Operation of the facility shall comply with all of the following operational requirements.

1. (1) Aerobic composting required. The facility shall utilize functionally aerobic composting methods, although an anaerobic composting phase may be utilized in the early stages of processing, if it is followed by a period of functionally aerobic composting.

2. (2) Pathogen reduction. One of the following protocols shall be used to reduce pathogens during composting:

   1. (A) using either the within-vessel composting method or the static aerated pile composting method, the temperature of the composting materials shall be maintained at 55 degrees Centigrade or higher for three days; or
   2. (B) using the windrow composting method, the temperature of the composting materials shall be maintained at 55 degrees Centigrade or higher for 15 days or longer. During the period when the composting materials are maintained at 55 degrees Centigrade or higher, there shall be a minimum of five turnings of the windrow.
3. (3) Prohibited substances. Fungicides, herbicides, insecticides or other pesticides that contain constituents listed in 40 CFR Part 261, Appendix VIII-Hazardous Constituents or on the Hazardous Substance List as defined in the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA) shall not be applied to or incorporated into feedstocks, in-process materials or processed materials.

Source Note:The provisions of this §332.23 adopted to be effective November 29, 1995, 20 TexReg 9717.