1. (a) Sewage sludge.

   1. (1) The person who prepares the sewage sludge in §312.41(b)(1) or in §312.41(e) of this title (relating to Applicability) shall develop the following information and shall retain the information for five years:

      1. (A) the concentration of each metal listed in §312.43(3) of this title (relating to Metal Limits) in the sewage sludge;
      2. (B) the following certification statement: "I certify, under penalty of law, that the Class A pathogen requirements in 30 TAC §312.82(a) and the vector attraction reduction requirement in (insert one of the vector attraction reduction requirements in §312.83(b)(1)-(8)) have been met. This determination has been made under my direction and supervision in accordance with the system designed to ensure that qualified personnel properly gather and evaluate the information used to determine that the pathogen requirements and vector attraction reduction requirements have been met. I am aware that there are significant penalties for false certification including the possibility of fine and imprisonment."
      3. (C) a description of how the Class A pathogen requirements in §312.82(a) of this title (relating to Pathogen Reduction) are met; and
      4. (D) a description of how one of the vector attraction reduction requirements in §312.83(b)(1)-(8) of this title (relating to Vector Attraction Reduction) is met.

   2. (2) The person who derives the material in §312.41(c)(1) or in §312.41(f) of this title (relating to Applicability) shall develop the following information and shall retain the information for five years:

      1. (A) the concentration of each metal listed in Table 3 of §312.43(b)(3) of this title (relating to Metal Limits) in the material;
      2. (B) the following certification statement: "I certify, under penalty of law, that the Class A pathogen requirements in 30 TAC §312.82(a) and the vector attraction reduction requirement in (insert one of the vector attraction reduction requirements in 30 TAC §312.83(b)(1)-(8)) have been met. This determination has been made under my direction and supervision in accordance with the system designed to ensure that qualified personnel properly gather and evaluate the information used to determine that the pathogen requirements and the vector attraction reduction requirements have been met. I am aware that there are significant penalties for false certification including the possibility of fine and imprisonment";
      3. (C) a description of how the Class A pathogen requirements in §312.82(a) of this title are met; and
      4. (D) a description of how one of the vector attraction reduction requirements in §312.83(b)(1)-(8) of this title is met.

   3. (3) If the metal concentrations in §312.43(b)(3) of this title, the Class A pathogen requirements in §312.82(a) of this title, and the vector attraction reduction requirements in either §312.83(b)(9) or (10) of this title are met when bulk sewage sludge is applied to agricultural land, forest, a public contact site, or a reclamation site:

      1. (A) The person who prepares the bulk sewage sludge shall develop the following information and shall retain the information for five years:

         1. (i) the concentration of each metal listed in Table 3 of §312.43(b)(3) of this title in the bulk sewage sludge;
         2. (ii) the following certification statement: "I certify, under penalty of law, that the pathogen requirements in 30 TAC §312.82(a) have been met. This determination has been made under my direction and supervision in accordance with the system designed to ensure that qualified personnel properly gather and evaluate the information used to determine that the pathogen requirements have been met. I am aware that there are significant penalties for false certification including the possibility of fine and imprisonment." and
         3. (iii) a description of how the pathogen requirements in §312.82(a) of this title are met.

      2. (B) The person who applies the bulk sewage sludge shall develop the following information and shall retain the information for five years.

         1. (i) the following certification statement: "I certify, under penalty of law, that the management practices in 30 TAC §312.44 and the vector attraction reduction requirement in (insert either §312.83(b)(9) or (10)) have been met. This determination has been made under my direction and supervision in accordance with the system designed to ensure that qualified personnel properly gather and evaluate the information used to determine that the management practices and vector attraction reduction requirements have been met. I am aware that there are significant penalties for false certification including fine and imprisonment";
         2. (ii) a description of how §312.44 of this title (relating to Management Practices) are met for each site on which bulk sewage sludge is applied; and
         3. (iii) a description of how the vector attraction reduction requirements in either §312.83(b)(9) or (10) of this title are met for each site on which bulk sewage sludge is applied.

