reglab/statecodes huggingface dataset:
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 332 - COMPOSTING › Subchapter A - GENERAL INFORMATION › Section 332.3 - Applicability

Current through Reg. 49, No. 28; July 12, 2024
(a) Permit
				  required. The following compost operations are subject to the general
				  requirements found in §
										332.4 of
				  this title (relating to General Requirements), and the requirements set forth
				  in Subchapters D - G of this chapter (relating to Operations Requiring a
				  Permit; Source-Separated Recycling; Household Hazardous Waste Collection; and
				  End-Product Standards), and the air quality requirements in §
										332.8 of
				  this title (relating to Air Quality Requirements). These operations are
				  required to obtain a permit from the commission under Chapters 305 and 281 of
				  this title (relating to Consolidated Permits; and Applications Processing):
(1) operations that compost mixed municipal
				  solid waste;
(2) operations that
				  add any amount of mixed municipal solid waste as a feedstock in the composting
				  process; and
(3) operations that
				  commercially compost grease trap waste on or after September 1, 2003. Grease
				  trap waste is material collected in and from an interceptor in the sanitary
				  sewer service line of a commercial, institutional, or industrial food service
				  or processing establishment, including the solids resulting from de-watering
				  processes.
(A) All proposed operations that
				  compost any amount of grease trap waste must apply for a permit and must have a
				  permit prior to operating.
(B)
				  Existing facilities that are composting grease trap waste under a current
				  registration can continue to operate as authorized by that registration if:
(i) the person holding the registration
				  submits an application for a permit under Subchapter D of this chapter not
				  later than the 30th day after receiving notice from the commission of the
				  requirement to submit an application under Texas Health and Safety Code, §
													361.428(d);
				  and
(ii) the commission declares
				  the application administratively complete on or before June 1, 2004.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 332 - COMPOSTING › Subchapter A - GENERAL INFORMATION › Section 332.5 - Variances

Current through Reg. 49, No. 28; July 12, 2024
(a) In specific
				  cases the executive director may approve a variance from the requirements of
				  this chapter if the variance is not contrary to the public health and safety
				  and, due to special conditions, a literal enforcement of this chapter would
				  result in unnecessary hardship, and so that the spirit of the chapter is
				  observed. A variance may not be approved concerning the procedural requirements
				  of this chapter, including application procedures and the filing of reports, or
				  concerning the provisions of §
										332.8 of
				  this title (relating to Air Quality Requirements).
(b) A request for a variance must be
				  submitted in writing to the executive director. The request may be made in an
				  application for a registration or permit. Any approval of a variance must be in
				  writing from the executive director.
(c) If the variance is requested for a
				  facility permitted under this chapter, the commission must approve the
				  variance.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 332 - COMPOSTING › Subchapter A - GENERAL INFORMATION › Section 332.6 - Compost and Mulch Operations Located at Municipal Solid Waste Facilities

Current through Reg. 49, No. 28; July 12, 2024
(a) Facilities
				  that compost or mulch materials considered to be exempt, notification, or
				  registered facilities in §
										332.3 of
				  this title (relating to Applicability) may be located at municipal solid waste
				  permitted facilities. The owner shall prepare and submit a modification request
				  in accordance with the provisions of §
										305.70
				  of this title (relating to Municipal Solid Waste Permit and Registration
				  Modifications) unless the municipal solid waste facility permit authorizes
				  compost or mulch operations. If the municipal solid waste facility permit
				  authorizes compost operations, the compost operation shall be conducted in
				  accordance with the facility permit.
(b) Facilities considered to be permitted
				  facilities in §
										332.3 of
				  this title (relating to Applicability) may be located at municipal solid waste
				  permitted facilities. The owner shall prepare and submit an application for a
				  major permit amendment in accordance with the provisions of §
										305.62 of
				  this title (relating to Amendment) and shall submit the information required by
				  §
										332.47
				  of this title (relating to Permit Application Preparation) and shall fully
				  comply with the provisions of §
										332.41
				  of this title (relating to Permit Required).
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 332 - COMPOSTING › Subchapter A - GENERAL INFORMATION › Section 332.7 - Compost Operations Located at Waste Water Treatment Facilities

Current through Reg. 49, No. 28; July 12, 2024
Municipal sewage sludge composting facilities considered to
					 be registered facilities in §
										332.3 of
					 this title (relating to Applicability) may be located at waste water treatment
					 facilities that have received a water quality permit under the Texas Water
					 Code, Chapter 26. The owner shall prepare and submit a modification to amend
					 the water quality permit in accordance with the provisions of Chapter 305 of
					 this title (relating to Consolidated Permits). The applicant shall comply with
					 the provisions of §
										332.4 of
					 this title (relating to General Requirements) and §
										332.31
					 of this title (relating to Definition of and Requirements for Registered
					 Facilities) except where those provisions conflict with the provisions of the
					 water quality permit. If the wastewater treatment facility has received a water
					 quality permit under the Texas Water Code, Chapter 26, which authorizes compost
					 operations, the compost operation shall be conducted in accordance with the
					 facility permit.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 332 - COMPOSTING › Subchapter A - GENERAL INFORMATION › Section 332.8 - Air Quality Requirements

