1-1 By: Sims S.B. No. 977
1-2 (In the Senate - Filed March 7, 1995; March 8, 1995, read
1-3 first time and referred to Committee on Natural Resources;
1-4 May 3, 1995, reported adversely, with favorable Committee
1-5 Substitute by the following vote: Yeas 7, Nays 1; May 3, 1995,
1-6 sent to printer.)
1-7 COMMITTEE SUBSTITUTE FOR S.B. No. 977 By: Ratliff
1-8 A BILL TO BE ENTITLED
1-9 AN ACT
1-10 relating to the beneficial land application of biosolids.
1-11 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-12 SECTION 1. Subdivisions (37) and (38), Section 361.003,
1-13 Health and Safety Code, are amended to read as follows:
1-14 (37) This subdivision expires on delegation of the
1-15 Resource Conservation and Recovery Act authority to the Railroad
1-16 Commission of Texas. Subject to the limitations of 42 U.S.C.
1-17 Section 6903(27) and 40 C.F.R. Section 261.4(a), "solid waste"
1-18 means garbage, rubbish, refuse, sludge from a waste treatment
1-19 plant, water supply treatment plant, or air pollution control
1-20 facility, and other discarded material, including solid, liquid,
1-21 semisolid, or contained gaseous material resulting from industrial,
1-22 municipal, commercial, mining, and agricultural operations and from
1-23 community and institutional activities. The term:
1-24 (A) does not include:
1-25 (i) solid or dissolved material in
1-26 domestic sewage, or solid or dissolved material in irrigation
1-27 return flows, or industrial discharges subject to regulation by
1-28 permit issued under Chapter 26, Water Code;
1-29 (ii) soil, dirt, rock, sand, and other
1-30 natural or man-made inert solid materials used to fill land if the
1-31 object of the fill is to make the land suitable for the
1-32 construction of surface improvements; <or>
1-33 (iii) waste materials that result from
1-34 activities associated with the exploration, development, or
1-35 production of oil or gas or geothermal resources and other
1-36 substance or material regulated by the Railroad Commission of Texas
1-37 under Section 91.101, Natural Resources Code, unless the waste,
1-38 substance, or material results from activities associated with
1-39 gasoline plants, natural gas or natural gas liquids processing
1-40 plants, pressure maintenance plants, or repressurizing plants and
1-41 is hazardous waste as defined by the administrator of the United
1-42 States Environmental Protection Agency under the federal Solid
1-43 Waste Disposal Act, as amended by the Resource Conservation and
1-44 Recovery Act, as amended (42 U.S.C. Section 6901 et seq.); or
1-45 (iv) sewage sludge that has been processed
1-46 or treated to meet the definition of exceptional quality biosolids
1-47 as defined by Section 374.002; and
1-48 (B) does include hazardous substances, for the
1-49 purposes of Sections 361.271 through 361.277, 361.280, and 361.343
1-50 through 361.345.
1-51 (38) This subdivision is effective on delegation of
1-52 the Resource Conservation and Recovery Act authority to the
1-53 Railroad Commission of Texas. Subject to the limitations of 42
1-54 U.S.C. Section 6903(27) and 40 C.F.R. Section 261.4(a), "solid
1-55 waste" means garbage, rubbish, refuse, sludge from a waste
1-56 treatment plant, water supply treatment plant, or air pollution
1-57 control facility, and other discarded material, including solid,
1-58 liquid, semisolid, or contained gaseous material resulting from
1-59 industrial, municipal, commercial, mining, and agricultural
1-60 operations and from community and institutional activities. The
1-61 term:
1-62 (A) does not include:
1-63 (i) solid or dissolved material in
1-64 domestic sewage, or solid or dissolved material in irrigation
1-65 return flows, or industrial discharges subject to regulation by
1-66 permit issued under Chapter 26, Water Code;
1-67 (ii) soil, dirt, rock, sand, and other
1-68 natural or man-made inert solid materials used to fill land if the
2-1 object of the fill is to make the land suitable for the
2-2 construction of surface improvements; <or>
2-3 (iii) waste materials that result from
2-4 activities associated with the exploration, development, or
2-5 production of oil or gas or geothermal resources and other
2-6 substance or material regulated by the Railroad Commission of Texas
2-7 under Section 91.101, Natural Resources Code; or
2-8 (iv) sewage sludge that has been processed
2-9 or treated to meet the definition of exceptional quality biosolids
2-10 as defined by Section 374.002; and
2-11 (B) does include hazardous substances, for the
2-12 purposes of Sections 361.271 through 361.277, 361.280, and 361.343
2-13 through 361.345.
2-14 SECTION 2. Subsections (c) and (d), Section 361.022, Health
2-15 and Safety Code, are amended to read as follows:
2-16 (c) For municipal sludge, the following methods are
2-17 preferred, in the order listed:
2-18 (1) source reduction and minimization of <sludge
2-19 production and> concentrations of heavy metals and other toxins in
2-20 sludge;
2-21 (2) treatment of sludge to reduce pathogens and
2-22 generate usable biosolids, as defined by Section 374.002, to <and>
2-23 recover energy, to produce beneficial by-products, or to apply the
2-24 biosolids <reduce the quantity of sludge;>
2-25 <(3) marketing and distribution of sludge and sludge
2-26 products if the marketing and distribution do not threaten public
2-27 health, safety, or the environment;>
2-28 <(4) applying sludge> to land for beneficial use;
2-29 (3) <(5)> land treatment; or
2-30 (4) <(6)> landfilling and nonbeneficial incineration.
2-31 (d) In adopting rules to implement public policy concerning
2-32 municipal solid waste management, the commission <board of health>
2-33 shall consider the preference of municipal solid waste management
2-34 methods under this section.
2-35 SECTION 3. Subtitle B, Title 5, Health and Safety Code, is
2-36 amended by adding Chapter 374 to read as follows:
2-37 CHAPTER 374. BENEFICIAL LAND APPLICATION OF BIOSOLIDS
2-38 SUBCHAPTER A. GENERAL PROVISIONS
2-39 Sec. 374.001. PURPOSE; APPLICABILITY. (a) This chapter
2-40 establishes standards for the final use or disposal, through
2-41 beneficial land application, of biosolids and certain domestic
2-42 septage generated during the treatment of domestic sewage in a
2-43 treatment works. The standards consist of general requirements,
2-44 pollutant limits, management practices, and operational standards
2-45 and, if biosolids and certain domestic septage are to be applied to
2-46 the land, include frequency of monitoring and recordkeeping
2-47 requirements. Standards in this chapter apply only to biosolids or
2-48 certain treated domestic septage that is applied to the land. Also
2-49 included in this chapter are pathogen and vector attraction
2-50 reduction requirements for biosolids or certain treated domestic
2-51 septage applied to the land at or below an agronomic rate.
2-52 (b) This chapter applies to:
2-53 (1) a person who prepares sewage sludge or applies
2-54 biosolids or certain domestic septage to the land;
2-55 (2) biosolids or certain domestic septage applied to
2-56 the land; and
2-57 (3) land on which biosolids or certain domestic
2-58 septage is applied.
2-59 Sec. 374.002. DEFINITIONS. In this chapter:
2-60 (1) "Apply biosolids" or "biosolids applied to the
2-61 land" means land application of biosolids or certain domestic
2-62 septage.
2-63 (2) "Base flood" means a flood that has a one percent
2-64 chance of occurring in any given year (e.g., a flood with a
2-65 magnitude equalled once in 100 years).
2-66 (3) "Biosolids" means sewage sludge that:
2-67 (A) has been treated to a Class A or Class B
2-68 standard; and
2-69 (B) at least meets:
2-70 (i) the pollutant concentrations set by
3-1 Section 374.058(a); and
3-2 (ii) one of the vector attraction
3-3 reduction requirements of Sections 374.096(b)(1) through (10).
3-4 (4) "Commission" means the Texas Natural Resource
3-5 Conservation Commission.
3-6 (5) "Commissioner" means a member of the commission.
3-7 (6) "Cover crop" means a small grain crop, including
3-8 oats, wheat, or barley, that is not grown for harvest.
3-9 (7) "Clean Water Act" means the federal Clean Water
3-10 Act formerly referred to as either the Federal Water Pollution
3-11 Control Act or the Federal Water Pollution Control Act Amendments
3-12 of 1972 (Pub. L. No. 92-500, as amended by Pub. L. No. 95-217,
3-13 Pub. L. No. 95-576, Pub. L. No. 96-483, Pub. L. No. 97-117, and
3-14 Pub. L. No. 100-4; 33 U.S.C. Section 1251 et seq.).
3-15 (8) "Domestic septage" means either liquid or solid
3-16 material removed from a septic tank, cesspool, portable toilet,
3-17 Type III marine sanitation device, or similar treatment works that
3-18 receives only domestic sewage. The term does not include:
3-19 (A) liquid or solid material removed from a
3-20 septic tank, cesspool, or similar treatment works that receives
3-21 either commercial wastewater or industrial wastewater; or
3-22 (B) grease removed from a grease trap at a
3-23 restaurant.
3-24 (9) "Domestic sewage" means waste and wastewater from
3-25 humans or household operations that is discharged to or otherwise
3-26 enters a treatment works.
3-27 (10) "Dry weight basis" means calculated on the basis
3-28 of having been dried at 105 degrees Celsius until reaching a
3-29 constant mass (e.g., essentially 100 percent solids content).
3-30 (11) "EPA" means the United States Environmental
3-31 Protection Agency.
3-32 (12) "Exceptional quality biosolids" means biosolids
3-33 that have been treated to meet:
3-34 (A) the Class A pathogen requirements of
3-35 Sections 374.083 through 374.089;
3-36 (B) the pollutant concentrations set by Section
3-37 374.058(c); and
3-38 (C) one of the vector attraction reduction
3-39 requirements of Sections 374.096(b)(1) through (8).
3-40 (13) "Executive director" means the executive director
3-41 of the commission.
3-42 (14) "Feed crops" means crops produced primarily for
3-43 consumption by animals.
3-44 (15) "Fiber crops" means crops such as flax and
3-45 cotton.
3-46 (16) "Food crops" means crops consumed by humans,
3-47 including fruits, vegetables, and tobacco.
3-48 (17) "Groundwater" means water below the land surface
3-49 in the saturated zone.
3-50 (18) "Industrial wastewater" means wastewater
3-51 generated in a commercial or industrial process.
3-52 (19) "Municipality" means:
3-53 (A) a city, town, borough, county, parish,
3-54 district, association, or other public body, including an
3-55 intermunicipal agency of two or more of those entities, created by
3-56 or under state law;
3-57 (B) an Indian tribe or an authorized Indian
3-58 tribal organization having jurisdiction over sewage sludge
3-59 management;
3-60 (C) a designated and approved management agency
3-61 under Section 208 of the Clean Water Act (33 U.S.C. Section 1288);
3-62 (D) a special district created under state law,
3-63 including a water district, sewer district, sanitary district,
3-64 utility district, drainage district, or similar entity; and
3-65 (E) an integrated waste management facility as
3-66 defined by Section 201(e), Clean Water Act (33 U.S.C. Section
3-67 1281(e)), that has as one of its principal responsibilities the
3-68 treatment, transport, use, or disposal of sewage sludge.
3-69 (20) "Permitting authority" means the EPA or the state
3-70 if the state has an EPA-approved sludge management program.
4-1 (21) "Person who prepares sewage sludge" means a
4-2 person who:
4-3 (A) generates sewage sludge during the treatment
4-4 of domestic sewage in a treatment works; or
4-5 (B) derives a material from sewage sludge.
4-6 (22) "Place sewage sludge" or "sewage sludge placed"
4-7 means disposal of sewage sludge on a surface disposal site.
4-8 (23) "Pollutant" means an organic substance, an
4-9 inorganic substance, a combination of organic and inorganic
4-10 substances, or a pathogenic organism that, after discharge and on
4-11 exposure, ingestion, inhalation, or assimilation into an organism
4-12 either directly from the environment or indirectly by ingestion
4-13 through the food chain, could, on the basis of information
4-14 available to the executive director, cause death, disease,
4-15 behavioral abnormalities, cancer, genetic mutations, physiological
4-16 malfunctions, including malfunction in reproduction, or physical
4-17 deformations in organisms or offspring of the organisms.