   4. (4) If the metal concentrations in §312.43(b)(3) of this title and the Class B pathogen requirements in §312.82(b) of this title are met when bulk sewage sludge is applied to agricultural land, forest, a public contact site, or a reclamation site:

      1. (A) The person who prepares the bulk sewage sludge shall develop the following information and shall retain the information for five years:

         1. (i) the concentration of each metal listed in §312.43(b)(3) (Table 3) of this title in the bulk sewage sludge;
         2. (ii) the following certification statement: "I certify under, penalty of law, that the Class B pathogen requirements in 30 TAC §312.82(b) and the vector attraction reduction requirement in (insert one of the vector attraction reduction requirements in §312.83(b)(1)-(8) if one of those requirements is met) have been met. This determination has been made under my direction and supervision in accordance with the system designed to ensure that qualified personnel properly gather and evaluate the information used to determine that the pathogen requirements have been met. I am aware that there are significant penalties for false certification including the possibility of fine and imprisonment";
         3. (iii) a description of how the Class B pathogen requirements in §312.82(b) of this title are met; and
         4. (iv) when one of the vector attraction reduction requirements in §312.83(b)(1)-(8) of this title is met, a description of how the vector attraction reduction requirement is met.

      2. (B) The person who applies the bulk sewage sludge shall develop the following information and shall retain the information for five years:

         1. (i) the following certification statement: "I certify, under penalty of law, that the management practices in 30 TAC §312.44, the site restrictions in §312.82(b)(3), and the vector attraction reduction requirements in (insert either §312.83(b)(9) or (10), if one of those requirements is met) have been met for each site on which bulk sewage sludge is applied. This determination has been made under my direction and supervision in accordance with the system designed to ensure that qualified personnel properly gather and evaluate the information used to determine that the management practices and site restrictions (and the vector attraction reduction requirements if applicable) have been met. I am aware that there are significant penalties for false certification including the possibility of fine and imprisonment";
         2. (ii) a description of how §312.44 of this title are met for each site on which bulk sewage sludge is applied;
         3. (iii) a description of how the site restrictions in §312.82(b)(3) of this title are met for each site on which bulk sewage sludge is applied; and
         4. (iv) when the vector attraction reduction requirement in either §312.83(b)(9) or (10) of this title is met, a description of how the vector attraction reduction requirement is met.

   5. (5) If the requirements in §312.43(a)(2)(A) of this title are met when bulk sewage sludge is applied to agricultural land, forest, a public contact site, or a reclamation site:

      1. (A) The person who prepares the bulk sewage sludge shall develop the following information and shall retain the information for five years:

         1. (i) the concentration of each metal listed in §312.43(b)(1) (Table 1) of this title in the bulk sewage sludge;
         2. (ii) the following certification statement: "I certify, under penalty of law, that the pathogen requirements in (insert either 30 TAC §312.82(a) or (b)) and the vector attraction reduction requirement in (insert one of the vector attraction reduction requirements in §312.83(b)(1)-(8) if one of those requirements is met) have been met. This determination has been made under my direction and supervision in accordance with the system designed to ensure that qualified personnel properly gather and evaluate the information used to determine that the pathogen requirements have been met. I am aware that there are significant penalties for false certification including the possibility of fine and imprisonment";
         3. (iii) a description of how the pathogen requirements in either §312.82(a) or (b) of this title (relating to Pathogen Reduction) are met;
         4. (iv) when one of the vector attraction requirements in §312.83(b)(1)-(8) of this title is met, a description of how the vector attraction requirement is met.

      2. (B) The person who applies the bulk sewage sludge shall develop the following information, retain the information in §312.47(a)(5)(B)(i)-(vii) of this title indefinitely, and retain the information in §312.47(a)(5)(B)(viii)-(xiii) of this title, for five years:

