1. (a) Applicability. This section shall apply to new municipal solid waste Type VI processing or handling facilities that manage only grease trap waste, grit trap waste, or septage or any combination of these three liquid wastes, and are seeking a registration to authorize such activities in accordance with §330.4(u) of this title (relating to Permit Required). For the purposes of this subsection grit trap waste means grit trap waste from car washes. Type VI facilities not meeting the exemption criteria may apply for a regular permit under §330.51 of this title (relating to Permit Application for Municipal Solid Waste Facilities).

2. (b) General facility design requirements.

   1. (1) A statement justifying the facility's exemption from permit requirements as established under §330.4(u) of this title must be included in the registration application. For the purposes of this subchapter, new processes for processing grit trap waste, grease trap waste, and septage are intended to be processes that are not currently in use in Texas.
   2. (2) The facility size shall be limited to a demonstration facility size, which shall be limited to no greater than 10,000 gallons per day.
   3. (3) The project duration shall be limited to a two year period. Re-registration of a demonstration facility may be considered only if the new method being demonstrated is not widely used in Texas.
   4. (4) The facility design and operation shall be coordinated with a consultant connected with an accredited college or university or with a consultant that has demonstrated the ability to carry out a scientific experiment for demonstrating new and unproven waste handling methods.
   5. (5) The registrant shall submit to the executive director an annual and final status report to document the viability of the method being demonstrated. The report, at a minimum, must document the effluent standards and solid waste standards achieved.
   6. (6) If applicable, waste solids produced by the processing facility shall be disposed of in a permitted solid waste disposal facility.
   7. (7) If applicable, liquid wastes produced by the processing facility may be discharged to a treatment facility permitted under the Texas Water Code, Chapter 26. In no event, however, shall such discharge inhibit or disrupt the treatment facility permitted under the Texas Water Code, Chapter 26, its treatment processes or operations, or its sludge processes, use or disposal as defined in 40 Code of Federal Regulations Part 403 "General Pretreatment Regulations for Existing and New Sources of Pollution."
   8. (8) At such time as the executive director determines that the registrant has documented viability of the method being demonstrated, the registrant shall file an application for a permit or registration, as applicable, pursuant to §330.4 of this title (relating to Permit Required). Timely filing of an administratively and technically complete application shall extend the demonstration project duration until such time as the registration or permit is issued. In the event that an application is not timely filed, is withdrawn by the executive director, or is denied, the demonstration project shall terminate.

3. (c) General registration, construction, and operation requirements.

   1. (1) Prior to beginning construction, a registration application must be submitted containing all information required by this section to demonstrate compliance with these regulations.
   2. (2) Prior to beginning construction, the applicant together with the executive director shall conduct a public meeting in the local area to describe the proposed action to the general public. A public meeting under this section is not a contested case hearing under the Administrative Procedure Act, Texas Government Code, Chapter 2001. Notice of the public meeting shall be given as prescribed by §305.107(c) of this title (relating to Public Meeting and Notice Requirements).
   3. (3) The operation of the facility shall not begin until a pre-opening inspection has been conducted and written authorization to accept waste has been given by the Executive Director.
   4. (4) Owners and operators must comply with all applicable requirements of this section.
   5. (5) Owners and operators shall remain responsible for making corrections or changes that are necessary to meet requirements prior to operating the facility.
   6. (6) If a registered facility does not begin construction within two years of obtaining its registration, the registration shall terminate and shall no longer be effective.
   7. (7) Any change in the site operating plan must be approved prior to implementation.

4. (d) Registration application. The registration application shall be a completed Part A Application Form and an engineering report prepared and sealed by a professional engineer as required by the Texas Engineering Practice Act. The engineering report shall consist of all applicable information required in §330.52 of this title (relating to Technical Requirements of Part I of the Application). Information required by §330.52 of this title includes, but is not limited to: maps, legal description, property owner affidavit, legal authority, evidence of competency, and evidence of financial assurance. Additional requirements of the contents of the engineering report are outlined as follows.

   1. (1) Number of copies. Applicants for registration shall submit four copies of the completed application for registration.

   2. (2) Land use narrative.

