1. (a) Land application of bulk sewage sludge must not cause or contribute to the harm of a threatened or endangered species of plant, fish, or wildlife or result in the destruction or adverse modification of the critical habitat of a threatened or endangered species.
2. (b) Bulk sewage sludge must not be applied to agricultural land, forest, a public contact site, or a reclamation site that is flooded, frozen, or snow-covered so that the bulk sewage sludge enters a wetland or other water in the state, except as provided in a permit issued under Chapter 305 of this title (relating to Consolidated Permits) or Clean Water Act, §404.

3. (c) When bulk sewage sludge that does not meet Class A pathogen requirements or domestic septage is applied to agricultural land, forest, or a reclamation site, buffer zones must be established for each application area as noted in this section unless otherwise specified by the commission.

   1. (1) Surface water:

      1. (A) 200-foot buffer zone, if the sludge is not incorporated; for land application sites located in a major sole-source impairment zone this buffer zone must maintain a vegetative cover; or
      2. (B) 33-foot vegetative buffer zone, if the sludge is incorporated.

   2. (2) Other buffer zones:

      1. (A) 150 feet, private water supply well;
      2. (B) 500 feet, public water supply well, intake, spring or similar source, public water supply treatment plant, or public water supply elevated or ground storage tank;
      3. (C) 200 feet, solution channel, sinkhole, or other conduit to groundwater;
      4. (D) 750 feet, established school, institution, business, or occupied residential structure;
      5. (E) 50 feet, public right-of-way and property boundaries; and
      6. (F) 10 feet, irrigation conveyance canal.
4. (d) Any of the buffers established in subsection (c)(2)(D) and (E) of this section may be reduced or eliminated if an agreement to that effect is signed by the owners of the established school, institution, business, occupied residential structure, or adjacent property and this documentation is provided to the executive director prior to issuance of a permit or registration. Reductions or elimination of buffer zones in an existing permit or registration by agreement of the affected landowner will be considered a minor amendment of the permit or registration.
5. (e) Bulk sewage sludge must be applied to agricultural land, forest, or a public contact site at a whole sludge application rate that is equal to or less than the agronomic rate for the agricultural land, forest, or public contact site on which the bulk sewage sludge is applied.
6. (f) Bulk sewage sludge must be applied to a reclamation site at a whole application rate that is equal to or less than the agronomic rate for the reclamation site on which the bulk sewage sludge is applied, unless otherwise specified by the commission. On a case-by-case basis, a whole sludge application rate may exceed the agronomic rate for a specific time period.

7. (g) Groundwater protection measures.

   1. (1) A seasonal high groundwater table must be not less than three feet below the treatment zone for soils with moderate or slower permeability (less than two inches per hour).
   2. (2) A seasonal high groundwater table must be not less than four feet below the treatment zone for soils with moderately rapid or rapid permeability (greater than two inches per hour and less than 20 inches per hour).
   3. (3) Seasonal generally refers to a groundwater table that may be perched on a less permeable soil or geologic unit and fluctuates with seasonal climatic variation or that occurs in a soil or geologic unit as a variation in saturation due to seasonal climatic conditions and is identified as such in a published soil survey report or similar document.
   4. (4) Application of sludge to land having soils with greater permeability and with higher groundwater tables will be considered on a case-by-case basis, after consideration of soil pH, metal loadings onto the soil, soil buffering capacity, or other protective measures to prevent groundwater contamination.

8. (h) Sludge must be applied by a method and under conditions that prevent runoff of sewage sludge beyond the active application area and protect the quality of the surface water and the soils in the unsaturated zone.

   1. (1) Sludge must be applied uniformly over the surface of the land.
   2. (2) Sludge may not be applied to areas where permeable surface soils are less than two feet thick. The executive director will consider sites with thinner permeable surface soils, on a case-by-case basis.
   3. (3) Sewage sludge may not be applied during rainstorms or during periods in which surface soils are water-saturated.
   4. (4) Sludge may not be applied to areas having topographical slopes in excess of 8.0%. On a case-by-case basis, the executive director will consider sites with steeper slopes when runoff controls are proposed and utilized, incorporation of sewage sludge into the soil occurs, or for certain reclamation projects.
   5. (5) Where runoff of sludge from the active application area is evident, the operator shall cease further sludge application until the condition is corrected.
   6. (6) Sewage sludge may not be applied under provisions of this section on land within a designated floodway.

9. (i) Either a label must be affixed to the bag or other container in which sewage sludge is sold or given away for application to the land or an information sheet must be provided to the person who receives sewage sludge sold or given away in another container for application to the land. The label or information sheet must contain the following information:

   1. (1) the name and address of the person who prepared the sewage sludge for sale or given away in a bag or other container for application to the land;
   2. (2) a statement that prohibits the application of the sewage sludge to the land except in accordance with the instructions on the label or information sheet; and
   3. (3) the annual whole sludge application rate for the sewage sludge that does not cause the annual metal loading rates in §312.43(b)(4) of this title (relating to Metal Limits) to be exceeded.

10. (j) Nuisance controls.

    1. (1) A land application site location must be selected and the site operated in a manner to prevent public health nuisances.
    2. (2) Sewage sludge debris must be prevented from blowing or running off site boundaries or into surface waters.

    3. (3) If necessary or when significant nuisance conditions occur, the operator shall:

       1. (A) minimize dust migration from the site and access roadways; and
       2. (B) minimize objectionable odors through incorporation of sewage sludge into the soil or by taking some other type of corrective action.

11. (k) A permit or registration must specify the soil testing requirements for each application area.

    1. (1) The testing frequency must take into account common agricultural methods of determining cover crop nutrient needs, soil pH, phytotoxicity, and concentrations of metals regulated by this chapter.
    2. (2) No authorization may require soil testing of metals regulated by this chapter, at a frequency greater than once per five years or prior to submittal of a renewal application for a beneficial use site. Soil testing for metals regulated by this chapter may not be required for portions of the authorized site where sewage sludge has not been applied since the last soil metals testing was performed.
    3. (3) Paragraph (2) of this subsection does not apply if the executive director becomes aware of circumstances warranting increased monitoring of metals regulated by this chapter, in order to address sites where metal loading into the soil is a threat to human health or environmental quality.
12. (l) A permit holder of a Class B sewage sludge site shall post a sign that is visible from a road or sidewalk that is adjacent to the premises on which the land application unit is located stating that a sewage sludge beneficial land application site is located on the premises.
13. (m) A permit holder of a Class B sewage sludge site may not accept sewage sludge, unless the sludge is transported to the land application unit in a covered container with the covering firmly secured at the front and back.

Source Note:The provisions of this §312.44 adopted to be effective October 13, 1995, 20 TexReg 7840; amended to be effective October 20, 2005, 30 TexReg 6743.