All composting facilities and backyard operations shall comply with all of the following general requirements.

1. (1) Compliance with Texas Water Code. The activities which are subject to this chapter shall be conducted in a manner which prevents the discharge of material to or the pollution of surface or groundwater in accordance with the provisions of the Texas Water Code, Chapter 26.
2. (2) Nuisance conditions. The composting, mulching, and land application of material shall be conducted in a sanitary manner which shall prevent the creation of nuisance conditions as mandated by the Texas Health and Safety Code, Chapters 341 and 382, and the Texas Water Code, Chapter 26, as defined in these regulations, and any other applicable regulations or statutes.
3. (3) Discharge to surface or groundwater. The discharge of material or the pollution of surface or groundwater resulting from the beneficial reuse and recycling of material is subject to enforcement by the commission and may result in the assessment of civil penalties.
4. (4) Compliance with federal laws. Facility operations shall be conducted in accordance with all applicable federal laws and regulations.
5. (5) Compliance with state laws. Facility operations shall be conducted in accordance with all applicable laws and regulations of the State of Texas.
6. (6) Facility operations. Facility operations shall not be conducted in a manner which causes endangerment of human health and welfare, or the environment.
7. (7) Operations on a municipal solid waste landfill unit. No composting activities shall be conducted on the cap of a municipal solid waste landfill without prior approval by the commission on a case by case basis.
8. (8) Operational requirement. Operations shall be conducted in such a manner to ensure that no unauthorized or prohibited materials are processed at the facility. All unauthorized or prohibited materials received by the facility shall be disposed of at an authorized facility in a timely manner.
9. (9) Leachate. Leachate from landfills and mixed municipal solid waste composting operations shall not be used on any composting process, except mixed municipal solid waste composting, and shall not be added subsequent to the designation of an end-product grade unless the product is reanalyzed to determine end-product quality.

10. (10) Nonhazardous industrial solid waste. This chapter applies to the composting, mulching, and land application of only the following nonhazardous industrial solid waste when the composting occurs on property which does not qualify for the exemption from the requirement of an industrial solid waste permit pursuant to §335.2(d) of this title (relating to Permit Required):

    1. (A) dead animal carcasses;
    2. (B) clean wood material;
    3. (C) vegetative material;
    4. (D) paper;
    5. (E) manure (including paunch manure);
    6. (F) meat feedstocks;
    7. (G) fish feedstocks;
    8. (H) dairy material feedstocks;
    9. (I) yard trimmings; and
    10. (J) oils and greases.
11. (11) Industrial and hazardous waste. Any of the materials listed in paragraph (10) of this section which are not managed in accordance with the requirements of this chapter, all hazardous wastes, and any nonhazardous industrial solid wastes not listed in paragraph (10) of this section shall be managed in accordance with Chapter 335 of this title (relating to Industrial Solid Waste and Municipal Hazardous Waste).
12. (12) The operator of a compost facility shall address the release of a chemical of concern from a compost facility to any environmental media under the requirements of Chapter 350 of this title (relating to Texas Risk Reduction Program) to perform the corrective action.

Source Note:The provisions of this §332.4 adopted to be effective November 29, 1995, 20 TexReg 9717; amended to be effective September 23, 1999, 24 TexReg 7417.