4-18 (24) "Pollutant limit" means a numerical value that
4-19 describes:
4-20 (A) the amount of a pollutant allowed per unit
4-21 amount of sewage sludge (e.g., milligrams per kilogram of total
4-22 solids);
4-23 (B) the amount of a pollutant that can be
4-24 applied to a unit area of land (e.g., kilograms per hectare); or
4-25 (C) the volume of a material that can be applied
4-26 to a unit area of land (e.g., gallons per acre).
4-27 (25) "Runoff" means rainwater, leachate, or other
4-28 liquid that drains overland on any part of a land surface and runs
4-29 off of the land surface.
4-30 (26) "Sewage sludge" means solid, semisolid, or liquid
4-31 residue generated during the treatment of domestic sewage in a
4-32 treatment works, including domestic septage, scum or solids removed
4-33 in primary, secondary, or advanced wastewater treatment processes,
4-34 and a material derived from sewage sludge. The term does not
4-35 include ash generated during the firing of sewage sludge in a
4-36 sewage sludge incinerator or grit and screenings generated during
4-37 preliminary treatment of domestic sewage in a treatment works.
4-38 (27) "Soil type" means the following soil types as
4-39 identified on a soil survey map on the site:
4-40 (A) nonshrinking clay;
4-41 (B) clay loam;
4-42 (C) silty loam;
4-43 (D) loam;
4-44 (E) sandy loam;
4-45 (F) shrinking clay;
4-46 (G) sand;
4-47 (H) gravel; and
4-48 (I) thin or absent soil.
4-49 (28) "Soil survey map" means a map showing soils
4-50 delineations that is prepared or approved by the United States
4-51 Department of Agriculture, Natural Resources Conservation Service.
4-52 (29) "Store" or "storage of biosolids" means the
4-53 placement of biosolids on land as provided by Section 374.061(f).
4-54 The terms do not include the placement of sewage sludge on land for
4-55 treatment.
4-56 (30) "Treat" or "treatment of sewage sludge" means the
4-57 preparation of sewage sludge for final use or disposal, including
4-58 thickening, stabilization, or dewatering of sewage sludge. The
4-59 term does not include storage of sewage sludge.
4-60 (31) "Treatment works" means a federally owned,
4-61 publicly owned, or privately owned device or system used to treat,
4-62 recycle, or reclaim domestic sewage or a combination of domestic
4-63 sewage and industrial waste of a liquid nature.
4-64 (32) "Wetlands" means areas that are inundated or
4-65 saturated by surface water or groundwater at a frequency and
4-66 duration to support, and that under normal circumstances do
4-67 support, a prevalence of vegetation typically adapted for life in
4-68 saturated soil conditions. The term includes swamps, marshes,
4-69 bogs, and similar areas.
4-70 Sec. 374.003. PROHIBITION. A person may not use or dispose
5-1 of biosolids except in accordance with the requirements of this
5-2 chapter.
5-3 Sec. 374.004. PERMITS. Except as provided by this chapter,
5-4 the only permit required for biosolids or certain domestic septage
5-5 applied to the land as regulated by this chapter is a permit
5-6 required:
5-7 (1) for a treatment facility for waste discharge or
5-8 disposal under Section 26.027, Water Code; or
5-9 (2) under Chapter 382.
5-10 Sec. 374.005. REGISTRATION REQUIRED; APPLICATION.
5-11 (a) Except as expressly provided by this section, a person must
5-12 apply to the commission for a registration to beneficially apply
5-13 biosolids and certain domestic septage to land. A registration is
5-14 not required for marketing, distribution, or land application of
5-15 exceptional quality biosolids.
5-16 (b) An application form may request only the information
5-17 necessary for the commission to reasonably enforce this chapter and
5-18 for an applicant to show compliance with this chapter.
5-19 (c) The commission shall review an application to determine
5-20 if the application is administratively and technically complete not
5-21 later than the 10th day after the date the commission receives the
5-22 application. The commission may not revoke a finding of
5-23 administrative and technical completeness.
5-24 Sec. 374.006. NOTICE OF DEFICIENCY. (a) If the commission
5-25 determines an application is not administratively and technically
5-26 complete, the commission shall mail the applicant a notice of
5-27 deficiency that sets forth any deficiency in the application. An
5-28 applicant must respond to the commission not later than the 30th
5-29 day after the date the commission mails the notice of deficiency.
5-30 (b) The commission must send an additional notice of
5-31 deficiency not later than the 10th day after the date the
5-32 commission receives a response to a prior notice of deficiency.
5-33 (c) The commission may have only one notice of deficiency
5-34 pending for each application site at any time. Any supplemental
5-35 notice of deficiency may address only an applicant's response to a
5-36 previous notice of deficiency.
5-37 Sec. 374.007. NOTICE OF APPLICATION FOR LAND APPLICATION.
5-38 (a) Except for biosolids that are Class A in respect to pathogen
5-39 reduction, at the time an application for a new beneficial land
5-40 application project becomes administratively and technically
5-41 complete, the commission shall mail a copy of the application to
5-42 the county judge of the county in which the project is proposed to
5-43 be located and shall mail written notice of the application to all
5-44 persons shown in the current records of the appraisal district on
5-45 the date of administrative and technical completeness to be the
5-46 owners of the property adjacent to the property proposed to be
5-47 registered.
5-48 (b) The notice shall read as follows: "(commission to
5-49 insert name of applicant) has filed an application with the Texas
5-50 Natural Resource Conservation Commission to apply treated
5-51 (biosolids or certain domestic septage) to the property owned by
5-52 (name of owner) located at (commission to insert address or other
5-53 description sufficient to describe the location of the application
5-54 site). The proper beneficial application of (biosolids or certain
5-55 domestic septage) treated in accordance with state and federal
5-56 regulations has proven to be an effective and safe method of
5-57 providing for soil conditioning and fertilization. The commission
5-58 will review the application to determine whether the applicant and
5-59 the site can meet the requirements of Chapter 374, Health and
5-60 Safety Code. As part of this review, the commission will hold a
5-61 public meeting with interested parties, including the applicant, if
5-62 you request the meeting. If you desire a public meeting, please
5-63 send your written request to (commission to insert name, title, and
5-64 address of contact person) on or before (commission to insert date
5-65 that is the 10th day after the date notice is mailed) and identify
5-66 the request as being for a public meeting regarding the application
5-67 for beneficial land application by (commission to insert
5-68 applicant's name). If you wish to review the application, a copy
5-69 of the application is located at your county judge's office and
5-70 also at our offices in Austin. If you have any questions or
6-1 concerns, please contact (commission to insert name, title, address
6-2 and telephone of commission contact person)."
6-3 (c) The notice shall also include literature from the
6-4 commission that describes the benefits of beneficial land
6-5 application and informs the public that beneficial land application
6-6 projects that comply with this chapter are safe.
6-7 (d) The public meeting shall be held not earlier than the
6-8 20th day and not later than the 45th day after the date the
6-9 application becomes administratively and technically complete. The
6-10 public meeting shall be held in the county in which the site will
6-11 be located. If the site is in more than one county, the meeting
6-12 shall be held in the county in which the majority of the
6-13 application site is located.
6-14 Sec. 374.008. MAILING OF NOTICE. All notices from the
6-15 commission to an applicant must be sent by certified mail, return
6-16 receipt requested.
6-17 Sec. 374.009. GRANT OF APPLICATION; UPDATE; TERM; TRANSFER.
6-18 (a) If a public meeting is not held, the commission shall grant a
6-19 registration application not later than the 30th day after the date
6-20 the application is administratively and technically complete if
6-21 there are no further technical corrections to be made to the
6-22 application. If a public meeting is held, the commission shall
6-23 grant a registration application not later than the 75th day after
6-24 the date the application is administratively and technically
6-25 complete if the applicant is in compliance with this chapter.
6-26 (b) Site registration information on file with the
6-27 commission must be confirmed or updated, in writing, if:
6-28 (1) the name, mailing address, or telephone number of
6-29 the owner or operator is changed;
6-30 (2) the executive director requests the confirmation
6-31 or update; or
6-32 (3) the source of the biosolids or certain domestic
6-33 septage is modified.
6-34 (c) The commission shall automatically renew a registration
6-35 every five years from the date the initial registration is granted.
6-36 A registration renewal incorporates new standards required by
6-37 changes in federal or state law. This subsection does not limit
6-38 the commission's authority to suspend or revoke a permit under
6-39 other law.
6-40 (d) A registration may be transferred. The executive
6-41 director may not unreasonably deny a transfer request.
6-42 (e) Except as provided by Section 374.010, the commission
6-43 may not adopt or impose a rule, procedure, form, policy, or
6-44 guideline, whether written or unwritten, that has the effect of
6-45 imposing a more stringent requirement for the beneficial land
6-46 application of biosolids or certain domestic septage than that
6-47 established in this chapter. The commission may adopt procedural
6-48 rules and forms to implement this chapter, including rules for
6-49 technical review of registration applications, and rules to allow
6-50 an applicant to correct technical deficiencies that may arise or
6-51 become evident after a determination of technical completeness. An
6-52 agency rule that exceeds the agency's express authority and
6-53 limitations under this chapter or against the intent of this
6-54 chapter is not valid or enforceable unless required by federal law.
6-55 This subsection does not prohibit the commission from enforcing
6-56 this chapter, imposing fees established in Section 361.013, or
6-57 regulating other aspects of sewage sludge or biosolids, including
6-58 transportation, surface disposal, or incineration. A change to 40
6-59 C.F.R. Part 503 that is adopted after January 1, 1995, supersedes a
6-60 provision of this chapter.
6-61 Sec. 374.010. ADDITIONAL OR MORE STRINGENT REQUIREMENTS. On
6-62 a case-by-case basis, the commissioners may impose requirements for
6-63 the use or disposal of biosolids or certain domestic septage in
6-64 addition to or more stringent than the requirements in this chapter
6-65 as necessary to protect the public health and the environment from
6-66 any documented, demonstrable adverse effect of a pollutant in the
6-67 biosolids or certain domestic septage.
6-68 Sec. 374.011. EXCLUSIONS. (a) This chapter does not
6-69 require the selection of a sewage sludge use or disposal practice.
6-70 The determination of the manner in which sewage sludge is used or
7-1 disposed is a local determination.
7-2 (b) This chapter does not establish requirements for:
7-3 (1) processes used to treat domestic sewage or for
7-4 processes used to treat sewage sludge before final use or disposal,
7-5 except as provided by Sections 374.083 through 374.096; or
7-6 (2) the use or disposal of:
7-7 (A) sludge generated at an industrial facility
7-8 during the treatment of industrial wastewater, including sewage
7-9 sludge generated during the treatment of industrial wastewater
7-10 combined with domestic sewage;
7-11 (B) sewage sludge determined to be hazardous in
7-12 accordance with 40 C.F.R. Part 261 or Section 361.003(14);
7-13 (C) sewage sludge with a concentration of
7-14 polychlorinated biphenyls (PCBs) equal to or greater than 50
7-15 milligrams per kilogram of total solids (dry weight basis);
7-16 (D) ash generated during the firing of sewage
7-17 sludge in a sewage sludge incinerator;
7-18 (E) grit (e.g., sand, gravel, cinders, or other
7-19 materials with a high specific gravity) or screenings (e.g.,
7-20 relatively large materials such as rags) generated during
7-21 preliminary treatment of domestic sewage in a treatment works;
7-22 (F) sludge generated during the treatment of
7-23 either surface water or groundwater used for drinking water;
7-24 (G) commercial septage, industrial septage, a
7-25 mixture of domestic septage and commercial septage, or a mixture of
7-26 domestic septage and industrial septage; or
7-27 (H) experimental use, if the following
7-28 conditions are met at the time the biosolids are placed on a
7-29 beneficial use site or reclamation site:
7-30 (i) the pollutant concentrations set by
7-31 Section 374.058(c) are met;
7-32 (ii) one of the vector attraction
7-33 reduction methods of Sections 374.096(b)(1) through (11) is met;
7-34 (iii) the Class A pathogen requirements of
7-35 Sections 374.083 through 374.089 or the Class B pathogen
7-36 requirements of Sections 374.090 through 374.093 are met;
7-37 (iv) the applicant has received written
7-38 approval from the executive director before commencement of
7-39 operations for the experimental project; and
7-40 (v) the applicant has submitted to the
7-41 executive director the aims and goals of the project and any other
7-42 additional information the executive director believes necessary to
7-43 establish the experimental nature of the project.