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  General requirements.
(1) Any composting or
				  mulching operation that has existing authority under the Texas Clean Air Act
				  does not have to meet the air quality criteria of this subchapter. Under Texas
				  Clean Air Act, §382.051, any new composting or mulching operation that
				  meets all of the applicable requirements of this subchapter is entitled to an
				  air quality standard permit authorization under this subchapter in lieu of the
				  requirement to obtain an air quality permit under Chapter 116 of this title
				  (relating to Control of Air Pollution by Permits for New Construction or
				  Modification).
(2) Those composting
				  or mulching operations that would otherwise be required to obtain air quality
				  authorization under Chapter 116 of this title and that cannot satisfy all of
				  the requirements of this subchapter, shall apply for and obtain air quality
				  authorization under Chapter 116 of this title in addition to any notification,
				  registration, or permit required in this subchapter.
(3) Any composting or mulching operation
				  authorized under this chapter that is a new major source or any modification
				  that constitutes a major modification under nonattainment review or prevention
				  of significant deterioration review as amended by the Federal Clean Air Act
				  amendments of 1990, and regulations promulgation thereunder, is subject to the
				  requirements of Chapter 116 of this title, in addition to any notification,
				  registration, or permit required in this chapter.
(4) Composting facilities that do not wish to
				  comply with the requirements of this section are required to apply for and
				  obtain air quality authorization under Chapter 116 of this title. Once a person
				  has applied for and obtained air quality authorization under Chapter 116 of
				  this title, the person is exempt from the air quality requirements of this
				  chapter.
(5) No person may
				  concurrently hold an air quality permit issued under Chapter 116 of this title
				  and an air quality standard permit authorized under this chapter for composting
				  or mulching operations at the same site.
(6) Composting or mulching operations that
				  have authorization under this chapter shall comply with the general
				  requirements in §
											332.4 of
				  this title (relating to General Requirements), and subsections (b), (c), (d),
				  or (e) of this section.
(7) The
				  operator of a composting or mulching operation operating under an air quality
				  standard permit shall maintain on file at all times and make immediately
				  available documentation that shows compliance with this section.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 332 - COMPOSTING › Subchapter B - OPERATIONS REQUIRING A NOTIFICATION › Section 332.21 - Operations Requiring Notification

Current through Reg. 49, No. 28; July 12, 2024
The following operations are subject to all the
					 requirements of this subchapter, the General Requirements found in §
										332.4 of
					 this title (relating to General Requirements), and the air quality requirements
					 of §
										332.8 of
					 this title (relating to Air Quality Requirements).
(1) Operations that compost any
				  source-separated meat, fish, dead animal carcasses, oils, greases, or dairy
				  materials.
(2) Operations that
				  incorporate any of the materials set forth in paragraph (1) of this section
				  with source-separated yard trimmings, clean wood material, vegetative material,
				  paper, or manure.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 332 - COMPOSTING › Subchapter B - OPERATIONS REQUIRING A NOTIFICATION › Section 332.22 - Notification

Current through Reg. 49, No. 28; July 12, 2024
(a) The operator
				  shall notify the executive director in writing of the existence of the facility
				  30 days prior to construction by completing and submitting forms provided by
				  the executive director.
(b) The
				  applicant shall include a map depicting the approximate boundaries of the
				  facility and all land bordering the facility. The applicant shall also include
				  a list, attached to the map, of the names and addresses of the owners of the
				  land bordering the facility such as can be determined from the current county
				  tax rolls or other reliable sources at the time the application is filed. The
				  applicant shall include the source of the information included in such list.
				  The chief clerk shall mail notice of the planned facility to the list of
				  property owners provided under this subsection. The chief clerk shall also mail
				  notice to other affected landowners as directed by the executive
				  director.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 332 - COMPOSTING › Subchapter B - OPERATIONS REQUIRING A NOTIFICATION › Section 332.23 - Operational Requirements