      1. (A) A land use narrative shall be included in the engineering report with a description of the surrounding land use within one-half mile of the site and generalized indications of land use shall be shown on a topographic map or recent aerial photograph (scale not over 1:12,000).
      2. (B) Where applicable, the applicant shall include documentation of local government review, approval, or acceptance of the site location, e.g., conformity with local zoning restrictions, building permit, license, nonconforming use authorization, etc. These regulations do not grant authorization for development/operation of the facility in noncompliance with local government ordinances and regulations.
      3. (C) Maps shall be supplied that comply with the requirements of §281.5 of this title (relating to Application for Wastewater Discharge, Underground Injection, Municipal Solid Waste, Hazardous Waste, and Industrial Solid Waste Management Permits) by locating the property owned by adjacent and potentially affected landowners. The maps should show all property ownership within 500 feet of the site.
      4. (D) The Adjacent and Potentially Affected Landowners List shall be keyed to the Land Ownership Maps and shall give each property owner's name and mailing address. The list shall comply with the requirements of §281.5 of this title. The list shall include all property owners within 500 feet of the site.

   3. (3) Site plan. A site plan shall be included in the engineering report showing the general design criteria incorporated in a set of general plans and specifications. A site layout plan, signed and sealed by the registered professional engineer preparing the plans shall be provided.

      1. (A) Waste identification. Design information shall be submitted identifying the sources and characteristics of waste proposed to be received for processing. An analysis of each general type of waste to be processed by the facility shall be submitted to include constituent concentrations and characteristics, including, but not limited to: pH; oil and grease concentration; total suspended solids; biochemical oxygen demand; biological oxygen demand; and other constituents that may impact the design or operation of the facility.
      2. (B) Solid waste data. The solid waste data shall include: the types and an estimate of the amount of each liquid waste to be received; the maximum amount of solid waste to be stored at any one point in time; the maximum and average lengths of time that solid waste is to remain on the site; the maximum and average waste processing times; and the intended destination of the solids and liquids generated by this facility, where applicable.
      3. (C) Processed wastes. The specifications for the general characteristics and constituent concentrations of all wastes leaving the facility shall be submitted, if applicable. Written documentation shall be included in the registration application for assurance that all processed waste (liquid and solid) leaving the facility will be adequately handled by other facilities, which are licensed, permitted, registered or otherwise authorized by the appropriate agencies to receive the solid and liquid wastes generated at the facility at the volumes and concentrations estimated in the facility design. An estimate shall be given for the amount and planned method for testing and final disposal of wastes resulting from the process. An estimate of the volume of process water and the planned method of treatment of such process water shall be provided.

      4. (D) Process design. A process design shall be included to show the general design of the overall processing facility. At a minimum, the following data shall be included:

         1. (i) flow diagrams indicating the processing sequences proposed for the various types of wastes received;
         2. (ii) schematic view drawings showing the various phases of collection, separation, treatment, and disposal, as applicable, for the types of wastes received for processing;
         3. (iii) proposed odor control measures for each storage, separation, and processing unit;
         4. (iv) generalized construction details of all treatment and storage components (i.e., tanks, sumps, etc.) with regard to approximate dimensions and capacities, construction materials, vents, covers, enclosures, protective coatings of exposed surfaces, etc. (Vendor performance data sheets on all units shall be provided if available and where applicable);
         5. (v) generalized construction details of slab and subsurface supports of all treatment and storage components;
         6. (vi) locations and engineering design details, including supporting calculations, of all spill containment dikes or walls (with indicated freeboard) proposed to enclose all treatment, processing, and storage components and all loading and unloading areas;
         7. (vii) plans for the on-site storage of grease, oil, and sludge, including maximum periods of time all recovered materials will remain on-site and the ultimate disposition of such materials off-site; and
         8. (viii) proposed disposition of effluent and sludge resulting from all treatment and processing operations.

   4. (4) Site operating plan. The operating plan must consider applicable requirements of Subchapter G of this chapter (relating to Operational Standards For Solid Waste Processing and Experimental Sites). Where applicable, the site operating plan shall include:

      1. (A) provisions for the control of accidental spillage at the facility;
      2. (B) provisions for periodic cleaning of storage, treatment, and processing units;
      3. (C) maximum allowable period of time unprocessed and processed waste are to remain on-site;
      4. (D) contingency plans for facility breakdown, catastrophic vessel failure, and accidental discharges;
      5. (E) quality control plans to ensure that hazardous waste and other unauthorized wastes will not be unloaded or processed at the facility;
      6. (F) plans indicating how wash waters will be collected and disposed of in an authorized manner;
      7. (G) a description of the facility operation;
      8. (H) operational characteristics of the equipment;
      9. (I) facility maintenance;
      10. (J) emergency procedures;
      11. (K) operating hours;
      12. (L) vector control procedures;
      13. (M) alternate processing procedures in the event the processing facility becomes inoperable for longer than 24 hours;
      14. (N) inspection of incoming loads;
      15. (O) record retention provisions for results of incoming load inspections;
      16. (P) training of personnel to recognize hazardous waste;
      17. (Q) handling procedures for hazardous waste suspected or discovered on-site;
      18. (R) record retention provisions for trip tickets as required by §312.145 of this title (relating to Transporters--Record Keeping); and
      19. (S) record retention provisions documenting the process or handling method.
   5. (5) Legal description. A legal description of the property, including the book and page number of the county deed records, and the name and address of the current property owner shall be submitted. The legal description shall be a metes and bounds description of the site signed and sealed by a registered professional land surveyor. A drawing of the description, signed and sealed by the surveyor, shall also be submitted. If the property is platted, the book and page number of the final plat record and a copy of the final plat shall be submitted.

   6. (6) Evidence of competency.

      1. (A) The applicant shall submit a list of all solid waste facilities which the applicant has owned or operated within the past ten years. The facility name, permit or registration number, location, and dates of operation shall also be submitted.
      2. (B) The names of the principals and supervisors of the applicant's organization shall be provided, together with previous affiliations with other organizations engaged in solid waste activities in Texas.
   7. (7) Evidence of financial assurance. Evidence of financial assurance shall be provided in accordance with Subchapter K of this chapter (relating to Closure, Post-Closure, and Corrective Action) and Chapter 37, Subchapter R of this title (relating to Financial Assurance for Municipal Solid Waste Facilities). A cost estimate of the cost to close the facility shall be submitted as part of the application.

   8. (8) Statement of applicant. The following document shall be signed, notarized, and submitted with the application:

      1. (A) Statement of Applicant:
         Attached Graphic
         
      2. (B) Statement of Applicant:
         Attached Graphic
         

5. (e) Design criteria. The engineering report for the registration application shall consider the following criteria.

   1. (1) Site access. The site access road from a publicly-owned roadway shall be at least a two-lane paved road, designed for the expected traffic flow. The access road design shall include adequate turning radii according to the vehicles that will utilize the site and shall avoid disruption of normal traffic patterns. A positive means to control dust and mud shall be provided.
   2. (2) Access control. Access to the site should be controlled by a perimeter fence with lockable gates. A sign shall be provided that gives the site name, registrant name, registration number, and operating hours.
   3. (3) Miscellaneous design details. The facility shall be designed in accordance with all local building code and land development code requirements.
   4. (4) Water pollution control. Provisions for the treatment of wastewaters from the facility shall be provided. A connection into a public sewer system is acceptable. The applicant shall obtain any permit or other approval required by state or local code for the system installed. A statement from the treatment facility permitted under the Texas Water Code, Chapter 26 of indicating the compatibility of the facility with the treatment facility shall be attached to the application. The daily effluent design standard for oil and grease concentration leaving the facility and entering a public sewer system shall not exceed 200 mg/liter or the concentration established in the wastewater discharge permit pretreatment limit. A discharge to a septic system is prohibited. In general, the following effluent standards should be used for design considerations:
      Attached Graphic
      

   5. (5) Air pollution and ventilation.

