1. (a) This subchapter applies to any person who prepares sewage sludge that is placed on a surface disposal site, to the owner/operator of a surface disposal site, to sewage sludge placed on a surface disposal site, and to a surface disposal site.
2. (b) This subchapter does not apply to sewage sludge stored on the land or to the land on which sewage sludge is stored when the storage period is two years or less and the sewage sludge is stored at a treatment works authorized for such storage.

3. (c) This subchapter does not apply to sewage sludge at a treatment works authorized for such storage that remains on the land for longer than two years but less than five years when the person who prepares the sewage sludge demonstrates that the land on which the sewage sludge remains is not an active sludge unit or surface disposal site. The demonstration shall include the following information, which shall be reviewed and approved by the executive director and retained by the person who prepares the sewage sludge for the period that the sewage sludge remains on the land:

   1. (1) the name and address of the person who prepared the sewage sludge;
   2. (2) the name and address of the person who either owns the land or leases the land;
   3. (3) the location of the land, by latitude and longitude, street address if available, and boundary shown on a 7 1/2 minute quadrangle United States Geological Survey map;
   4. (4) an explanation of why sewage sludge needs to remain on the land for longer than two years prior to final use or disposal;
   5. (5) the date by which the sewage sludge will be used or disposed of. This date must clearly maintain a storage period less than five years.

Source Note:The provisions of this §312.61 adopted to be effective October 13, 1995, 20 TexReg 7840.