Current through Reg. 49, No. 28; July 12, 2024
Operation of the facility shall comply with all of the
					 following operational requirements.
(1)
				  Aerobic composting required. The facility shall utilize functionally aerobic
				  composting methods, although an anaerobic composting phase may be utilized in
				  the early stages of processing, if it is followed by a period of functionally
				  aerobic composting.
(2) Pathogen
				  reduction. One of the following protocols shall be used to reduce pathogens
				  during composting:
(A) Using either the
				  within-vessel composting method or the static aerated pile composting method,
				  the temperature of the composting materials shall be maintained at 55 degrees
				  Celsius or higher for three days; or
(B) Using the windrow composting method, the
				  temperature of the composting materials shall be maintained at 55 degrees
				  Celsius or higher for 15 days or longer. During the period when the composting
				  materials are maintained at 55 degrees Celsius or higher, there shall be a
				  minimum of five turnings of the windrow.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 332 - COMPOSTING › Subchapter C - OPERATIONS REQUIRING A REGISTRATION › Section 332.31 - Definition of and Requirements for Registered Facilities

Current through Reg. 49, No. 28; July 12, 2024
(a) Definition of registered facilities. The
				  following operations are subject to the requirements of this subchapter:
(1) operations that compost municipal sewage
				  sludge, except those facilities that compost municipal sewage sludge with mixed
				  municipal solid waste;
(2)
				  operations that compost positively-sorted organic materials from the municipal
				  solid waste stream;
(3) operations
				  that compost source-separated organic materials not exempted under §
											332.3(d)
				  of this title (relating to Applicability);
(4) operations that compost disposable
				  diapers or paper products soiled by human excreta;
(5) operations that compost the sludge
				  byproduct generated from the production of paper if the executive director
				  determines that the feedstock is appropriate under §
											332.33
				  of this title (relating to Required Forms, Applications, Reports, and Request
				  To Use the Sludge Byproduct of Paper Production); and
(6) operations that incorporate any of the
				  materials set forth in paragraphs (1) - (5) of this subsection with
				  source-separated yard trimmings, clean wood material, vegetative material,
				  paper, manure, meat, fish, dairy, oil, grease materials, or dead animal
				  carcasses.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 332 - COMPOSTING › Subchapter C - OPERATIONS REQUIRING A REGISTRATION › Section 332.32 - Certification by Engineer, Approval by Landowner, and Inspection

Current through Reg. 49, No. 28; July 12, 2024
(a) Certification
				  by licensed professional engineer. The operator shall obtain certification by a
				  Texas-Licensed Professional Engineer that the facility has been constructed as
				  designed and is in general compliance with the regulations prior to accepting
				  any feedstock at the facility that requires registration . The operator shall
				  maintain that certification on-site for inspection by the commission.
(b) Ownership or control of property. The
				  facility shall be located on property owned by the operator or the operator
				  shall establish, using an affidavit form provided by the commission, signed by
				  the owner and notarized, that the owner is aware of and consents to the
				  operation prior to any receipt of feedstock or processing activities. A copy of
				  the affidavit shall be kept on-site at all times.
(c) Inspection of facility. Prior to the
				  initial acceptance of any feedstocks, the facility shall be inspected by the
				  agency to determine compliance with the registration.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 332 - COMPOSTING › Subchapter C - OPERATIONS REQUIRING A REGISTRATION › Section 332.33 - Required Forms, Applications, Reports, and Request to Use the Sludge Byproduct of Paper Production

Current through Reg. 49, No. 28; July 12, 2024
(a) The operator
				  of the compost facility shall submit the following.
(1) Registration application form. The
				  operator shall submit a registration application form available from the
				  executive director.
(2)
				  Registration application. The registration application described in §
											332.34
				  of this title (relating to Registration Application).
(3) Reports.
(A) Final products.
(i) Semiannual reports. Facilities requiring
				  registration must submit reports on final product testing to the executive
				  director in compliance with §
													332.71(j)(1)
				  of this title (relating to Sampling and Analysis Requirements for Final
				  Product) on a semiannual basis.
(ii) Annual reports. The operator shall
				  submit annual written reports. These reports shall at a minimum include input
				  and output quantities, a description of the end-product distribution, and all
				  results of any required laboratory testing. A copy of the annual report shall
				  be kept on-site for a period of five years.
(B) Received materials. All registered
				  facility operators shall follow the same reporting requirements for received
				  materials as established in §
												332.43(2)(B)
				  of this title (relating to Required Forms, Applications, and
				  Reports).
(4) Fees.
				  Registered compost facilities shall follow the same fee requirements as
				  permitted compost facilities established in §
											332.43(3)
				  of this title.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 332 - COMPOSTING › Subchapter C - OPERATIONS REQUIRING A REGISTRATION › Section 332.34 - Registration Application

