Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 332 - COMPOSTING › Subchapter D - OPERATIONS REQUIRING A PERMIT › Section 332.45 - Operational Requirements

Current through Reg. 49, No. 28; July 12, 2024
The operation of the facility shall comply with all of the
					 following operational requirements.
(1)
				  Protection of surface water. The facility shall be constructed, maintained, and
				  operated to manage run-on and run-off during a 25-year, 24-hour rainfall event
				  and shall prevent discharge into waters in the state of feedstock material,
				  including but not limited to, in-process and/or processed materials. Any waters
				  coming into contact with feedstock, in-process, and processed materials shall
				  be considered leachate. Leachate shall be contained in retention facilities
				  until it is reapplied on piles of feedstock, in-process, or unprocessed
				  materials, or it is disposed or treated. The retention facilities shall be
				  lined and the liner shall be constructed in compliance with §
										332.47(6)(C)
				  of this title (relating to Permit Application Preparation). Leachate may be
				  treated and processed at an authorized facility or as authorized by a National
				  Pollutant Discharge Elimination System permit. The use of leachate in any
				  processing shall be conducted in a manner that does not contaminate the final
				  product.
(2) Protection of
				  groundwater. The facility shall be constructed, maintained, and operated to
				  protect groundwater. As a minimum, groundwater protection shall be in
				  accordance with the provisions of §
										332.47(6)(C)
				  of this title.
(3) Unauthorized and
				  prohibited materials. Delivery of unauthorized or prohibited materials shall be
				  prevented. As a minimum there shall be one employee on-site at all times
				  inspecting each delivery of feedstock to ensure there is no unauthorized or
				  prohibited material incorporated into the feedstock.
(4) Access. Access to the facility shall be
				  controlled to prevent unauthorized disposal of unauthorized and prohibited
				  materials and scavenging. The facility shall be completely fenced with a gate
				  that is locked when the facility is closed.
(5) Nuisance conditions. The facility shall
				  be sited and operated in such a manner as to prevent the potential of nuisance
				  conditions and fire hazards. Where nuisance conditions or fire hazards exist,
				  the operator will immediately take action to abate such nuisances.
(6) Aerobic composting required. The facility
				  shall utilize functionally aerobic composting methods, although an anaerobic
				  composting phase may be utilized in the early stages of processing if it is
				  followed by a period of functionally aerobic composting.
(7) Site sign. The facility shall have a sign
				  at the entrance indicating the type of facility, the permit number, hours of
				  operation, and the allowable feedstocks.
(8) Access road. The facility access road
				  shall be an all-weather road.
(9)
				  Amendment required for significant changes. The operator shall submit and
				  obtain a permit amendment from the commission in compliance with Chapter 305 of
				  this title (relating to Consolidated Permits) before changing the processing
				  method or other significant changes to the original permit
				  application.
(10) Prohibited
				  substances. Fungicides, herbicides, insecticides, or other pesticides that
				  contain constituents listed in 40 Code of Federal Regulations Part 261,
				  Appendix VIII-Hazardous Constituents or on the Hazardous Substance List as
				  defined in the Comprehensive Environmental Response, Compensation, and
				  Liability Act of 1980 (CERCLA) shall not be applied to or incorporated into
				  feedstocks, in-process materials, or processed materials.
(11) End-product standards. The operator
				  shall meet compost testing requirements set forth in §
										332.71
				  of this title (relating to Sampling and Analysis Requirements for Final
				  Product), final product grades set forth in §
										332.72 of
				  this title (relating to Final Product Grades), and label all materials that are
				  sold or distributed as set forth in §
										332.74
				  of this title (relating to Final Product Labelling Requirements).
(12) Licensed municipal solid waste facility
				  supervisor. The operator shall employ at least one licensed municipal solid
				  waste supervisor who has completed a TCEQ-recognized or approved specialized
				  compost training course. Supervisors of existing facilities who do not already
				  hold a municipal solid waste facility supervisor license must obtain a license.
				  A licensed municipal solid waste facility supervisor who has completed a
				  TCEQ-recognized or approved specialized compost training course shall be
				  on-site during the hours of operation.
(13) The operator of a compost facility shall
				  address the release of a chemical of concern from a compost facility to any
				  environmental media under the requirements of Chapter 350 of this title
				  (relating to Texas Risk Reduction Program) to perform the corrective
				  action.