      1. (A) The facility shall be designed to prevent nuisance odors from leaving the property boundary of the authorized facility.
      2. (B) The facility shall be designed to allow a minimal time of exposure of liquid waste to the air.
      3. (C) All facilities and air pollution abatement devices constructed pursuant to this registration must obtain authorization, pursuant to Chapter 116 of this title (relating to Control of Air Pollution by Permits for New Construction or Modification), from the Office of Air Quality prior to the start of construction.
      4. (D) Ventilation of structures designed in accordance with applicable codes shall be provided. An air scrubber unit or equivalent technology for odor control shall be provided for any facility structure that houses a portion of the facility process that handles unprocessed liquid waste. Suitable deodorants such as biological deodorants, shall be made available to control odors from spills of untreated liquid waste.
      5. (E) Openings to processing buildings shall be controlled to prevent release of nuisance odors to the atmosphere. All air pollution emission capture and abatement equipment or equivalent technology shall be properly maintained and operated during the facility operation. Cleaning and maintenance of the abatement equipment shall be performed as recommended by the manufacturer and as necessary so that the equipment efficiency can be adequately maintained.
      6. (F) A design must be provided showing the unloading of liquid waste into the facility will be in a manner that minimizes waste contact with air. Air emissions from this facility must not cause or contribute to a condition of air pollution as defined in the Texas Clean Air Act.
      7. (G) All liquid waste and solid waste shall be stored in odor retaining containers and vessels.
      8. (H) If nuisance odors are found to be passing the facility boundary, the facility owner or operator may be required to suspend operations until the nuisance is abated. Notification for upsets and maintenance shall be made in accordance with §101.6 and §101.7 of this title (relating to Notification for Major Upset and Notification for Requirements for Maintenance).
   6. (6) Storage requirements. Storage of unprocessed waste shall be in an enclosed building, vessel, or container.
   7. (7) Fire protection. A fire protection plan shall be prepared. This fire protection plan shall describe fire protection procedures (a local fire department, fire hydrants, fire extinguishers, water tanks, water well, etc.), and employee training and safety procedures. The fire protection plan shall comply with local fire codes.
   8. (8) Noise pollution and screening. Screening or other measures to minimize noise pollution and adverse visual impacts shall be provided.
   9. (9) Site drainage. Drainage provisions for controlling surface water on or near the facility shall be provided. Drainage calculations shall be provided such as those established by standards in §330.55 of this title (relating to Site Development Plan).
   10. (10) Spill control facilities. The process area shall have secondary containment structures to prevent releases to the waters of the state and to control spills.
   11. (11) Waste analysis. After a registration is issued by the executive director, the registrant shall provide the executive director an analysis of a representative sample of each type of waste received each quarter or at a frequency determined by the executive director. At a minimum, analyses shall be made for benzene, lead, and total petroleum hydrocarbons (TPH). Sludges that are disposed of at a municipal solid waste landfill must be analyzed quarterly for benzene, lead, and TPH. Effluent from the facility must be analyzed quarterly for fats, oils, grease and pH. Records of each analysis shall be maintained at the facility for a minimum of five years.
   12. (12) Sludge control. Where applicable, the facility shall be designed and operated in a manner that sludges produced are dried to a point that they pass the Paint Filter Liquids Test, (EPA method 9095) as described in "Test Methods for Evaluating Solid Wastes, Physical/Chemical Methods" (EPA Publication Number SW-846) (September 1986). Generally, the facility should be designed and operated to produce a sludge that is acceptable at municipal landfills and does not exceed the following standards:
       Attached Graphic
       
   13. (13) Storage limits. The maximum time allowed for storage of unprocessed waste is 72 hours.
   14. (14) Hazardous waste. Receipt of hazardous waste is prohibited.
   15. (15) 100-year flood. The facility shall not be located in a 100-year floodplain.

6. (f) General prohibitions. A person may not cause, suffer, allow, or permit the collection, storage, transportation, processing, or disposal of liquid waste or solid waste, or the use or operation of a liquid waste processing facility to store, process, or dispose of liquid waste or solid waste, in violation of the Texas Solid Waste Disposal Act, or any regulations, rules, permit, license, registration, or order of the commission or in such a manner so as to cause:

   1. (1) the discharge or imminent threat of discharge of liquid waste or solid waste into or adjacent to the waters in the state without obtaining specific authorization for such discharge from the commission;
   2. (2) the creation and maintenance of a nuisance; or
   3. (3) the endangerment of the human health and welfare or the environment.
7. (g) Enforceability. The regulations under this section are enforceable by local governments of Texas.
8. (h) Motion for reconsideration. In regard to motions for reconsideration, notwithstanding §50.31(c)(8) of this title (relating to Purpose and Applicability), applications for registration under this subchapter are governed by §50.31(b)-(f) of this title (relating to Motion for Reconsideration). The rights of the public regarding motion for reconsideration shall be explained in public notices given under this section. Notice of issuance of registration shall be mailed to adjacent and potentially affected landowners as shown on the land ownership map and landowners list under subsection (d)(2)(C) and (D)of this section, and to any other person requesting notice. The applicant or a person affected may file with the chief clerk a motion for reconsideration, under §50.39(b)-(f) of this title, of the executive director's final approval of an application. Notice of issuance of registration shall be published once in the same manner as prescribed by §305.107(c) of this title.

9. (i) Variances.

   1. (1) In specific cases the executive director may approve a variance from the requirements of this section if the variance is not contrary to the public health and safety. A variance may not be approved concerning the procedural requirements of this section.
   2. (2) A request for a variance must be submitted in writing to the executive director. The request may be made in an application for a registration. Any approval of a variance must be in writing from the executive director.

Source Note:The provisions of this §330.73 adopted to be effective March 3, 1997, 22 TexReg 1815; amended to be effective March 21, 2000, 25 TexReg 2380.