Current through Reg. 49, No. 28; July 12, 2024
Registration applications for composting must
					 include:
(1) Title page. The title
				  page shall show the name of the project, the name of the applicant, and the
				  location by city and county.
(2)
				  Signature of the applicant. The signature of the applicant(s), checked against
				  agency requirements, in accordance with §
										305.44
				  of this title (relating to Signatories to Applications).
(3) Affidavit. A notarized affidavit from the
				  applicant(s) verifying land ownership and landowner agreement to the proposed
				  activity.
(4) Table of contents.
				  The table of contents shall list and give the page numbers for the main
				  sections of the application.
(5)
				  Legal authority. The applicant shall provide verification of his/her legal
				  status. Normally, this is a one-page certificate of incorporation issued by the
				  Office of the Secretary of State.
(6) Evidence of competency. The applicant
				  shall provide the following:
(A) the names of
				  the principals and supervisors of the applicant's organization relative to the
				  proposed compost operation; and
(B)
				  the name, location, and permit or registration number of any compost operations
				  or solid waste operations that it is operating or has operated in
				  Texas.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 332 - COMPOSTING › Subchapter C - OPERATIONS REQUIRING A REGISTRATION › Section 332.35 - Registration Application Processing

Current through Reg. 49, No. 28; July 12, 2024
(a) An
				  application shall be submitted to the executive director. When an application
				  is administratively complete, the executive director shall assign the
				  application an identification number.
(b) Public Notice.
(1) When an application is administratively
				  complete the chief clerk shall mail notice to landowners identified in the
				  landowner list. The chief clerk also shall mail notice to other affected
				  landowners as directed by the executive director.
(2) When an application is technically
				  complete the chief clerk shall mail notice to landowners identified in the
				  landowner list. The chief clerk shall also mail notice to other affected
				  landowners as directed by the executive director. The applicant shall publish
				  notice in the county in which the facility is located and in adjacent counties.
				  The published notice shall be published once a week for three weeks. The
				  applicant should attempt to obtain publication in a Sunday edition of a
				  newspaper. The notice shall explain the method for submitting a motion for
				  reconsideration.
(3) Notice issued
				  under paragraphs (1) or (2) of this subsection shall contain the following
				  information:
(A) the identifying number given
				  the application by the executive director;
(B) the type of registration sought under the
				  application;
(C) the name and
				  address of the applicant(s);
(D)
				  the date on which the application was submitted; and
(E) a brief summary of the information
				  included in the application.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 332 - COMPOSTING › Subchapter C - OPERATIONS REQUIRING A REGISTRATION › Section 332.36 - Location Standards

Current through Reg. 49, No. 28; July 12, 2024
Facilities shall meet all of the following locational
					 criteria.
(1) One hundred-year
				  floodplain. The facility shall be located outside of the 100-year floodplain
				  unless the applicant can demonstrate that the facility is designed and will
				  operate to prevent washout during a 100-year storm event, or obtains a
				  Conditional Letter of Map Amendment (CLOMA) from the Federal Emergency
				  Management Administration (FEMA) Administrator.
(2) Drainage. The facility shall not
				  significantly alter existing drainage patterns.
(3) Wetlands. The facility shall not be
				  located in wetlands.
(4) Water
				  wells. The facility shall be located at least 500 feet from all public water
				  wells and at least 150 feet from private water wells.
(5) Surface water. The facility shall be
				  located at least 100 feet from creeks, rivers, intermittent streams, lakes,
				  bayous, bays, estuaries, or other surface waters in the state.
(6) Setback distance from facility boundary.
				  The setback distance from the facility boundary to the areas for receiving,
				  processing, or storing feedstock or final product shall be at least 50
				  feet.
(7) Edwards Aquifer recharge
				  zone. If located over the Recharge Zone of the Edwards Aquifer, a facility is
				  subject to Chapter 213 of this title (relating to Edwards Aquifer). The Edwards
				  Aquifer Recharge Zone is specifically that area delineated on maps in the
				  office of the executive director.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 332 - COMPOSTING › Subchapter C - OPERATIONS REQUIRING A REGISTRATION › Section 332.37 - Operational Requirements