7-44 (c) If more than 50 percent of the effluent processed by a
7-45 municipal treatment plant has been generated at an industrial
7-46 facility, the executive director may elect to regulate the use and
7-47 disposal of the sewage sludge under Chapter 361 and other
7-48 commission rules.
7-49 Sec. 374.012. REQUIREMENT FOR PERSON WHO PREPARES SEWAGE
7-50 SLUDGE. A person who prepares sewage sludge shall ensure that the
7-51 applicable requirements in this chapter are met when the biosolids
7-52 or certain domestic septage is applied to the land or placed on a
7-53 surface disposal site.
7-54 Sec. 374.013. SAMPLING AND ANALYSIS. (a) Representative
7-55 samples of biosolids or certain domestic septage that is applied to
7-56 the land shall be collected and analyzed.
7-57 (b) The materials listed in Subdivisions (1) through (8) are
7-58 incorporated by reference in this chapter. The materials are
7-59 incorporated as they exist on September 1, 1995, and the commission
7-60 shall maintain copies of these materials available for public
7-61 inspection. The commission shall publish notice of any changes to
7-62 these materials in the Texas Register. Methods in the materials
7-63 listed in Subdivisions (1) through (8) must be used to analyze
7-64 samples of sewage sludge, and calculation procedures in the
7-65 materials must be used to calculate the percent volatile solids
7-66 reduction for sewage sludge:
7-67 (1) enteric viruses--ASTM Designation: D 4994-89,
7-68 "Standard Practice for Recovery of Viruses from Wastewater
7-69 Sludges," Annual Book of ASTM Standards: Section 11--Water and
7-70 Environmental Technology, ASTM, Philadelphia, PA., 1992;
8-1 (2) fecal coliform--Part 9221 E. or Part 9222 D.,
8-2 "Standard Methods for the Examination of Water and Wastewater,"
8-3 18th Edition, American Public Health Association, Washington, D.C.,
8-4 1992;
8-5 (3) helminth ova--Yanko, W.A., "Occurrence of
8-6 Pathogens in Distribution and Marketing of Municipal Sludges", EPA
8-7 600/1-87-014, 1987. PB 88-154273/AS, National Technical
8-8 Information Service, Springfield, VA;
8-9 (4) inorganic pollutants--"Test Methods for Evaluating
8-10 Solid Waste, Physical/Chemical Methods", EPA Publication SW-846,
8-11 2nd Edition (1982) with Updates I and II and 3rd Edition (1986)
8-12 with Revision I. 2nd Edition--PB87-120-291, National Technical
8-13 Information Service, Springfield, Virginia. 3rd Edition--Document
8-14 number 955-001-00000-1, Superintendent of Documents, Government
8-15 Printing Office, Washington, D.C.;
8-16 (5) salmonella sp. bacteria--Part 9260 D., "Standard
8-17 Methods for the Examination of Water and Wastewater," 18th Edition,
8-18 American Public Health Association, Washington, D.C., 1992; or
8-19 Kenner, B.A. and H.P. Clark, "Detection and Enumeration of
8-20 Salmonella and Pseudomonas aeruginosa", J. Water Pollution Control
8-21 Federation, 46(9):2163-2171, 1974;
8-22 (6) specific oxygen uptake rate--Part 2710 B.,
8-23 "Standard Methods for the Examination of Water and Wastewater,"
8-24 18th Edition, American Public Health Association, Washington, D.C.,
8-25 1992;
8-26 (7) total, fixed, and volatile solids--Part 2540 G.,
8-27 "Standard Methods for the Examination of Water and Wastewater,"
8-28 18th Edition, American Public Health Association, Washington, D.C.,
8-29 1992; and
8-30 (8) percent volatile solids reduction
8-31 calculation--"Environmental Regulations and Technology--Control of
8-32 Pathogens and Vectors in Sewage Sludge," EPA-625/R-92/013, U.S.
8-33 Environmental Protection Agency, Cincinnati, OH, 1992.
8-34 (c) At the time the applicant applies to the commission for
8-35 a new registration and once every five years from the date the
8-36 registration is granted, the applicant must provide the commission
8-37 with soil samples to determine the background levels of the
8-38 pollutants listed in Subsection (b) in the top six inches of the
8-39 soil as provided by this subsection. In the event of a
8-40 registration renewal, an applicant must provide the commission with
8-41 test results only for registered areas on which biosolids have been
8-42 applied during the preceding five years. The applicant shall
8-43 provide to the commission the test results of one composite soil
8-44 sample, based on 10 random soil samples, for each soil type. If no
8-45 soil survey map exists for the proposed registration site, the
8-46 applicant may contract with the United States Department of
8-47 Agriculture, Natural Resources Conservation Service (USDA-NRCS), or
8-48 with a person or entity acceptable to the USDA-NRCS, to prepare
8-49 USDA-NRCS soil survey maps for the area and provide to the
8-50 commission the test results required by this subsection. An
8-51 applicant must, at the time of application, provide the commission
8-52 with a USDA-NRCS soil survey map for the registration site or a
8-53 letter from the USDA-NRCS state or district office certifying that
8-54 the applicant's soil survey maps sufficiently identify the soil
8-55 types on the maps.
8-56 (Sections 374.014 to 374.050 reserved for expansion
8-57 SUBCHAPTER B. LAND APPLICATION
8-58 Sec. 374.051. DEFINITIONS. In this subchapter:
8-59 (1) "Agricultural land" means the land on which a food
8-60 crop, a feed crop, or a fiber crop is grown. The term includes
8-61 rangeland and land used as pasture.
8-62 (2) "Agronomic rate" means the whole biosolids
8-63 application rate (dry weight basis) designed to:
8-64 (A) provide the amount of nitrogen needed by the
8-65 food crop, feed crop, fiber crop, cover crop, or vegetation grown
8-66 on the land; and
8-67 (B) minimize the amount of nitrogen in the
8-68 biosolids that passes below the root zone of the crop or vegetation
8-69 grown on the land to the groundwater.
8-70 (3) "Annual pollutant loading rate" means the maximum
9-1 amount of a pollutant that can be applied to a unit area of land
9-2 during a 365-day period.
9-3 (4) "Annual whole biosolids application rate" means
9-4 the maximum amount of biosolids (dry weight basis) that can be
9-5 applied to a unit area of land during a 365-day period.
9-6 (5) "Bulk biosolids" means biosolids that are not sold
9-7 or given away in a bag or other container for application to the
9-8 land.
9-9 (6) "Cumulative pollutant loading rate" means the
9-10 maximum amount of an inorganic pollutant that can be applied to an
9-11 area of land.
9-12 (7) "Forest" means a tract of land thick with trees
9-13 and underbrush.
9-14 (8) "Land application" means:
9-15 (A) the spraying or spreading of biosolids or
9-16 certain domestic septage onto the land surface;
9-17 (B) the injection of biosolids or certain
9-18 domestic septage below the land surface; or
9-19 (C) the incorporation of biosolids or certain
9-20 domestic septage into the soil so that the biosolids or certain
9-21 domestic septage can either condition the soil or fertilize crops
9-22 or vegetation grown in the soil.
9-23 (9) "Monthly average" is the arithmetic mean of all
9-24 measurements taken during the month.
9-25 (10) "Other container" means an open or closed
9-26 receptacle, including a bucket, a box, a carton, and a vehicle or
9-27 trailer with a load capacity of one metric ton or less.
9-28 (11) "Pasture" means land on which animals feed
9-29 directly on feed crops such as legumes, grasses, grain stubble, or
9-30 stover.
9-31 (12) "Public contact site" means land with a high
9-32 potential for contact by the public, including a public park, ball
9-33 field, cemetery, plant nursery, turf farm, or golf course.
9-34 (13) "Rangeland" means open land with indigenous
9-35 vegetation.
9-36 (14) "Reclamation site" means drastically disturbed
9-37 land that is reclaimed using biosolids or certain domestic septage,
9-38 including strip mines and construction sites.
9-39 Sec. 374.052. APPLICABILITY OF SUBCHAPTER. This subchapter
9-40 applies to:
9-41 (1) a person who prepares sewage sludge that is
9-42 applied to the land;
9-43 (2) a person who applies biosolids or certain domestic
9-44 septage to the land;
9-45 (3) biosolids or certain domestic septage applied to
9-46 the land; and
9-47 (4) land on which biosolids or certain domestic
9-48 septage is applied.
9-49 Sec. 374.053. GENERAL REQUIREMENTS AND MANAGEMENT PRACTICES
9-50 NOT APPLICABLE. The general requirements of Section 374.056 and
9-51 the management practices required by Section 374.061 do not apply
9-52 to:
9-53 (1) land application of bulk biosolids, if the bulk
9-54 biosolids are exceptional quality biosolids;
9-55 (2) land application of bulk material derived from
9-56 sewage sludge, if the derived bulk material meets:
9-57 (A) the pollutant concentrations set by Section
9-58 374.058(c);
9-59 (B) the Class A pathogen requirements of
9-60 Sections 374.083 through 374.089; and
9-61 (C) one of the vector attraction reduction
9-62 requirements of Sections 374.096(b)(1) through (8);
9-63 (3) the sale or giveaway of biosolids in a bag or
9-64 other container for land application if the biosolids sold or given
9-65 away in a bag or other container for land application meet:
9-66 (A) the pollutant concentrations set by Section
9-67 374.058(c);
9-68 (B) the Class A pathogen requirements of
9-69 Sections 374.083 through 374.089; and
9-70 (C) one of the vector attraction reduction
10-1 requirements of Sections 374.096(b)(1) through (8); and
10-2 (4) sale or giveaway of material derived from sewage
10-3 sludge in a bag or other container for land application, if the
10-4 derived material meets:
10-5 (A) the pollutant concentrations set by Section
10-6 374.058(c);
10-7 (B) the Class A pathogen requirements of
10-8 Sections 374.083 through 374.089; and
10-9 (C) one of the vector attraction reduction
10-10 requirements of Sections 374.096(b)(1) through (8).
10-11 Sec. 374.054. LAND APPLICATION REQUIREMENTS NOT APPLICABLE.
10-12 The requirements in this subchapter do not apply to:
10-13 (1) land application of a bulk material derived from
10-14 sewage sludge, if the sewage sludge from which the bulk material is
10-15 derived meets:
10-16 (A) the pollutant concentrations set by Section
10-17 374.058(c);
10-18 (B) the Class A pathogen requirements of
10-19 Sections 374.083 through 374.089; and
10-20 (C) one of the vector attraction reduction
10-21 requirements of Sections 374.096(b)(1) through (8); or
10-22 (2) the sale or giveaway of a material derived from
10-23 sewage sludge in a bag or other container, if the sewage sludge
10-24 from which the material is derived meets:
10-25 (A) the pollutant concentrations set by Section
10-26 374.058(c);
10-27 (B) the Class A pathogen requirements of
10-28 Sections 374.083 through 374.089; and
10-29 (C) one of the vector attraction reduction
10-30 requirements of Sections 374.096(b)(1) through (8).
10-31 Sec. 374.055. EXECUTIVE DIRECTOR MAY APPLY GENERAL
10-32 REQUIREMENTS AND MANAGEMENT PRACTICES. The executive director may
10-33 apply any or all of the general requirements of Section 374.056 or
10-34 the management practices required by Section 374.061 to the bulk
10-35 biosolids described in Section 374.053(1) and the bulk material
10-36 described in Section 374.053(2) on a case-by-case basis after
10-37 determining that the requirements or practices are needed to
10-38 protect the public health and the environment from any reasonably
10-39 anticipated adverse effect that may occur from any pollutant in the
10-40 bulk biosolids.
10-41 Sec. 374.056. GENERAL REQUIREMENTS. (a) A person may not
10-42 apply biosolids or certain domestic septage to land except in
10-43 accordance with this subchapter.
10-44 (b) A person may not apply bulk biosolids subject to the
10-45 cumulative pollutant loading rates set by Section 374.058(b) to
10-46 agricultural land, a forest, a public contact site, or a
10-47 reclamation site if any of the cumulative pollutant loading rates
10-48 set by Section 374.058(b) have been reached.