         1. (i) the location, by either street address or latitude and longitude, of each site on which bulk sewage sludge is applied;
         2. (ii) the number of hectares in each site on which bulk sewage sludge is applied;
         3. (iii) the date and time bulk sewage sludge is applied to each site;
         4. (iv) the cumulative amount of each metal (i.e., kilograms) listed in §312.43(b)(2) (Table 2) of this title in the bulk sewage sludge applied to each site, including the amount in §312.42(e) of this title;
         5. (v) the amount of sewage sludge (i.e., metric tons) applied to each site;
         6. (vi) the following certification statement: "I certify, under penalty of law, that the requirements to obtain information in 30 TAC §312.42(e) have been met for each site on which bulk sewage sludge is applied. This determination has been made under my direction and supervision in accordance with the system designed to ensure that qualified personnel properly gather and evaluate the information used to determine that the requirements to obtain information have been met. I am aware that there are significant penalties for false certification including fine and imprisonment";
         7. (vii) a description of how the requirements to obtain information in §312.42(e) of this title (relating to General Requirements) are met;
         8. (viii) the following certification statement: "I certify, under penalty of law, that the management practices in 30 TAC §312.44 have been met for each site on which bulk sewage sludge is applied. This determination has been made under my direction and supervision in accordance with the system designed to ensure that qualified personnel properly gather and evaluate the information used to determine that the management practices have been met. I am aware that there are significant penalties for false certification including fine and imprisonment";
         9. (ix) a description of how §312.44 of this title are met for each site on which bulk sewage sludge is applied;
         10. (x) the following certification statement when the bulk sewage sludge meets the Class B pathogen requirements in §312.82(b) of this title: "I certify, under penalty of law, that the site restrictions in §312.82(b)(3) have been met. This determination has been made under my direction and supervision in accordance with the system designed to ensure that qualified personnel properly gather and evaluate the information used to determine that the site restrictions have been met. I am aware that there are significant penalties for false certification including fine and imprisonment";
         11. (xi) a description of how the site restrictions in §312.82(b)(3) of this title are met for each site on which Class B bulk sewage sludge is applied;
         12. (xii) the following certification statement when the vector attraction reduction requirement in either §312.83(b)(9) or (10) of this title is met: "I certify, under penalty of law, that the vector attraction reduction requirement in (insert either §312.83(b)(9) or (10)) has been met. This determination has been made under my direction and supervision in accordance with the system designed to ensure that qualified personnel properly gather and evaluate the information used to determine that the vector attraction reduction requirement has been met. I am aware that there are significant penalties for false certification including the possibility of fine and imprisonment"; and
         13. (xiii) if the vector attraction reduction requirements in either §312.83(b)(9) or (10) of this title are met, a description of how the requirements are met.

   6. (6) If the requirements in §312.43(a)(4)(B) of this title are met when sewage sludge is sold or given away in a bag or other container for application to the land, the person who prepares the sewage sludge that is sold or given away in a bag or other container shall develop the following information and shall retain the information for five years:

      1. (A) the annual whole sludge application rate for the sewage sludge that does not cause the annual metal loading rates in §312.43(b)(4) (Table 4) of this title to be exceeded;
      2. (B) the concentration of each metal listed in §312.43(b)(4) (Table 4) of this title in the sewage sludge;
      3. (C) the following certification statement: "I certify, under penalty of law, that the management practice in 30 TAC §312.44(e), the Class A pathogen requirement in 30 TAC §312.82(a), and the vector attraction reduction requirement in (insert one of the vector attraction reduction requirements in §312.83(b)(1)-(8)) have been met. This determination has been made under my direction and supervision in accordance with the system designed to ensure that qualified personnel properly gather and evaluate the information used to determine that the management practice, pathogen requirements, and vector attraction reduction requirements have been met. I am aware that there are significant penalties for false certification including the possibility of fine and imprisonment";
      4. (D) a description of how the Class A pathogen requirements in §312.82(a) of this title are met;
      5. (E) a description of how one of the vector attraction requirements in §312.83(b)(1)-(8) of this title is met;

2. (b) Domestic septage. When domestic septage is applied to agricultural land, forest, or a reclamation site, the person who applies the domestic septage shall develop the following information and shall retain the information for five years:

   1. (1) the location, by either street address or latitude and longitude, of each site on which domestic septage is applied;
   2. (2) the number of acres in each site on which domestic septage is applied;
   3. (3) the date and time domestic septage is applied to each site;
   4. (4) the nitrogen requirement for the crop or vegetation grown on each site during a 365-day period;
   5. (5) the rate, in gallons per acre per 365-day period, at which domestic septage is applied to each site;
   6. (6) The following certification statement: "I certify, under penalty of law, that the pathogen requirements in (insert either §312.82(c)(1) or §312.82(c)(2)) and the vector attraction reduction requirements in (insert §312.83(b)(9), (10), or (12)) have been met. This determination has been made under my direction and supervision in accordance with the system designed to ensure that qualified personnel properly gather and evaluate the information used to determine that the pathogen requirements and vector attraction reduction requirements have been met. I am aware that there are significant penalties for false certification including the possibility of fine and imprisonment";
   7. (7) a description of how the pathogen requirements in either §312.82(c)(1) or (2) of this title are met;
   8. (8) a description of how the vector attraction reduction requirements in §312.83(b)(9), (10), or (12) of this title are met.

Source Note:The provisions of this §312.47 adopted to be effective October 13, 1995, 20 TexReg 7840.