Current through Reg. 49, No. 28; July 12, 2024
The operation of the facility must comply with all of the
					 following operational requirements.
(1)
				  Protection of surface water. The facility must be constructed, maintained, and
				  operated to manage run-on and run-off during a 25-year, 24-hour rainfall event
				  and must 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
				  must be considered leachate. Leachate must be contained in retention facilities
				  until reapplied on piles of feedstock, in-process, or unprocessed materials.
				  The retention facilities must be lined and the liner must be constructed in
				  compliance with paragraph (2) of this section. Leachate may be treated and
				  processed at an authorized facility or as authorized by a Texas Pollutant
				  Discharge Elimination System permit. The use of leachate in any processing must
				  be conducted in a manner that does not contaminate the final product.
(2) Protection of groundwater. The facility
				  must be designed, constructed, maintained, and operated to protect groundwater.
				  Facilities that compost municipal sewage sludge, disposable diapers, and/or the
				  sludge byproduct of paper mill production must install and maintain a liner
				  system complying with the provisions of subparagraph (A), (B), or (C) of this
				  paragraph. The liner system must be provided where receiving, mixing,
				  composting, post-processing, screening, or storage areas would be in contact
				  with the ground or in areas where leachate, contaminated materials,
				  contaminated product, or contaminated water is stored or retained. The
				  application must demonstrate the facility is designed to prevent contamination
				  or degradation of the groundwater. For the purposes of these sections,
				  protection of the groundwater includes the protection of perched water or
				  shallow surface infiltration. The lined surface must be covered with a material
				  designed to withstand normal traffic from the composting operations. At a
				  minimum, the lined surface must consist of soil, synthetic, or an alternative
				  material that is equivalent to two feet of compacted clay with a hydraulic
				  conductivity of 1 x 10-7 centimeters per second or
				  less.
(A) Soil liners shall have more than 30%
				  passing a number 200 sieve, have a liquid limit greater than 30%, and a
				  plasticity index greater than 15.
(B) Synthetic liners shall be a membrane with
				  a minimum thickness of 20 mils.
(C)
				  Alternative designs shall utilize an impermeable liner (such as
				  concrete).
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 332 - COMPOSTING › Subchapter C - OPERATIONS REQUIRING A REGISTRATION › Section 332.38 - Records Requirements

Current through Reg. 49, No. 28; July 12, 2024
(a) Facilities
				  that compost municipal sewage sludge. For facilities that compost only
				  municipal sewage sludge or compost municipal sewage sludge with any
				  source-separated materials, the operator shall comply with the provisions of
				  Chapter 312 of this title (relating to Sludge Use, Disposal, and
				  Transportation).
(b) All other
				  registered facilities.
(1) The operator shall
				  maintain records on-site, available for inspection by the commission, for a
				  period consisting of the two most recent calendar years. The records shall
				  consist of the following:
(A) the facility
				  registration obtained from the commission;
(B) a log of abnormal events at the facility,
				  including but not limited to, process disruptions, extended equipment failures,
				  injuries, and weather damage; and
(C) results of final product testing required
				  by §
												332.71(j)
				  of this title (relating to Sampling and Analysis Requirements for Final
				  Product).
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 332 - COMPOSTING › Subchapter D - OPERATIONS REQUIRING A PERMIT › Section 332.41 - Requirements and Application Processing for a Permit Facility

Current through Reg. 49, No. 28; July 12, 2024
(a) The following
				  operations are subject to the requirements of this subchapter:
(1) operations that compost mixed municipal
				  solid waste not in accordance with §
											332.31
				  of this title (relating to Definition of and Requirements for Registered
				  Facilities);
(2) operations that
				  add any amount of mixed municipal solid waste as a feedstock in the composting
				  process; and
(3) operations that
				  commercially compost grease trap waste.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 332 - COMPOSTING › Subchapter D - OPERATIONS REQUIRING A PERMIT › Section 332.42 - Certification by Engineer, Ownership or Control of Land, and Inspection

Current through Reg. 49, No. 28; July 12, 2024
(a) Certification
				  by licensed professional engineer. The operator shall obtain certification by a
				  Texas-Licensed Professional Engineer that the facility has been constructed as
				  designed and in general compliance with the regulations prior to accepting any
				  feedstock at the facility that requires a permit. The operator shall maintain
				  that certification on-site for inspection by the commission.
(b) Ownership or control of property. The
				  facility shall be located on property owned by the operator or the operator
				  shall establish, using an affidavit form provided by the commission, signed by
				  the owner and notarized, that the owner is aware of and consents to the
				  operation prior to any receipt of feedstock or processing activities. A copy of
				  the affidavit shall be kept on-site at all times.
(c) Inspection of facility. Prior to the
				  initial acceptance of any feedstocks, the facility shall be inspected by the
				  agency to determine compliance with the permit.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 332 - COMPOSTING › Subchapter D - OPERATIONS REQUIRING A PERMIT › Section 332.43 - Required Forms, Applications, and Reports