10-49 (c) A person may not apply domestic septage to agricultural
10-50 land, a forest, or a reclamation site during a 365-day period if
10-51 the annual application rate in Section 374.059 has been reached
10-52 during that period.
10-53 (d) A person who prepares bulk sewage sludge that is applied
10-54 to agricultural land, a forest, a public contact site, or a
10-55 reclamation site shall notify in writing the person who applies the
10-56 bulk biosolids regarding the concentration of total nitrogen (as N
10-57 on a dry weight basis) in the bulk sewage sludge.
10-58 (e) A person who applies biosolids to land must obtain
10-59 information needed to comply with this subchapter.
10-60 (f) Before bulk biosolids subject to the cumulative
10-61 pollutant loading rates set by Section 374.058(b) are applied to
10-62 land, a person who proposes to apply the bulk biosolids must
10-63 contact the commission to determine whether bulk biosolids subject
10-64 to those loading rates have been applied to the site since August
10-65 19, 1993.
10-66 (g) If bulk biosolids subject to the cumulative pollutant
10-67 loading rates set by Section 374.058(b) have not been applied to
10-68 the site since August 19, 1993, the cumulative amount for each
10-69 pollutant listed in Section 374.058(b) may be applied to the site
10-70 as provided by Section 374.057(b)(1).
11-1 (h) If bulk sewage sludge subject to the cumulative
11-2 pollutant loading rates set by Section 374.058(b) has been applied
11-3 to the site since August 19, 1993, and the cumulative amount of
11-4 each pollutant applied to the site in the bulk biosolids since that
11-5 date is known, the cumulative amount of each pollutant applied to
11-6 the site shall be used to determine the additional amount of each
11-7 pollutant that may be applied to the site as provided by Section
11-8 374.057(b)(1).
11-9 (i) If bulk biosolids subject to the cumulative pollutant
11-10 loading rates set by Section 374.058(b) have been applied to the
11-11 site since August 19, 1993, and the cumulative amount of each
11-12 pollutant in the bulk biosolids applied to the site since that date
11-13 is not known, an additional amount of each pollutant may not be
11-14 applied to the site under Section 374.057(b)(1).
11-15 (j) If a person who prepares bulk sewage sludge provides the
11-16 bulk biosolids to a person who applies the bulk biosolids to land,
11-17 the person who prepares the bulk sewage sludge shall provide to the
11-18 person who applies the bulk biosolids notice and necessary
11-19 information to comply with this subchapter.
11-20 (k) If a person who prepares sewage sludge provides the
11-21 sewage sludge to another person who prepares the sewage sludge, the
11-22 person who provides the sewage sludge shall provide to the person
11-23 who receives the sewage sludge notice and necessary information to
11-24 comply with this subchapter.
11-25 (l) A person who applies bulk biosolids to the land shall
11-26 provide to the owner or lease holder of the land on which the bulk
11-27 biosolids are applied notice and necessary information to comply
11-28 with this subchapter.
11-29 (m) A person who prepares bulk sewage sludge that is applied
11-30 to land in a state other than Texas shall provide written notice,
11-31 before the initial application of bulk biosolids to the land
11-32 application site by the applier, to the permitting authority for
11-33 the state in which the bulk biosolids are proposed to be applied.
11-34 The notice must include the:
11-35 (1) location, by street address or by latitude and
11-36 longitude, of each land application site;
11-37 (2) approximate time during which bulk biosolids will
11-38 be applied to the site;
11-39 (3) name, address, telephone number, and National
11-40 Pollutant Discharge Elimination System permit number or Texas water
11-41 quality permit number, if appropriate, of the person who prepares
11-42 the bulk sewage sludge; and
11-43 (4) name, address, telephone number, and National
11-44 Pollutant Discharge Elimination System permit number or Texas water
11-45 quality permit number, if appropriate, of the person who will apply
11-46 the bulk biosolids.
11-47 (n) A person who applies bulk biosolids to land subject to
11-48 the cumulative pollutant loading rates set by Section 374.057(b)
11-49 shall provide written notice, before the initial application of
11-50 bulk biosolids to a land application site by the applier, to the
11-51 commission. The commission shall retain and provide access to the
11-52 notice. The notice must include the:
11-53 (1) location, by street address or by latitude and
11-54 longitude, of the land application site; and
11-55 (2) name, address, telephone number, and National
11-56 Pollutant Discharge Elimination System permit number or Texas water
11-57 quality permit number, if appropriate, of the person who will apply
11-58 the bulk biosolids.
11-59 Sec. 374.057. POLLUTANT LIMITS: BIOSOLIDS. (a) Bulk
11-60 biosolids or biosolids sold or given away in a bag or other
11-61 container may not be applied to the land if the concentration of
11-62 any pollutant in the biosolids exceeds the ceiling concentration
11-63 for the pollutant set by Section 374.058(a).
11-64 (b) If bulk biosolids are applied to agricultural land, a
11-65 forest, a public contact site, or a reclamation site:
11-66 (1) the cumulative loading rate for each pollutant may
11-67 not exceed the cumulative pollutant loading rate for the pollutant
11-68 set by Section 374.058(b); or
11-69 (2) the concentration of each pollutant in the
11-70 biosolids may not exceed the concentration for the pollutant set by
12-1 Section 374.058(c).
12-2 (c) If bulk biosolids are applied to a lawn or a home
12-3 garden, the concentration of each pollutant in the biosolids may
12-4 not exceed the concentration for the pollutant set by Section
12-5 374.058(c).
12-6 (d) If biosolids are sold or given away in a bag or other
12-7 container for application to land:
12-8 (1) the concentration of each pollutant in the
12-9 biosolids may not exceed the concentration for the pollutant set by
12-10 Section 374.058(c); or
12-11 (2) the product of the concentration of each pollutant
12-12 in the biosolids and the annual whole biosolids application rate,
12-13 determined under Section 374.059, for the biosolids may not exceed
12-14 the annual pollutant loading rate for the pollutant set by Section
12-15 374.058(d).
12-16 Sec. 374.058. POLLUTANT CONCENTRATIONS AND LOADING RATES:
12-17 BIOSOLIDS. (a) The ceiling concentrations for pollutants in
12-18 biosolids are:
12-19 CEILING CONCENTRATION
12-20 POLLUTANT (MILLIGRAMS PER KILOGRAM)
12-21 (DRY WEIGHT BASIS)
12-22 Arsenic 75
12-23 Cadmium 85
12-24 Chromium 3,000
12-25 Copper 4,300
12-26 Lead 840
12-27 Mercury 57
12-28 Molybdenum 75
12-29 Nickel 420
12-30 Selenium 100
12-31 Zinc 7,500
12-32 (b) The cumulative pollutant loading rates for biosolids
12-33 are:
12-34 CUMULATIVE POLLUTANT LOADING RATE
12-35 POLLUTANT (KILOGRAMS PER HECTARE)
12-36 Arsenic 41
12-37 Cadmium 39
12-38 Chromium 3,000
12-39 Copper 1,500
12-40 Lead 300
12-41 Mercury 17
12-42 Nickel 420
12-43 Selenium 100
12-44 Zinc 2,800
12-45 (c) The pollutant concentrations for biosolids are:
12-46 POLLUTANT CONCENTRATIONS
12-47 POLLUTANT (MILLIGRAMS PER KILOGRAM)
12-48 (DRY WEIGHT BASIS)
12-49 Arsenic 41
12-50 Cadmium 39
12-51 Chromium 1,200
12-52 Copper 1,500
12-53 Lead 300
12-54 Mercury 17
12-55 Nickel 420
12-56 Selenium 36
12-57 Zinc 2,800
12-58 (d) The annual pollutant loading rates for biosolids are:
12-59 ANNUAL POLLUTANT LOADING RATE
12-60 POLLUTANT (KILOGRAMS PER HECTARE PER 365-DAY PERIOD)
12-61 Arsenic 2.0
12-62 Cadmium 1.9
12-63 Chromium 150
12-64 Copper 75
12-65 Lead 15
12-66 Mercury 0.85
12-67 Nickel 21
12-68 Selenium 5.0
12-69 Zinc 140
12-70 Sec. 374.059. PROCEDURE TO DETERMINE ANNUAL WHOLE BIOSOLIDS
13-1 APPLICATION RATE FOR BIOSOLIDS. (a) The relationship between the
13-2 annual pollutant loading rate (APLR) for a pollutant and the annual
13-3 whole biosolids application rate (AWBAR) for biosolids is shown in
13-4 the following equation:
13-5 Where:
13-6 365-day period.لل
13-7 solids (dry weight basis).لل
13-8 hectare per 365-day period (dry weight basis).لل
13-9 (b) To determine the annual whole biosolids application rate
13-10 (AWBAR), the equation is:
13-11 (c) The procedure used to determine the annual whole
13-12 biosolids application rate (AWBAR) for biosolids is:
13-13 Step 1. Analyze a sample of the biosolids to determine
13-14 the concentration in the biosolids of each of the pollutants listed
13-15 in Section 374.058(d).
13-16 Step 2. Using the pollutant concentrations from Step 1
13-17 and the APLRs from Section 374.058(d), calculate an AWBAR for each
13-18 pollutant using the equation in Subsection (b).
13-19 Step 3. The AWBAR for the biosolids is the lowest
13-20 AWBAR calculated in Step 2.
13-21 Sec. 374.060. POLLUTANT LIMITS: DOMESTIC SEPTAGE. The
13-22 annual application rate for domestic septage applied to
13-23 agricultural land, a forest, or a reclamation site may not exceed
13-24 the annual application rate calculated using the following
13-25 equation:
13-26 Where:
13-27 period.لل
13-28 by the crop or vegetation grown on the land.لل
13-29 Sec. 374.061. MANAGEMENT PRACTICES. (a) Bulk biosolids or
13-30 certain domestic septage may not be applied to land if it is likely
13-31 to adversely affect:
13-32 (1) a threatened or endangered species listed under
13-33 Section 4, Endangered Species Act of 1973 (16 U.S.C. Section 1533)
13-34 or Section 68.002, Parks and Wildlife Code; or
13-35 (2) the species' designated critical habitat.
13-36 (b) Bulk biosolids may not be applied to agricultural land,
13-37 a forest, a public contact site, or a reclamation site that is
13-38 flooded, frozen, or snow-covered so that the bulk biosolids or
13-39 certain domestic septage enters a wetland or other waters of the
13-40 state, except as provided in a permit issued under Chapter 26,
13-41 Water Code.
13-42 (c) Bulk biosolids or certain domestic septage may not be
13-43 applied to agricultural land, a forest, or a reclamation site that
13-44 is:
13-45 (1) 33 feet or less from waters of the state if the
13-46 buffer zone is vegetated or 200 feet from those waters if the
13-47 buffer zone is not vegetated;
13-48 (2) 50 feet or less from a public road or pedestrian
13-49 right-of-way;
13-50 (3) 50 feet or less from a property boundary unless
13-51 the applicant obtains written consent from the adjoining property
13-52 owner for a smaller or no buffer zone, which consent may be revoked
13-53 on receipt by the operator of written notice of revocation from the
13-54 adjoining property owner;
13-55 (4) 150 feet or less from a private water supply well;
13-56 (5) 500 feet or less from a public water supply well,
13-57 intake, water supply storage unit, or water supply treatment works;
13-58 (6) 300 feet or less from an occupied residence unless
13-59 the applicant obtains written consent from the residence owner for
13-60 a smaller or no buffer zone, which consent may be revoked on
13-61 receipt by the operator of written notice of revocation from the
13-62 adjoining property owner;
13-63 (7) 1,000 feet or less from an existing school, public
13-64 institution, or residential or business development property line;
13-65 or
13-66 (8) 10 feet or less from an irrigation conveyance
13-67 canal.
13-68 (d) Bulk biosolids may be applied to agricultural land, a
13-69 forest, a public contact site, or a reclamation site at a whole
13-70 biosolids application rate that is equal to or less than the
14-1 agronomic rate for the bulk biosolids unless, in the case of a
14-2 reclamation site, otherwise specified by the commission.
