1. (a) Except as provided in §312.4(b) of this title (relating to Sewage Sludge Permit, Registration, or Notification Required), any person who intends to conduct an activity of land application for beneficial use of a sewage sludge shall:

   1. (1) notify the executive director in writing that such land application for beneficial use activities are planned. Such person shall submit to the executive director such information as may reasonably be required to enable the executive director to determine whether such land application for beneficial use activities are compliant with the terms of this chapter. Such information may include, but is not limited to the following:

      1. (A) a description and composition of the sewage sludge;
      2. (B) a description of all processes generating the sewage sludge;

      3. (C) the disposition of the sewage sludge, including the name, address, and telephone number of any landowner or operator at the site, if subject to the registration requirements of this section, including the following information:

         1. (i) whether such material is managed on-site and/or off-site from its point of generation;
         2. (ii) a description of each on-site land application beneficial use unit or tract, including the name, address, and telephone number of all landowners, or the same information from a landowner acting as a spokesperson(s) for all the landowners, so long as the spokesperson submits to the executive director a sworn statement allowing the spokesperson to act for that family member;
         3. (iii) a listing of the types of sewage sludge managed in each unit or tract; and
         4. (iv) a detailed description of the beneficial use occurring at each unit or tract of land where application of sewage sludge is proposed, including proposed waste management and crop production methods.
         5. (v) information regarding soil characteristics and subsurface conditions where the operation is to be located, except that such information provided to the executive director since August 19, 1993, need not be provided with a renewal application.
      4. (D) A new application or a major amendment application shall include a map depicting the approximate boundaries of the tract of land owned or under the control of the applicant and shall show each residential or business address and owner of all the tracts of land bordering the perimeter of any portion or tract of land where the land application site is to be located. The applicant shall list on a map, or in a separate sheet attached to a map, the names and addresses of the owners of such tracts of land as can be determined from the current county tax rolls and other reliable sources. The application shall state the source of the information.
      5. (E) The application shall include analytical results showing the concentration of metals regulated by this chapter, taken from the uppermost zone of soil to be affected by the addition of sludge, from each USDA Natural Resource Conservation Service soil characterization or texture. The soil samples should be taken at a spatial distribution of one composite sample per every 80 acres of proposed sewage sludge application. An alternate frequency may be utilized, such as use of agricultural management units, when specified in a sampling plan provided by the applicant, which sufficiently establishes background soil conditions. With renewal or amendment applications, soil samples will not be required for those areas of the site where no sewage sludge land application or fertilizer application has occurred since prior samples were obtained and reported to the executive director.
      6. (F) The application shall include analytical results showing the concentration of nutrients, salinity, and soil pH taken from the 0 to 6 inch zone of soil and from the 6 to 24 inch zone of soil in the proposed sludge application area, from each USDA Natural Resource Conservation Service soil characterization or texture. The soil samples should be taken at a spatial distribution of one composite sample per every 80 acres of proposed sewage sludge application. An alternate frequency may be utilized, such as use of agricultural management units, when specified in a sampling plan provided by the applicant, which sufficiently establishes background soil conditions. With renewal or amendment applications, soil samples will not be required for those areas of the site where no sewage sludge land application or fertilizer application has occurred since prior samples were obtained and reported to the executive director.
      7. (G) Any information provided under this subsection shall be submitted to the executive director in quadruplicate form.
   2. (2) have the continuing obligation to immediately provide written notice to the executive director of any changes, requests for an amendment, modification or renewal of a registration, or any additional information concerning changes in land ownership, changes in site control, or operator, changes in waste composition, change in the source of sewage sludge, waste management methods, and information regarding soils and subsurface conditions where the operation is to be located. Any information provided under this paragraph shall be submitted to the executive director in duplicate form.
2. (b) The executive director shall determine, after review of any application for registration of an activity to land apply sewage sludge for a beneficial use, if he will approve or deny an application in whole or in part, deny with prejudice, suspend the authority to conduct an activity for a specified period of time, or amend or modify the proposed activity requested by the applicant. The determination of the executive director shall include review and action on any new applications or changes, renewals, and requests for major amendment of any existing application. In consideration of such an application, the executive director will consider all relevant requirements of this chapter and consider all information pertaining to those requirements received by the executive director regarding the application. The written determination on any application, including any authorization granted, shall be mailed to the applicant upon the decision of the executive director.
3. (c) At the same time the executive director's decision is mailed to the applicant, a copy or copies of this decision shall also be mailed to all parties who submitted written in-formation on the application, as described in §312.13(c)(2) and (3) of this title (relating to Actions and Notice).

Source Note:The provisions of this §312.12 adopted to be effective October 13, 1995, 20 TexReg 7840.