Current through Reg. 49, No. 28; July 12, 2024
The operator shall submit all of the following.
(1) Permit application form. The operator
				  shall submit a permit application, available from the executive director, and
				  prepared in accordance with the requirements of §
										332.47
				  of this title (relating to Permit Application Preparation).
(2) Reports.
(A) Final products.
(i) Monthly reports. Facilities requiring
				  permit must submit reports on final product testing to the executive director
				  in compliance with §
												332.71(j)(1)
				  of this title (relating to Sampling and Analysis Requirements for Final
				  Product) on a monthly basis.
(ii)
				  Annual reports. The operator shall submit annual written reports. These reports
				  shall at a minimum include input and output quantities, a description of the
				  end-product distribution, and all results of any required laboratory testing. A
				  copy of the annual report shall be kept on-site for a period of five
				  years.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 332 - COMPOSTING › Subchapter D - OPERATIONS REQUIRING A PERMIT › Section 332.44 - Location Standards

Current through Reg. 49, No. 28; July 12, 2024
Facilities shall meet all of the following locational
					 criteria.
(1) One hundred-year
				  floodplain. The facility shall be located outside of the 100-year floodplain
				  unless the applicant can demonstrate that the facility is designed and will
				  operate to prevent washout during a 100-year storm event, or obtains a
				  Conditional Letter of Map Amendment (CLOMA) from the Federal Emergency
				  Management Administration (FEMA) Administrator.
(2) Drainage. The facility shall not
				  significantly alter existing drainage patterns.
(3) Wetlands. The facility shall not be
				  located in wetlands.
(4) Water
				  wells. The facility shall be located at least 500 feet from all public water
				  wells and at least 150 feet from private water wells.
(5) Surface water. The facility shall be
				  located at least 100 feet from creeks, rivers, intermittent streams, lakes,
				  bayous, bays, estuaries, or other surface waters in the state.
(6) Setback distance from facility boundary.
				  The setback distance from the facility boundary to the areas for receiving,
				  processing, or storing feedstock or final product shall be at least 50
				  feet.
(7) Edwards Aquifer Recharge
				  Zone. If located over the Recharge Zone of the Edwards Aquifer, a facility is
				  subject to Chapter 213 of this title (relating to Edwards Aquifer). The Edwards
				  Aquifer Recharge Zone is specifically that area delineated on maps in the
				  office of the executive director.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 332 - COMPOSTING › Subchapter D - OPERATIONS REQUIRING A PERMIT › Section 332.46 - Records Requirements

Current through Reg. 49, No. 28; July 12, 2024
(a) Records.
				  The operator shall maintain records on-site, available for inspection by the
				  commission, for a period consisting of the two most recent calendar years. The
				  records shall consist of the following:
(1)
				  the facility operating permit obtained from the commission;
(2) a log of abnormal events at the facility,
				  including but not limited to, process disruptions, extended equipment failures,
				  injuries, and weather damage; and
(3) results of final product testing required
				  by §
											332.71(j)
				  of this title (relating to Sampling and Analysis Requirements for Final
				  Product).
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 332 - COMPOSTING › Subchapter E - SOURCE-SEPARATED RECYCLING › Section 332.51 - General Requirements and Applicability

Current through Reg. 49, No. 28; July 12, 2024
(a) A permittee shall not accept mixed
				  municipal solid waste from a governmental unit for composting purposes until
				  the commission determines that residents have reasonable access to
				  source-separated recycling programs.
(b) Materials collected or accepted pursuant
				  to this subchapter shall not be placed into the mixed municipal solid waste
				  composting or mixed waste handling operations at a mixed municipal solid waste
				  composting facility, but may be processed separately at such a facility for
				  recycling.
(c) For purposes of this
				  subchapter, recyclable materials that are collected separately from mixed
				  municipal solid waste are considered source-separated recyclable materials.
				  Recyclable materials collected in separate containers or bags and commingled
				  with mixed municipal solid waste shall be considered to have been collected
				  separately unless the bags or containers break during the time the materials
				  are commingled.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 332 - COMPOSTING › Subchapter E - SOURCE-SEPARATED RECYCLING › Section 332.52 - Demonstration To Provide Reasonable Access for Residents

Current through Reg. 49, No. 28; July 12, 2024
The permit applicant shall provide demonstration of
					 reasonable access to source-separated recycling programs using any one of the
					 four options presented in paragraphs (1)-(4) of this section.
(1) Option 1. At least one collection center
				  for recycling of materials is provided for each mixed municipal solid waste
				  composting facility and at least one collection center for each transfer
				  station from which wastes are delivered to such composting facilities. These
				  collection centers may be located at the composting facility or transfer
				  station or at locations more convenient to the affected residents. "More
				  convenient" means at a shorter average road distance from the residences served
				  by the center, or in a central or high traffic location in the most populated
				  municipality served by the center.
(2) Option 2. Curbside recycling.
(A) For each such municipality with an
				  affected population less than 15,000, single-family homes shall be provided
				  residential curbside recycling at least twice per month for aluminum, steel,
				  and bimetal cans and, at a minimum, three of the materials listed in accordance
				  with §
											332.53
				  of this title (relating to List of Recyclable Materials); or
(B) For each such municipality with an
				  affected population of 15,000 or more, single-family homes shall be provided
				  weekly residential curbside recycling of aluminum, steel, and bimetal cans and,
				  at a minimum, four of the materials listed in accordance with §
											332.53
				  of this title (relating to List of Recyclable Materials).
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 332 - COMPOSTING › Subchapter E - SOURCE-SEPARATED RECYCLING › Section 332.53 - List of Recyclable Materials