14-3 (e) A label must be affixed to the bag or other container in
14-4 which biosolids are sold or given away for application to the land,
14-5 or an information sheet must be provided to the person who receives
14-6 biosolids sold or given away in another container for application
14-7 to the land. The label or information sheet must contain the
14-8 following information:
14-9 (1) the name and address of the person who prepared
14-10 the sewage sludge that is sold or given away in a bag or other
14-11 container for application to the land;
14-12 (2) a statement that application of the biosolids to
14-13 the land is prohibited except in accordance with the instructions
14-14 on the label or information sheet; and
14-15 (3) the annual whole biosolids application rate for
14-16 the biosolids that does not cause any of the annual pollutant
14-17 loading rates in Section 374.058(d) to be exceeded.
14-18 (f) Biosolids may be stored at a registration site:
14-19 (1) not longer than 90 days in a 365-day period unless
14-20 the appropriate commission regional office approves an additional
14-21 period of storage, not to exceed 90 days, for reasons associated
14-22 with application area flooding, saturated soils, or frozen soils;
14-23 and
14-24 (2) only if the following conditions are met:
14-25 (A) written authorization must be obtained from
14-26 the executive director before construction of the storage area;
14-27 (B) the storage area must be designed,
14-28 constructed, and operated in a manner that protects public health
14-29 and the environment;
14-30 (C) the application must outline measures to
14-31 avoid public health nuisances such as odors;
14-32 (D) liquid sewage sludge must be stored in an
14-33 enclosed vessel; and
14-34 (E) if the storage area is not permanently
14-35 covered, the storage area must be:
14-36 (i) operated and maintained to prevent
14-37 runoff of surface water that has come into contact with biosolids
14-38 and designed to collect that runoff water; and
14-39 (ii) lined with natural or artificial
14-40 liners.
14-41 (g) For purposes of Subsection (f)(2)(E)(ii), a natural or
14-42 artificial equivalent barrier of one foot of compacted clay with a
14-43 permeability coefficient of 1 x 10-7 cm/sec or less must be
14-44 provided. Various flexible synthetic membrane lining materials may
14-45 be used in lieu of soil liners if prior written approval has been
14-46 obtained from the executive director.
14-47 (h) An operator may stage biosolids on-site before land
14-48 application for not more than five days without being subject to
14-49 Subsection (f).
14-50 Sec. 374.062. OPERATIONAL STANDARDS: PATHOGENS--BIOSOLIDS.
14-51 (a) The Class A pathogen requirements of Sections 374.083 through
14-52 374.089 or the Class B pathogen requirements and site restrictions
14-53 of Sections 374.090 through 374.094 must be met if bulk biosolids
14-54 are applied to agricultural land, a forest, a public contact site,
14-55 or a reclamation site.
14-56 (b) The Class A pathogen requirements of Sections 374.083
14-57 through 374.089 must be met if bulk biosolids are applied to a lawn
14-58 or a home garden.
14-59 (c) The Class A pathogen requirements of Sections 374.083
14-60 through 374.089 must be met if biosolids are sold or given away in
14-61 a bag or other container for application to the land.
14-62 Sec. 374.063. OPERATIONAL STANDARDS: PATHOGENS--DOMESTIC
14-63 SEPTAGE. The requirements of Section 374.095(a) or (b) must be met
14-64 if domestic septage is applied to agricultural land, a forest, or a
14-65 reclamation site.
14-66 Sec. 374.064. OPERATIONAL STANDARDS: VECTOR ATTRACTION
14-67 REDUCTION--BIOSOLIDS. (a) One of the vector attraction reduction
14-68 requirements of Sections 374.096(b)(1) through (10) must be met if
14-69 bulk biosolids are applied to agricultural land, a forest, a public
14-70 contact site, or a reclamation site.
15-1 (b) One of the vector attraction reduction requirements of
15-2 Sections 374.096(b)(1) through (8) must be met if bulk biosolids
15-3 are applied to a lawn or a home garden.
15-4 (c) One of the vector attraction reduction requirements of
15-5 Sections 374.096(b)(1) through (8) must be met if biosolids are
15-6 sold or given away in a bag or other container for application to
15-7 the land.
15-8 Sec. 374.065. OPERATIONAL STANDARDS: VECTOR ATTRACTION
15-9 REDUCTION--DOMESTIC SEPTAGE. The vector attraction reduction
15-10 requirements of Section 374.096(b)(9), (10), or (12) must be met if
15-11 domestic septage is applied to agricultural land, a forest, or a
15-12 reclamation site.
15-13 Sec. 374.066. FREQUENCY OF MONITORING: LAND APPLICATION OF
15-14 BIOSOLIDS. (a) The frequency of monitoring for the pollutants
15-15 listed in Section 374.058, the pathogen density requirements of
15-16 Sections 374.083 through 374.089 and of Sections 374.091 through
15-17 374.093, and the vector attraction reduction requirements of
15-18 Sections 374.096(b)(1) through (8) are determined according to the
15-19 following table:
15-20 AMOUNT OF BIOSOLIDS* FREQUENCY
15-21 (METRIC TONS PER 365-DAY PERIOD)
15-22 More than zero but less than 290 once per year
15-23 290 or more but less than 1,500 once per quarter
15-24 (four times per year)
15-25 1,500 or more but less than once per 60 days
15-26 15,000 (six times per year)
15-27 15,000 or more once per month
15-28 (12 times per year)
15-29 *Either the amount of bulk biosolids applied to the land or the
15-30 amount of biosolids received by a person who prepares sewage sludge
15-31 that is sold or given away in a bag or other container for
15-32 application to the land (dry weight basis)
15-33 (b) After the biosolids have been monitored for two years at
15-34 the frequency determined under Subsection (a), the commission may
15-35 reduce the frequency of monitoring for pollutant concentrations and
15-36 for the pathogen density requirements of Sections 374.086(a) and
15-37 (b). In no case may the frequency of monitoring be less than once
15-38 per year if biosolids are applied to the land.
15-39 Sec. 374.067. FREQUENCY OF MONITORING: DOMESTIC SEPTAGE.
15-40 If the pathogen requirements of Section 374.095(b) or the vector
15-41 attraction reduction requirements of Section 374.096(b)(12) are met
15-42 when domestic septage is applied to agricultural land, a forest, or
15-43 a reclamation site, each container of domestic septage applied to
15-44 the land shall be monitored for compliance with the applicable
15-45 requirements.
15-46 Sec. 374.068. RECORDKEEPING: BIOSOLIDS. (a) The person
15-47 who prepares the sewage sludge for land application as described in
15-48 Section 374.053(1) or (3) shall develop the following information
15-49 and retain the information for five years:
15-50 (1) the concentration in the biosolids of each
15-51 pollutant listed in Section 374.058(c);
15-52 (2) the following certification statement: "I
15-53 certify, under penalty of law, that the Class A pathogen
15-54 requirements of Sections 374.083 through 374.089, Health and Safety
15-55 Code, and the vector attraction reduction requirement of Section
15-56 (insert one of the vector attraction reduction requirements of
15-57 Sections 374.096(b)(1) through (8)), Health and Safety Code, have
15-58 been met. This determination has been made under my direction and
15-59 supervision in accordance with the system designed to ensure that
15-60 qualified personnel properly gather and evaluate the information
15-61 used to determine that the pathogen requirements and vector
15-62 attraction reduction requirements have been met. I am aware that
15-63 there are significant penalties for false certification, including
15-64 the possibility of fine and imprisonment.";
15-65 (3) a description of how the Class A pathogen
15-66 requirements of Sections 374.083 through 374.089 are met; and
15-67 (4) a description of how one of the vector attraction
15-68 reduction requirements of Sections 374.096(b)(1) through (8) is
15-69 met.
15-70 (b) The person who derives the material in Section
16-1 374.053(2) or (4) shall develop the following information and
16-2 retain the information for five years:
16-3 (1) the concentration of each pollutant listed in
16-4 Section 374.058(c) in the material;
16-5 (2) the following certification statement: "I
16-6 certify, under penalty of law, that the Class A pathogen
16-7 requirements of Sections 374.083 through 374.089, Health and Safety
16-8 Code, and the vector attraction reduction requirement of Section
16-9 (insert one of the vector attraction reduction requirements of
16-10 Sections 374.096(b)(1) through (8)), Health and Safety Code, have
16-11 been met. This determination has been made under my direction and
16-12 supervision in accordance with the system designed to ensure that
16-13 qualified personnel properly gather and evaluate the information
16-14 used to determine that the pathogen requirements and the vector
16-15 attraction reduction requirements have been met. I am aware that
16-16 there are significant penalties for false certification, including
16-17 the possibility of fine and imprisonment.";
16-18 (3) a description of how the Class A pathogen
16-19 requirements of Sections 374.083 through 374.089 are met; and
16-20 (4) a description of how one of the vector attraction
16-21 reduction requirements of Sections 374.096(b)(1) through (8) is
16-22 met.
16-23 (c) If the pollutant concentrations set by Section
16-24 374.058(c), the Class A pathogen requirements of Sections 374.083
16-25 through 374.089, and the vector attraction reduction requirements
16-26 of Section 374.096(b)(9) or (10) are met when bulk biosolids are
16-27 applied to agricultural land, a forest, a public contact site, or a
16-28 reclamation site:
16-29 (1) the person who prepares the bulk sewage sludge
16-30 shall develop the following information and retain the information
16-31 for five years:
16-32 (A) the concentration of each pollutant listed
16-33 in Section 374.058(c) in the bulk biosolids;
16-34 (B) the following certification statement: "I
16-35 certify, under penalty of law, that the pathogen requirements of
16-36 Sections 374.083 through 374.089, Health and Safety Code, have been
16-37 met. This determination has been made under my direction and
16-38 supervision in accordance with the system designed to ensure that
16-39 qualified personnel properly gather and evaluate the information
16-40 used to determine that the pathogen requirements have been met. I
16-41 am aware that there are significant penalties for false
16-42 certification, including the possibility of fine and
16-43 imprisonment."; and
16-44 (C) a description of how the pathogen
16-45 requirements of Sections 374.083 through 374.089 are met; and
16-46 (2) the person who applies the bulk biosolids shall
16-47 develop the following information and retain the information for
16-48 five years:
16-49 (A) the following certification statement: "I
16-50 certify, under penalty of law, that the management practices
16-51 required under Section 374.061, Health and Safety Code, and the
16-52 vector attraction reduction requirement of Section (insert Section
16-53 374.096(b)(9) or (10)), Health and Safety Code, have been met.
16-54 This determination has been made under my direction and supervision
16-55 in accordance with the system designed to ensure that qualified
16-56 personnel properly gather and evaluate the information used to
16-57 determine that the management practices and vector attraction
16-58 reduction requirements have been met. I am aware that there are
16-59 significant penalties for false certification including fine and
16-60 imprisonment.";
16-61 (B) a description of how the management
16-62 practices required by Section 374.061 are met for each site on
16-63 which bulk biosolids are applied; and
16-64 (C) a description of how the vector attraction
16-65 reduction requirements of Section 374.096(b)(9) or (10) are met for
16-66 each site on which bulk biosolids are applied.
