1. (a) Except as provided in subsection (b) of this section, storage of sludge at a beneficial land application site must not exceed 90 days. Storage is allowed only when the following requirements are carried out.

   1. (1) Written authorization must be obtained from the executive director prior to construction of the storage area.
   2. (2) The storage area must be operated and maintained to prevent surface water runoff and to prevent a release to groundwater. Discharge of storm water or wastewater which has come into contact with sewage sludge is prohibited. The storage area shall be designed to collect such runoff. Any runoff collected during the storage of sewage sludge shall be disposed in a manner to prevent a release to groundwater.
   3. (3) The storage area shall be designed, constructed, and operated in a manner which protects public health and the environment.
   4. (4) The storage area must be lined to prevent a release to groundwater. Natural or artificial liners are required for leachate control. A natural liner or equivalent barrier of one foot of compacted clay with a permeability coefficient of 1 x 10^-7 cm/sec or less must be provided. Various flexible synthetic membrane lining materials may be used in lieu of soil liners if prior written approval has been obtained from the executive director. The registrant shall furnish certification by a licensed professional engineer or licensed professional geoscientist that the completed storage area lining meets the appropriate criteria described in this section prior to using the facilities. The certification shall be signed, sealed, and dated by a licensed professional engineer or licensed professional geoscientist.
   5. (5) The application shall outline measures to be taken to minimize vectors and to avoid public health nuisances such as odors.
   6. (6) The storage area shall be fenced or other methods shall be used, if necessary to control access by humans or domestic animals.
   7. (7) Berms or dikes shall be constructed to contain the waste without leakage.
   8. (8) Liquid sludge must be stored in an enclosed vessel.
   9. (9) Processing of sludge is prohibited unless a permit is obtained from the commission.
   10. (10) In the event a person who prepares sewage sludge that is applied to the land or who applies sewage sludge to the land, is subject to an Odor Control Plan as described in §312.44(j)(4) of this title (relating to Management Practices), that person must comply with the terms of the applicable Odor Control Plan in order to store sewage sludge at a beneficial use site.
2. (b) Up to an additional 90 days of storage will be allowed with the prior approval of the appropriate Texas Commission on Environmental Quality regional office, for reasons associated with application area flooding, saturated soils, or frozen soils.

3. (c) Staging of sewage sludge on-site, prior to land application, is allowable without executive director approval. Staging of sewage sludge may only occur for a maximum of seven calendar days per location within the beneficial land application site. Up to an additional 14 days of staging sewage sludge will be allowed with the prior approval of the appropriate Texas Commission on Environmental Quality regional office, for reasons associated with application area flooding, saturated soils, frozen soils, or equipment failure. Written records of the location of each staging area and timeframe in which sewage sludge was staged shall be retained by the operator and be readily available for review by a TCEQ representative. The operator shall stage the sewage sludge away from odor receptors in order to:

   1. (1) prevent off-site dust migration from the staging area; and
   2. (2) prevent nuisance odors.

Source Note:The provisions of this §312.50 adopted to be effective October 13, 1995, 20 TexReg 7840; amended to be effective September 1, 2003, 28 TexReg 6300; amended to be effective October 2, 2014, 39 TexReg 7756.