Current through Reg. 49, No. 28; July 12, 2024
The executive director shall establish a list of recyclable
					 materials of which there is an established market for the processing and use of
					 such materials, and shall make the list available to the public. The executive
					 director may revise the list if market factors change.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 332 - COMPOSTING › Subchapter F - HOUSEHOLD HAZARDOUS WASTE COLLECTION › Section 332.61 - General Requirements and Applicability

Current through Reg. 49, No. 28; July 12, 2024
(a) A compost permittee shall not accept
				  mixed municipal solid waste from a governmental entity until the commission
				  determines that residents in that service area have reasonable access to
				  household hazardous waste collection programs.
(b) Materials collected or accepted pursuant
				  to this subchapter shall not be placed into the mixed municipal solid waste
				  composting or mixed waste handling operations at a mixed municipal solid waste
				  composting facility, but may be processed separately at such a facility for
				  recycling.
(c) Any person who
				  intends to conduct a collection event or intends to operate a permanent
				  collection center shall comply with the requirements of Chapter 335, Subchapter
				  N of this title (relating to Household Hazardous Wastes).
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 332 - COMPOSTING › Subchapter F - HOUSEHOLD HAZARDOUS WASTE COLLECTION › Section 332.62 - Demonstration To Provide Reasonable Access for Residents

Current through Reg. 49, No. 28; July 12, 2024
(a) The permit applicant shall provide
				  demonstration of reasonable access to household hazardous waste collection
				  using either Option 1 or Option 2.
(1) Option
				  1. A permit applicant shall provide one of the following alternatives for the
				  collection of household hazardous wastes based upon population.
(A) A permittee with a facility in a service
				  area with a population less than 100,000 shall provide one permanent collection
				  site with a minimum of 12 hours per year of access outside of regular business
				  hours or semiannual collections each with a minimum of six hours continuous
				  periods of access outside of regular business hours.
(B) A permittee with a facility in a service
				  area with a population between 100,000 and 500,000 shall provide one permanent
				  collection site with a minimum of 36 hours per year of access outside of
				  regular business hours or six collections each with a minimum of six hours
				  continuous periods of access outside of regular business hours.
(C) A permittee with a facility in a service
				  area with a population between 500,000 and 1.0 million shall provide one
				  permanent collection site with a minimum of 48 hours per year of access outside
				  of regular business hours or eight collections each with a minimum of six hours
				  continuous periods of access outside of regular business hours.
(D) A permittee with a facility in a service
				  area with a population over 1.0 million shall provide one permanent collection
				  site with a minimum of 96 hours per year of access outside of regular business
				  hours or 16 collections each with a minimum of six hours continuous periods of
				  access outside of regular business hours and at locations other than the
				  permitted site that increase reasonable public access to household hazardous
				  waste collection.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 332 - COMPOSTING › Subchapter F - HOUSEHOLD HAZARDOUS WASTE COLLECTION › Section 332.63 - Materials To Be Accepted

Current through Reg. 49, No. 28; July 12, 2024
Household hazardous waste collection programs required
					 under this subchapter shall accept household hazardous waste as defined in
					 §
										335.402 of
					 this title (relating to Definitions).
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 332 - COMPOSTING › Subchapter F - HOUSEHOLD HAZARDOUS WASTE COLLECTION › Section 332.64 - Public Education

Current through Reg. 49, No. 28; July 12, 2024
(a) A written or
				  more effective notice or combination of both that is reasonably designed to
				  reach each household affected by this subchapter shall be distributed in a
				  timely manner to enable any interested resident to participate in each
				  collection opportunity.
(b) The
				  notice shall explain the following:
(1) the
				  benefits of participating in the collection;
(2) the opportunities available pursuant to
				  this subchapter and through other means (such as the lead-acid battery trade-in
				  program);
(3) the materials that
				  can be brought for safe disposal under this program;
(4) the proper preparation of the materials
				  for this program; and
(5) a
				  telephone number at which more information about the services can be
				  obtained.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 332 - COMPOSTING › Subchapter G - END-PRODUCT STANDARDS › Section 332.71 - Sampling and Analysis Requirements for Final Product