16-67 (d) If the pollutant concentrations set by Section
16-68 374.058(c) and the Class B pathogen requirements of Sections
16-69 374.090 through 374.093 are met when bulk biosolids are applied to
16-70 agricultural land, a forest, a public contact site, or a
17-1 reclamation site:
17-2 (1) the person who prepares the bulk sewage sludge
17-3 shall develop the following information and retain the information
17-4 for five years:
17-5 (A) the concentration in the bulk biosolids of
17-6 each pollutant listed in Section 374.058(c);
17-7 (B) the following certification statement: "I
17-8 certify, under penalty of law, that the Class B pathogen
17-9 requirements of Sections 374.090 through 374.093, Health and Safety
17-10 Code, and the vector attraction reduction requirement of Section
17-11 (insert one of the vector attraction reduction requirements of
17-12 Sections 374.096(b)(1) through (8), if one of those requirements is
17-13 met), Health and Safety Code, have been met. This determination
17-14 has been made under my direction and supervision in accordance with
17-15 the system designed to ensure that qualified personnel properly
17-16 gather and evaluate the information used to determine that the
17-17 pathogen requirements (and vector attraction reduction
17-18 requirements, if applicable) have been met. I am aware that there
17-19 are significant penalties for false certification, including the
17-20 possibility of fine and imprisonment.";
17-21 (C) a description of how the Class B pathogen
17-22 requirements of Sections 374.090 through 374.093 are met; and
17-23 (D) when one of the vector attraction reduction
17-24 requirements of Sections 374.096(b)(1) through (8) is met, a
17-25 description of how the vector attraction reduction requirement is
17-26 met; and
17-27 (2) the person who applies the bulk biosolids shall
17-28 develop the following information and retain the information for
17-29 five years:
17-30 (A) the following certification statement: "I
17-31 certify, under penalty of law, that the management practices
17-32 required by Section 374.061, Health and Safety Code, the site
17-33 restrictions set by Section 374.094, Health and Safety Code, and
17-34 the vector attraction reduction requirements of Section (insert
17-35 Section 374.096(b)(9) or (10), if one of those requirements is
17-36 met), Health and Safety Code, have been met for each site on which
17-37 bulk biosolids are applied. This determination has been made under
17-38 my direction and supervision in accordance with the system designed
17-39 to ensure that qualified personnel properly gather and evaluate the
17-40 information used to determine that the management practices and
17-41 site restrictions (and the vector attraction reduction
17-42 requirements, if applicable) have been met. I am aware that there
17-43 are significant penalties for false certification, including the
17-44 possibility of fine and imprisonment.";
17-45 (B) a description of how the management
17-46 practices required by Section 374.061 are met for each site on
17-47 which bulk biosolids are applied;
17-48 (C) a description of how the site restrictions
17-49 set by Section 374.094 are met for each site on which bulk
17-50 biosolids are applied; and
17-51 (D) when the vector attraction reduction
17-52 requirement of Section 374.096(b)(9) or (10) is met, a description
17-53 of how the vector attraction reduction requirement is met.
17-54 (e) If the requirements of Section 374.057(b)(1) are met
17-55 when bulk biosolids are applied to agricultural land, a forest, a
17-56 public contact site, or a reclamation site:
17-57 (1) the person who prepares the bulk sewage sludge
17-58 shall develop the following information and retain the information
17-59 for five years:
17-60 (A) the concentration in the bulk biosolids of
17-61 each pollutant listed in Section 374.058(a);
17-62 (B) the following certification statement: "I
17-63 certify, under penalty of law, that the pathogen requirements of
17-64 Section (insert Sections 374.083 through 374.089 or Sections
17-65 374.090 through 374.093), Health and Safety Code, and the vector
17-66 attraction reduction requirement in Section (insert one of the
17-67 vector attraction reduction requirements of Sections 374.096(b)(1)
17-68 through (8), Health and Safety Code, if one of those requirements
17-69 is met) have been met. This determination has been made under my
17-70 direction and supervision in accordance with the system designed to
18-1 ensure that qualified personnel properly gather and evaluate the
18-2 information used to determine that the pathogen requirements (and
18-3 the vector attraction reduction requirements, if applicable) have
18-4 been met. I am aware that there are significant penalties for
18-5 false certification, including the possibility of fine and
18-6 imprisonment.";
18-7 (C) a description of how the pathogen
18-8 requirements of Sections 374.083 through 374.089 or Sections
18-9 374.090 through 374.093 are met; and
18-10 (D) when one of the vector attraction reduction
18-11 requirements of Sections 374.096(b)(1) through (8) is met, a
18-12 description of how the vector attraction reduction requirement is
18-13 met; and
18-14 (2) the person who applies the bulk biosolids shall
18-15 develop the following information, retain the information in
18-16 Paragraphs (A) through (G) indefinitely, and retain the information
18-17 in Paragraphs (H) through (M) for five years:
18-18 (A) the location, by street address or by
18-19 latitude and longitude, of each site on which bulk biosolids are
18-20 applied;
18-21 (B) the number of hectares in each site on which
18-22 bulk biosolids are applied;
18-23 (C) the date and time bulk biosolids are applied
18-24 to each site;
18-25 (D) the cumulative amount of each pollutant, in
18-26 kilograms, listed in Section 374.058(b) in the bulk biosolids
18-27 applied to each site, including the amount in Section 374.056(h);
18-28 (E) the amount of sewage sludge, in metric tons,
18-29 applied to each site;
18-30 (F) the following certification statement: "I
18-31 certify, under penalty of law, that the requirements to obtain
18-32 information under Sections 374.056(f) through (i), Health and
18-33 Safety Code, have been met for each site on which bulk biosolids
18-34 are applied. This determination has been made under my direction
18-35 and supervision in accordance with the system designed to ensure
18-36 that qualified personnel properly gather and evaluate the
18-37 information used to determine that the requirements to obtain
18-38 information have been met. I am aware that there are significant
18-39 penalties for false certification, including fine and
18-40 imprisonment.";
18-41 (G) a description of how the requirements to
18-42 obtain information under Sections 374.056(f) through (i) are met;
18-43 (H) the following certification statement: "I
18-44 certify, under penalty of law, that the management practices
18-45 required by Section 374.061, Health and Safety Code, have been met
18-46 for each site on which bulk biosolids are applied. This
18-47 determination has been made under my direction and supervision in
18-48 accordance with the system designed to ensure that qualified
18-49 personnel properly gather and evaluate the information used to
18-50 determine that the management practices have been met. I am aware
18-51 that there are significant penalties for false certification,
18-52 including fine and imprisonment.";
18-53 (I) a description of how the management
18-54 practices required by Section 374.061 are met for each site on
18-55 which bulk biosolids are applied;
18-56 (J) the following certification statement if the
18-57 bulk biosolids meet the Class B pathogen requirements of Sections
18-58 374.090 through 374.093: "I certify, under penalty of law, that
18-59 the site restrictions set by Section 374.094, Health and Safety
18-60 Code, have been met. This determination has been made under my
18-61 direction and supervision in accordance with the system designed to
18-62 ensure that qualified personnel properly gather and evaluate the
18-63 information used to determine that the site restrictions have been
18-64 met. I am aware that there are significant penalties for false
18-65 certification, including fine and imprisonment.";
18-66 (K) a description of how the site restrictions
18-67 set by Section 374.094 are met for each site on which Class B bulk
18-68 biosolids are applied;
18-69 (L) the following certification statement when
18-70 the vector attraction reduction requirement of Section
19-1 374.096(b)(9) or (10) is met: "I certify, under penalty of law,
19-2 that the vector attraction reduction requirement of Section (insert
19-3 Section 374.096(b)(9) or (10)), Health and Safety Code, has been
19-4 met. This determination has been made under my direction and
19-5 supervision in accordance with the system designed to ensure that
19-6 qualified personnel properly gather and evaluate the information
19-7 used to determine that the vector attraction reduction requirement
19-8 has been met. I am aware that there are significant penalties for
19-9 false certification, including the possibility of fine and
19-10 imprisonment."; and
19-11 (M) if the vector attraction reduction
19-12 requirements of Section 374.096(b)(9) or (10) are met, a
19-13 description of how the requirements are met.
19-14 (f) If the requirements of Section 374.057(d)(2) are met
19-15 when biosolids are sold or given away in a bag or other container
19-16 for application to the land, the person who prepares the biosolids
19-17 that are sold or given away in a bag or other container shall
19-18 develop the following information and retain the information for
19-19 five years:
19-20 (1) the annual whole biosolids application rate for
19-21 the biosolids that do not cause the annual pollutant loading rates
19-22 set by Section 374.058(d) to be exceeded;
19-23 (2) the concentration of each pollutant listed in
19-24 Section 374.058(d) in the biosolids;
19-25 (3) the following certification statement: "I
19-26 certify, under penalty of law, that the management practice
19-27 required under Section 374.061(e), Health and Safety Code, the
19-28 Class A pathogen requirement of Sections 374.083 through 374.089,
19-29 Health and Safety Code, and the vector attraction reduction
19-30 requirement of Section (insert one of the vector attraction
19-31 reduction requirements of Sections 374.096(b)(1) through (8)),
19-32 Health and Safety Code, have been met. This determination has been
19-33 made under my direction and supervision in accordance with the
19-34 system designed to ensure that qualified personnel properly gather
19-35 and evaluate the information used to determine that the management
19-36 practice, pathogen requirements, and vector attraction reduction
19-37 requirements have been met. I am aware that there are significant
19-38 penalties for false certification, including the possibility of
19-39 fine and imprisonment.";
19-40 (4) a description of how the Class A pathogen
19-41 requirements of Sections 374.083 through 374.089 are met; and
19-42 (5) a description of how one of the vector attraction
19-43 reduction requirements of Sections 374.096(b)(1) through (8) is
19-44 met.
19-45 Sec. 374.069. RECORDKEEPING: DOMESTIC SEPTAGE. If domestic
19-46 septage is applied to agricultural land, a forest, or a reclamation
19-47 site, the person who applies the domestic septage shall develop the
19-48 following information and retain the information for five years:
19-49 (1) the location, by street address or by latitude and
19-50 longitude, of each site on which domestic septage is applied;
19-51 (2) the number of acres in each site on which domestic
19-52 septage is applied;
19-53 (3) the date and time domestic septage is applied to
19-54 each site;
19-55 (4) the nitrogen requirement for the crop or
19-56 vegetation grown on each site during a 365-day period;
19-57 (5) the rate, in gallons per acre per 365-day period,
19-58 at which domestic septage is applied to each site;
19-59 (6) the following certification statement: "I
19-60 certify, under penalty of law, that the pathogen requirements of
19-61 Section (insert Section 374.095(a) or (b)), Health and Safety Code,
19-62 and the vector attraction reduction requirements of Section (insert
19-63 Section 374.096(b)(9), (10), or (12)), Health and Safety Code, have
19-64 been met. This determination has been made under my direction and
19-65 supervision in accordance with the system designed to ensure that
19-66 qualified personnel properly gather and evaluate the information
19-67 used to determine that the pathogen requirements and vector
19-68 attraction reduction requirements have been met. I am aware that
19-69 there are significant penalties for false certification, including
19-70 the possibility of fine and imprisonment.";
20-1 (7) a description of how the pathogen requirements of
20-2 Section 374.095(a) or (b) are met; and
20-3 (8) a description of how the vector attraction
20-4 reduction requirements of Section 374.096(b)(9), (10), or (12) are
20-5 met.
20-6 Sec. 374.070. REPORTING. A facility permitted under Section
20-7 26.027, Water Code, shall submit the following information to the
20-8 commission:
20-9 (1) the information required by Section 374.068,
20-10 except the information required by Sections 374.068(c)(2), (d)(2),
20-11 and (e)(2), for the appropriate requirements on September 1 of each
20-12 year; and
20-13 (2) the information required by Sections
20-14 374.068(e)(2)(A) through (G) on September 1 of each year if 90
20-15 percent or more of any of the cumulative pollutant loading rates
20-16 set by Section 374.058(b) are reached at a site.
20-17 (Sections 374.071 to 374.080 reserved for expansion)
20-18 SUBCHAPTER C. PATHOGENS;
20-19 VECTOR ATTRACTION REDUCTION; PROCESSES TO REDUCE PATHOGENS
20-20 Sec. 374.081. SCOPE. This subchapter contains the:
20-21 (1) requirements for biosolids to be classified as
20-22 Class A or Class B, with respect to pathogens;
20-23 (2) site restrictions for land on which Class B
20-24 biosolids are applied;
20-25 (3) pathogen requirements for domestic septage applied
20-26 to agricultural land, a forest, or a reclamation site;
20-27 (4) alternative vector attraction reduction
20-28 requirements for biosolids that are applied to the land or placed
20-29 on a surface disposal site; and
20-30 (5) processes to reduce pathogens.
20-31 Sec. 374.082. DEFINITIONS. In this subchapter:
20-32 (1) "Aerobic digestion" means the biochemical
20-33 decomposition of organic matter in sewage sludge into carbon
20-34 dioxide and water by microorganisms in the presence of air.
20-35 (2) "Anaerobic digestion" means the biochemical
20-36 decomposition of organic matter in sewage sludge into methane gas
20-37 and carbon dioxide by microorganisms in the absence of air.
20-38 (3) "Density of microorganisms" means the number of
20-39 microorganisms per unit mass of total solids (dry weight) in the
20-40 sewage sludge.
