan must also be included in the application, which sufficiently establishes background soil conditions through proportionate sampling of each USDA Natural Resource Conservation Service soil type in each area sampled;

   3. (3) analytical results establishing the background soil concentration of nutrients, salinity, and pH in the application area(s), based on the following:

      1. (A) separate samples must be taken from the zero to six inch and from the six to 24 inch zones of soil to be affected by the addition of sewage sludge (including domestic septage);
      2. (B) the soil samples must accurately show soil conditions in the application area(s) and must be taken at a spatial distribution of at least one composite sample per every 80 acres or less of soil type or area being sampled;
      3. (C) composite samples must be comprised of ten to 15 samples taken from points randomly distributed across the entire soil type or area(s) being sampled;
      4. (D) a separate composite sample must be taken from each USDA Natural Resource Conservation Service soil type (soils with the same characterization or texture) unless an alternate method is used;
      5. (E) alternate methods for defining areas to be sampled may be used, such as sampling by agricultural management units or other defined areas; and
      6. (F) when using an alternate method, a sampling plan must also be included in the application, which sufficiently establishes background soil conditions through proportionate sampling of each USDA Natural Resource Conservation Service soil type in each area sampled;
   4. (4) information necessary to identify the hydrological characteristics of the surface water and groundwater within one-quarter mile of the site to be permitted; and
   5. (5) any information under this subsection shall be submitted in quadruplicate form.
5. (e) Any person who is issued a permit to land apply, process, store, dispose of, or incinerate sewage sludge is subject to the permit characteristics and standards set forth in §305.122 of this title (relating to Characteristics of Permits), §305.123 of this title (relating to Reservation in Granting Permit), §305.124 of this title (relating to Acceptance of Permit, Effect), §305.125 of this title (relating to Standard Permit Conditions), §305.126(d) of this title (relating to Additional Standard Permit Conditions for Waste Discharge Permits), §305.127 of this title (relating to Conditions to be Determined for Individual Permits), §305.128 of this title (relating to Signatories to Reports), and §305.129 of this title (relating to Variance Procedures).

6. (f) If any provision of a permit is violated during its term, the permit holder is required to report to the executive director the noncompliance in accordance with Texas Health and Safety Code, §361.121(d)(5) and §305.125(9) of this title. Each permit for the land application of sewage sludge must contain a provision requiring such reporting. Report of such information shall be provided orally or by facsimile transmission (fax) to the appropriate Regional Office within 24 hours of the permit holder becoming aware of the noncompliance. A written submission of such information shall also be provided by the permit holder to the Regional Office and to the Enforcement Division at the commission's Central Office (MC 149) within five working days of becoming aware of the noncompliance. The written submission must contain the following information:

   1. (1) a description of the noncompliance and its cause;
   2. (2) the potential danger to human health, safety, or the environment;
   3. (3) the period of noncompliance, including exact dates and times;
   4. (4) if the noncompliance has not been corrected, the anticipated time it is expected to continue; and
   5. (5) steps taken or planned to reduce, eliminate, and prevent recurrence of the noncompliance, and to mitigate its adverse effects.
7. (g) Each sewage sludge land application permit must include a reference to the maximum quantity of sewage sludge that may be land applied under the permit.
8. (h) Any permittee who requests a new permit or an amendment, modification, or renewal of a permit to land apply, process, store, dispose of, or incinerate sewage sludge is subject to the standards and requirements for applications and actions concerning amendments, modifications, renewals, transfers, corrections, revocations, denials, and suspensions of permits, as set forth in §305.62 of this title (relating to Amendment), §305.63 of this title (relating to Renewal), §305.64 of this title (related to Transfer of Permits), §305.65 of this title (relating to Corrections of Permits), §305.66 of this title (relating to Permit Denial, Suspension, and Revocation), §305.67 of this title (relating to Revocation and Suspension upon Request or Consent), and §305.68 of this title (relating to Action and Notice on Petition for Revocation or Suspension). The permittee shall have the continuing obligation to provide immediate written notice to the executive director of any changes to a permit or to information on soil or subsurface conditions at the site, and to provide any additional information concerning changes in land ownership, site control, operator, waste composition, source of sewage sludge, or waste management methods. Information submitted under this subsection shall be in quadruplicate form.

Source Note:The provisions of this §312.11 adopted to be effective August 29, 2002, 27 TexReg 7958.