20-41 (4) "Land with a high potential for public exposure"
20-42 means land that the public uses frequently, including a public
20-43 contact site and a reclamation site located in a populated area
20-44 (e.g., a construction site located in a city).
20-45 (5) "Land with a low potential for public exposure"
20-46 means land that the public uses infrequently, including
20-47 agricultural land, a forest, and a reclamation site located in an
20-48 unpopulated area (e.g., a strip mine located in a rural area).
20-49 (6) "Pathogenic organisms" means disease-causing
20-50 organisms, including certain bacteria, protozoa, viruses, and
20-51 viable helminth ova.
20-52 (7) "pH" means the logarithm of the reciprocal of the
20-53 hydrogen ion concentration.
20-54 (8) "Specific oxygen uptake rate (SOUR)" means the
20-55 mass of oxygen consumed per unit time per unit mass of total solids
20-56 (dry weight basis) in the sewage sludge.
20-57 (9) "Total solids" means the materials in sewage
20-58 sludge that remain as residue when the sewage sludge is dried at
20-59 103 to 105 degrees Celsius.
20-60 (10) "Unstabilized solids" means organic materials in
20-61 sewage sludge that have not been treated in an aerobic or anaerobic
20-62 treatment process.
20-63 (11) "Vector attraction" means the characteristic of
20-64 sewage sludge that attracts rodents, flies, mosquitos, or other
20-65 organisms capable of transporting infectious agents.
20-66 (12) "Volatile solids" means the amount of the total
20-67 solids in sewage sludge lost when the sewage sludge is combusted at
20-68 550 degrees Celsius in the presence of excess air.
20-69 Sec. 374.083. PATHOGENS: BIOSOLIDS--CLASS A. (a) The
20-70 requirements of Subsections (b) and (c) and the requirements of
21-1 Section 374.084, 374.085, 374.086, 374.087, 374.088, or 374.089
21-2 must be met for biosolids to be classified as Class A with respect
21-3 to pathogens.
21-4 (b) The Class A pathogen requirements of Sections 374.084
21-5 through 374.089 must be met:
21-6 (1) before the vector attraction reduction
21-7 requirements of Section 374.096, except the requirements of
21-8 Sections 374.096(b)(6) through (8), are met; or
21-9 (2) at the same time the requirements described in
21-10 Subdivision (1) are met.
21-11 (c) The density of fecal coliform in the biosolids must be
21-12 less than 1,000 Most Probable Number per gram of total solids (dry
21-13 weight basis), or the density of Salmonella sp. bacteria in the
21-14 biosolids must be less than three Most Probable Number per four
21-15 grams of total solids (dry weight basis) at the time:
21-16 (1) the biosolids are used or disposed;
21-17 (2) the sewage sludge is prepared for sale or giveaway
21-18 in a bag or other container for application to the land; or
21-19 (3) the sewage sludge or material derived from sewage
21-20 sludge is prepared to meet the requirements of Section 374.053 or
21-21 374.055.
21-22 Sec. 374.084. PATHOGENS: BIOSOLIDS--CLASS A (ALTERNATIVE
21-23 1). (a) The temperature of the sewage sludge that is used or
21-24 disposed must be maintained at a specific value for a time
21-25 calculated using an equation under Subsection (b) or (e).
21-26 (b) If the percentage of solids in the sewage sludge is
21-27 seven percent or higher:
21-28 (1) the temperature of the sewage sludge must be 50
21-29 degrees Celsius or higher;
21-30 (2) the time must be 20 minutes or longer; and
21-31 (3) the temperature and time is determined using the
21-32 following equation, except when small particles of sewage sludge
21-33 are heated by warmed gases or an immiscible liquid:
21-34 0.1400t
21-35 Where
21-36 (c) If the percentage of solids in the sewage sludge is
21-37 seven percent or higher and small particles of sewage sludge are
21-38 heated by warmed gases or an immiscible liquid:
21-39 (1) the temperature of the sewage sludge must be 50
21-40 degrees Celsius or higher;
21-41 (2) the time must be 15 seconds or longer; and
21-42 (3) the temperature and time is determined using the
21-43 equation in Subsection (b).
21-44 (d) If the percentage of solids in the sewage sludge is less
21-45 than seven percent and the time is at least 15 seconds but less
21-46 than 30 minutes, the temperature and time is determined using the
21-47 equation in Subsection (b).
21-48 (e) If the percentage of solids in the sewage sludge is less
21-49 than seven percent, the temperature of the sewage sludge is 50
21-50 degrees Celsius or higher, and the time is 30 minutes or longer,
21-51 the temperature and time is determined using the following
21-52 equation:
21-53 0.1400t
21-54 Where
21-55 Sec. 374.085. PATHOGENS: BIOSOLIDS--CLASS A (ALTERNATIVE
21-56 2). (a) The pH of the sewage sludge that is used or disposed must
21-57 be raised to above 12 and must remain above 12 for 72 hours.
21-58 (b) The temperature of the sewage sludge must be above 52
21-59 degrees Celsius for 12 hours or longer during the period that the
21-60 pH of the sewage sludge is above 12.
21-61 (c) At the end of the 72-hour period during which the pH of
21-62 the sewage sludge is above 12, the sewage sludge must be air dried
21-63 to achieve more than 50 percent solids in the biosolids.
21-64 Sec. 374.086. PATHOGENS: BIOSOLIDS--CLASS A (ALTERNATIVE
21-65 3). (a)(1) The sewage sludge must be analyzed before pathogen
21-66 treatment to determine whether the sewage sludge contains enteric
21-67 viruses.
21-68 (2) If the density of enteric viruses in the sewage
21-69 sludge before pathogen treatment is less than one Plaque-forming
21-70 Unit per four grams of total solids (dry weight basis), the
22-1 biosolids are Class A with respect to enteric viruses until the
22-2 next monitoring episode for the sewage sludge.
22-3 (3) If the density of enteric viruses in the sewage
22-4 sludge before pathogen treatment is equal to or greater than one
22-5 Plaque-forming Unit per four grams of total solids (dry weight
22-6 basis), the biosolids are Class A with respect to enteric viruses
22-7 if:
22-8 (A) the density of enteric viruses in the sewage
22-9 sludge after pathogen treatment is less than one Plaque-forming
22-10 Unit per four grams of total solids (dry weight basis); and
22-11 (B) the values or ranges of values for the
22-12 operating parameters for the pathogen treatment process that
22-13 produces the sewage sludge that meets the enteric virus density
22-14 requirement are documented.
22-15 (4) After the enteric virus reduction in Subdivision
22-16 (3) is demonstrated for the pathogen treatment process, the
22-17 biosolids continue to be Class A with respect to enteric viruses if
22-18 the values for the pathogen treatment process operating parameters
22-19 are consistent with the values or ranges of values documented in
22-20 Subdivision (3).
22-21 (b)(1) The sewage sludge must be analyzed before pathogen
22-22 treatment to determine whether the sewage sludge contains viable
22-23 helminth ova.
22-24 (2) If the density of viable helminth ova in the
22-25 sewage sludge before pathogen treatment is less than one per four
22-26 grams of total solids (dry weight basis), the biosolids are Class A
22-27 with respect to viable helminth ova until the next monitoring
22-28 episode for the sewage sludge.
22-29 (3) If the density of viable helminth ova in the
22-30 sewage sludge prior to pathogen treatment is equal to or greater
22-31 than one per four grams of total solids (dry weight basis), the
22-32 biosolids are Class A with respect to viable helminth ova if:
22-33 (A) the density of viable helminth ova in the
22-34 sewage sludge after pathogen treatment is less than one per four
22-35 grams of total solids (dry weight basis); and
22-36 (B) the values or ranges of values for the
22-37 operating parameters for the pathogen treatment process that
22-38 produces the sewage sludge that meets the viable helminth ova
22-39 density requirement are documented.
22-40 (4) After the viable helminth ova reduction in
22-41 Subdivision (3) is demonstrated for the pathogen treatment process,
22-42 the biosolids continue to be Class A with respect to viable
22-43 helminth ova if the values for the pathogen treatment process
22-44 operating parameters are consistent with the values or ranges of
22-45 values documented in Subdivision (3).
22-46 Sec. 374.087. PATHOGENS: BIOSOLIDS--CLASS A (ALTERNATIVE
22-47 4). (a) The density of enteric viruses in the biosolids must be
22-48 less than one Plaque-forming Unit per four grams of total solids
22-49 (dry weight basis) at the time:
22-50 (1) the biosolids are used or disposed;
22-51 (2) the sewage sludge is prepared for sale or giveaway
22-52 in a bag or other container for application to the land; or
22-53 (3) the sewage sludge or material derived from sewage
22-54 sludge is prepared to meet the requirements of Section 374.053 or
22-55 374.055, unless otherwise specified by the commission.
22-56 (b) The density of viable helminth ova in the biosolids must
22-57 be less than one per four grams of total solids (dry weight basis)
22-58 at the time:
22-59 (1) the biosolids are used or disposed;
22-60 (2) the sewage sludge is prepared for sale or giveaway
22-61 in a bag or other container for application to the land; or
22-62 (3) the sewage sludge or material derived from sewage
22-63 sludge is prepared to meet the requirements of Section 374.053 or
22-64 374.055, unless otherwise specified by the commission.
22-65 Sec. 374.088. PATHOGENS: BIOSOLIDS--CLASS A (ALTERNATIVE
22-66 5). Biosolids that are used or disposed must be treated in one of
22-67 the processes to further reduce pathogens described by Section
22-68 374.098.
22-69 Sec. 374.089. PATHOGENS: BIOSOLIDS--CLASS A (ALTERNATIVE
22-70 6). Biosolids that are used or disposed must be treated in a
23-1 process determined by the EPA to be equivalent to a process to
23-2 further reduce pathogens as described by Section 374.098.
23-3 Sec. 374.090. PATHOGENS: BIOSOLIDS--CLASS B. (a) The
23-4 requirements of Section 374.091, 374.092, or 374.093 must be met
23-5 for biosolids to be classified Class B with respect to pathogens.
23-6 (b) The site restrictions set by Section 374.094 must be met
23-7 if biosolids that meet the Class B pathogen requirements of Section
23-8 374.091, 374.092, or 374.093 are applied to the land.
23-9 Sec. 374.091. PATHOGENS: BIOSOLIDS--CLASS B (ALTERNATIVE
23-10 1). (a) Seven samples of the biosolids must be collected at the
23-11 time the biosolids are used or disposed.
23-12 (b) The geometric mean of the density of fecal coliform in
23-13 the samples collected under Subsection (a) must be less than two
23-14 million Most Probable Number per gram of total solids (dry weight
23-15 basis) or two million Colony Forming Units per gram of total solids
23-16 (dry weight basis).
23-17 Sec. 374.092. PATHOGENS: BIOSOLIDS--CLASS B (ALTERNATIVE
23-18 2). (a) Biosolids that are used or disposed must be treated in
23-19 one of the processes to significantly reduce pathogens described by
23-20 Section 374.097.
23-21 (b) An independent registered professional engineer shall
23-22 certify to the generator of the sewage sludge that the wastewater
23-23 treatment facility generating the sewage sludge is designed to
23-24 achieve one of the processes to significantly reduce pathogens
23-25 described by Section 374.097 at the design loadings and flows
23-26 routinely expected at the facility.
23-27 (c) If the biosolids are generated from a mixture of sources
23-28 from more than one wastewater treatment facility, the resulting
23-29 derived product must meet:
23-30 (1) one of the processes to significantly reduce
23-31 pathogens described by Section 374.097; and
23-32 (2) the certification, operation, and recordkeeping
23-33 requirements of this section.
23-34 (d) All certification records and operational records
23-35 describing how the requirements of this section were met must be
23-36 kept by the generator for a minimum of three years and be available
23-37 for inspection and review by commission staff.
23-38 Sec. 374.093. PATHOGENS: BIOSOLIDS--CLASS B (ALTERNATIVE
23-39 3). (a) Biosolids that are used or disposed must be treated in a
23-40 process that is determined by the EPA to be equivalent to one of
23-41 the processes to significantly reduce pathogens described by
23-42 Section 374.097.
23-43 (b) If the alternative under this section is used, the
23-44 generator must provide to the executive director proof that the EPA
23-45 has determined that the plant used a process that is equivalent to
23-46 one of the processes to significantly reduce pathogens described by
23-47 Section 374.097.
23-48 (c) If the biosolids are generated from a mixture of sources
23-49 from more than one wastewater treatment facility, the resulting
23-50 derived product must meet:
23-51 (1) one of the processes to significantly reduce
23-52 pathogens described by Section 374.097; and
23-53 (2) the certification, operation, and recordkeeping
23-54 requirements of this section.
23-55 (d) All certification records and operational records
23-56 describing how the requirements of this section were met must be
23-57 kept by the generator for a minimum of three years and be available
23-58 for inspection and review by commission staff.
23-59 Sec. 374.094. SITE RESTRICTIONS. (a) Food crops with
23-60 harvested parts that touch the mixture of biosolids and soil and
23-61 are completely above the land surface may not be harvested for 14
23-62 months after application of biosolids.
23-63 (b) Food crops with harvested parts below the surface of the
23-64 land may not be harvested for 20 months after application of
23-65 biosolids if the biosolids remain on the land surface for four
23-66 months or more before incorporation into the soil.
23-67 (c) Food crops with harvested parts below the surface of the
23-68 land may not be harvested for 38 months after application of
23-69 biosolids if the biosolids remain on the land surface for less than
23-70 four months before incorporation into the soil.
24-1 (d) Food crops, feed crops, and fiber crops may not be
24-2 harvested for 30 days after application of biosolids.
24-3 (e) Animals may not be allowed to graze on the land for 30
24-4 days after application of biosolids.
24-5 (f) Turf grown on land where biosolids are applied may not
24-6 be harvested for one year after application of the biosolids if the
24-7 harvested turf is placed on land with a high potential for public
24-8 exposure or a lawn, unless otherwise specified by the commission.
24-9 (g) Public access to land with a high potential for public
24-10 exposure is restricted for one year after application of biosolids.
24-11 (h) Public access to land with a low potential for public
24-12 exposure is restricted for 30 days after application of biosolids.
24-13 Sec. 374.095. DOMESTIC SEPTAGE. (a) The site restrictions
24-14 set by Section 374.094 must be met if domestic septage is applied
24-15 to agricultural land, a forest, or a reclamation site.
24-16 (b) The pH of domestic septage applied to agricultural land,
24-17 a forest, or a reclamation site must be raised to 12 or higher by
24-18 alkali addition and, without the addition of more alkali, must
24-19 remain at 12 or higher for 30 minutes. The site restrictions set
24-20 by Sections 374.094(a) through (d) must be met.
24-21 Sec. 374.096. VECTOR ATTRACTION REDUCTION. (a)(1) One of
24-22 the vector attraction reduction requirements of Subsections (b)(1)
24-23 through (10) must be met if bulk biosolids are applied to
24-24 agricultural land, a forest, a public contact site, or a
24-25 reclamation site.
24-26 (2) One of the vector attraction reduction
24-27 requirements of Subsections (b)(1) through (8) must be met if bulk
24-28 biosolids are applied to a lawn or a home garden.
24-29 (3) One of the vector attraction reduction
24-30 requirements of Subsections (b)(1) through (8) must be met if
24-31 biosolids are prepared for sale or giveaway in a bag or other
24-32 container for application to the land.
24-33 (4) One of the vector attraction reduction
24-34 requirements of Subsections (b)(1) through (11) must be met if
24-35 biosolids, other than domestic septage, are placed on an active
24-36 sewage sludge unit.
24-37 (5) One of the vector attraction reduction
24-38 requirements of Subsection (b)(9), (10), or (12) must be met if
24-39 domestic septage is applied to agricultural land, a forest, or a
24-40 reclamation site or is placed on an active sewage sludge unit.
24-41 (b)(1) The mass of volatile solids in the sewage sludge must
24-42 be reduced by a minimum of 38 percent.
24-43 (2) If the volatile solids reduction required by
24-44 Subdivision (1) cannot be met for an anaerobically digested sewage
24-45 sludge, vector attraction reduction may be demonstrated by
24-46 digesting part of the previously digested sewage sludge
24-47 anaerobically in the laboratory in a bench-scale unit for 40
24-48 additional days between 30 and 37 degrees Celsius. Vector
24-49 attraction reduction is achieved if at the end of the 40-day period
24-50 the volatile solids in the sewage sludge at the beginning of that
24-51 period are reduced by less than 17 percent.
24-52 (3) If the volatile solids reduction required by
24-53 Subdivision (1) cannot be met for an aerobically digested sewage
24-54 sludge, vector attraction reduction may be demonstrated by
24-55 digesting a portion of the previously digested sewage sludge that
24-56 has a percentage of solids of two percent or less aerobically in
24-57 the laboratory in a bench-scale unit for 30 additional days at 20
24-58 degrees Celsius. Vector attraction reduction is achieved if at the
24-59 end of the 30-day period the volatile solids in the sewage sludge
24-60 at the beginning of that period are reduced by less than 15
24-61 percent.
24-62 (4) The specific oxygen uptake rate (SOUR) for sewage
24-63 sludge treated in an aerobic process is equal to or less than 1.5
24-64 milligrams of oxygen per hour per gram of total solids (dry weight
24-65 basis) at 20 degrees Celsius.
24-66 (5) Sewage sludge must be treated in an aerobic
24-67 process for 14 days or longer. During that time, the temperature
24-68 of the sewage sludge must be higher than 40 degrees Celsius, and
24-69 the average temperature of the sewage sludge must be higher than 45
24-70 degrees Celsius.
25-1 (6) The pH of sewage sludge must be raised to 12 or
25-2 higher by alkali addition and, without the addition of more alkali,
25-3 must remain at 12 or higher for two hours and then at 11.5 or
25-4 higher for an additional 22 hours.
25-5 (7) The percentage of solids in sewage sludge that
25-6 does not contain unstabilized solids generated in a primary
25-7 wastewater treatment process must be 75 percent or more, using the
25-8 moisture content and total solids before mixing with other
25-9 materials.
25-10 (8) The percentage of solids in sewage sludge that
25-11 contains unstabilized solids generated in a primary wastewater
25-12 treatment process must be 90 percent or more, using the moisture
25-13 content and total solids before mixing with other materials.
25-14 (9)(A) Sewage sludge must be injected below the
25-15 surface of the land.
25-16 (B) A significant amount of the sewage sludge
25-17 may not be present on the land surface within one hour after the
25-18 sewage sludge is injected.
25-19 (C) If the sewage sludge that is injected below
25-20 the surface of the land is Class A with respect to pathogens, the
25-21 sewage sludge must be injected below the land surface not later
25-22 than eight hours after being discharged from the pathogen treatment
25-23 process.
25-24 (10)(A) Sewage sludge applied to the land surface or
25-25 placed on a surface disposal site must be incorporated into the
25-26 soil not later than six hours after application to or placement on
25-27 the land.
25-28 (B) If sewage sludge that is incorporated into
25-29 the soil is Class A with respect to pathogens, the sewage sludge
25-30 must be applied to or placed on the land not later than eight hours
25-31 after being discharged from the pathogen treatment process.
25-32 (11) Sewage sludge placed on an active sewage sludge
25-33 unit must be covered with soil or other material at the end of each
25-34 operating day.
25-35 (12) The pH of domestic septage must be raised to 12
25-36 or higher by alkali addition and, without the addition of more
25-37 alkali, must remain at 12 or higher for 30 minutes.
25-38 Sec. 374.097. PROCESSES TO SIGNIFICANTLY REDUCE PATHOGENS
25-39 (PSRP). The following processes may be used to significantly
25-40 reduce pathogens in sewage sludge:
25-41 (1) Aerobic digestion. Sewage sludge is agitated with
25-42 air or oxygen to maintain aerobic conditions for a specific mean
25-43 cell residence time at a specific temperature. Values for the mean
25-44 cell residence time and temperature must be between 40 days at 20
25-45 degrees Celsius and 60 days at 15 degrees Celsius.
25-46 (2) Air drying. Sewage sludge is dried on sand beds
25-47 or on paved or unpaved basins. The sewage sludge dries for a
25-48 minimum of three months. During two of the three months, the
25-49 ambient average daily temperature is above zero degrees Celsius.
25-50 (3) Anaerobic digestion. Sewage sludge is treated in
25-51 the absence of air for a specific mean cell residence time at a
25-52 specific temperature. Values for the mean cell residence time and
25-53 temperature must be between 15 days at 35 to 55 degrees Celsius and
25-54 60 days at 20 degrees Celsius.
25-55 (4) Composting. Using the within-vessel, static
25-56 aerated pile, or windrow composting methods, the temperature of the
25-57 sewage sludge is raised to 40 degrees Celsius or higher and remains
25-58 at 40 degrees Celsius or higher for five days. For four hours
25-59 during the five days, the temperature in the compost pile exceeds
25-60 55 degrees Celsius.
25-61 (5) Lime stabilization. Sufficient lime is added to
25-62 the sewage sludge to raise the pH of the sewage sludge to 12 after
25-63 two hours of contact.
25-64 Sec. 374.098. PROCESSES TO FURTHER REDUCE PATHOGENS (PFRP).
25-65 The following processes may be used to further reduce pathogens in
25-66 sewage sludge:
25-67 (1) Composting. Using the within-vessel composting
25-68 method or the static aerated pile composting method, the
25-69 temperature of the sewage sludge is maintained at 55 degrees
25-70 Celsius or higher for three days. Using the windrow composting
26-1 method, the temperature of the sewage sludge is maintained at 55
26-2 degrees Celsius or higher for 15 days or longer. During the period
26-3 when the compost is maintained at 55 degrees Celsius or higher,
26-4 there shall be a minimum of five turnings of the windrow.
26-5 (2) Heat drying. Sewage sludge is dried by direct or
26-6 indirect contact with hot gases to reduce the moisture content of
26-7 the sewage sludge to 10 percent or lower. Either the temperature
26-8 of the sewage sludge particles exceeds 80 degrees Celsius or the
26-9 wet bulb temperature of the gas in contact with the sewage sludge
26-10 as the sewage sludge leaves the dryer exceeds 80 degrees Celsius.
26-11 (3) Heat treatment. Liquid sewage sludge is heated to
26-12 180 degrees Celsius or higher for 30 minutes.
26-13 (4) Thermophilic aerobic digestion. Liquid sewage
26-14 sludge is agitated with air or oxygen to maintain aerobic
26-15 conditions and the mean cell residence time of the sewage sludge is
26-16 10 days at 55 to 60 degrees Celsius.
26-17 (5) Beta ray irradiation. Sewage sludge is irradiated
26-18 with beta rays from an accelerator at dosages of at least 1.0
26-19 megarad at room temperature (ca. 20 degrees Celsius).
26-20 (6) Gamma ray irradiation. Sewage sludge is
26-21 irradiated with gamma rays from certain isotopes, such as Cobalt 60
26-22 and Cesium 137, at room temperature (ca. 20 degrees Celsius).
26-23 (7) Pasteurization. The temperature of the sewage
26-24 sludge is maintained at 70 degrees Celsius or higher for 30 minutes
26-25 or longer.
26-26 SECTION 4. (a) This Act takes effect September 1, 1995.
26-27 (b) Except as provided by Subsection (c) of this section, a
26-28 requirement in a registration or permit for the beneficial land
26-29 application of sewage sludge or biosolids or certain domestic
26-30 septage issued by the Texas Natural Resource Conservation
26-31 Commission or the Texas Department of Health before September 1,
26-32 1995, that is more stringent than the requirements established by
26-33 Chapter 374, Health and Safety Code, as added by this Act, is
26-34 superseded by this Act.
26-35 (c) The members of the Texas Natural Resource Conservation
26-36 Commission, under Section 374.010, Health and Safety Code, as added
26-37 by this Act, on a case-by-case basis may keep in place a more
26-38 stringent requirement in a registration or permit issued before
26-39 September 1, 1995, if the requirement is necessary to protect the
26-40 public health and the environment.
26-41 SECTION 5. The importance of this legislation and the
26-42 crowded condition of the calendars in both houses create an
26-43 emergency and an imperative public necessity that the
26-44 constitutional rule requiring bills to be read on three several
26-45 days in each house be suspended, and this rule is hereby suspended.
26-46 * * * * *
26-47 days in each house be suspended, and this rule is hereby suspended.
26-48 * * * * *