Current through Reg. 49, No. 28; July 12, 2024
(a) Applicability. Facilities that receive a
				  registration or permit under this chapter are required to test final product in
				  accordance with this section. Final product derived from municipal sewage
				  sludge at registered facilities is not subject to the requirements of this
				  section but must comply with the requirements of Chapter 312 of this title
				  (relating to Sludge Use, Disposal, and Transportation).
(b) Analytical methods. Facilities that use
				  analytical methods to characterize their final product must use methods
				  described in the following publications.
(1)
				  Chemical and physical analysis shall utilize:
(A)
"Test Methods for the Evaluation
				  of Solid Waste, Physical/Chemical Methods"
(SW-846);
(B)
"Methods for Chemical Analysis of
				  Water and Wastes"
(EPA-600); or
(C)
"Recommended Test Methods for the
				  Examination of Composts and Composting"
(Compost Council,
				  1995).
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 332 - COMPOSTING › Subchapter G - END-PRODUCT STANDARDS › Section 332.72 - Final Product Grades

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Applicability. Facilities that receive a registration or permit under this
				  chapter are required to test final product in accordance with this section.
				  Final product derived from municipal sewage sludge at registered facilities is
				  not subject to the requirements of this section, but it must comply with the
				  requirements of Chapter 312 of this title (relating to Sludge Use, Disposal,
				  and Transportation).
(b) Grades.
				  Compost material that has undergone the composting process and is ready for
				  distribution shall be considered final product, and shall be classified with
				  one of the following grade names:
(1) Grade 1
				  Compost;
(2) Grade 2
				  Compost;
(3) Waste Grade
				  Compost.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 332 - COMPOSTING › Subchapter G - END-PRODUCT STANDARDS › Section 332.73 - Allowable Uses of Final Product by Grade

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Applicability. Facilities that receive a registration or permit under this
				  chapter are required to test final product in accordance with this section.
				  Final product derived from municipal sewage sludge at registered facilities is
				  not subject to the requirements of this section, but must comply with the
				  requirements of Chapter 312 of this title (relating to Sludge Use, Disposal,
				  and Transportation).
(b)
				  Distribution. Distribution and use of final product shall be in accordance with
				  the following restrictions.
(1) Grade 1
				  Compost. There are no restrictions on the use of Grade 1 compost.
(2) Grade 2 Compost. Grade 2 compost shall
				  not be used at a residence or licensed child-care facility.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 332 - COMPOSTING › Subchapter G - END-PRODUCT STANDARDS › Section 332.74 - Compost Labelling Requirements

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Applicability. Facilities that receive a registration or permit under this
				  chapter are required to test final product in accordance with this section.
				  Final product derived from municipal sewage sludge at registered facilities is
				  not subject to the requirements of this section, but must comply with the
				  requirements of Chapter 312 of this title (relating to Sludge Use, Disposal,
				  and Transportation).
(b) Label
				  information. All compost distributed within Texas derived from feedstock
				  identified in the registration and permit tiers in §
										332.3 of
				  this title (relating to Applicability) shall be clearly labelled according to
				  the following requirements. The label information must be grouped together and
				  plainly printed in English and Spanish.
(1)
				  Labels and vouchers. Compost distributed in containers shall have a label
				  attached to or on the face of the container. Vouchers which provide the same
				  information as required on labels shall be given to persons receiving compost
				  distributed in bulk.
(2)
				  Labels/vouchers information. The label or voucher shall include the information
				  described in subparagraphs (A) or (B) of this paragraph.
(A) General statement.
(i) Grade 1 Compost. "This product is
				  considered Grade 1 Compost and meets the requirements and standards described
				  in 30 Texas Administrative Code §
													332.72 and
				  has unrestricted use."
(ii) Grade 2
				  Compost. "This product is considered Grade 2 Compost and meets the requirements
				  and standards described in 30 Texas Administrative Code §
													332.72 and
				  cannot be used at a residence or licensed childcare facility."
(B) Feedstocks. Specify the
				  feedstock or feedstocks from which the compost was derived. When two or more
				  feedstocks are used, the label or voucher shall indicate each feedstock used in
				  descending order or predominance by wet weight. For purposes of specifying
				  feedstocks for this labelling requirement, water added to composting materials
				  shall not be considered a feedstock. The label shall identify one or more of
				  the following general descriptions of feedstock:
(i) source-separated organic
				  materials;
(ii) source-separated
				  meat, fish, chicken, oils, or greases;
(iii) municipal sewage sludge;
(iv) organic materials derived from a
				  positive sort of mixed municipal solid waste;
(v) grease trap waste;
(vi) disposable diapers;
(vii) the sludge byproduct of paper
				  production; and
(viii) mixed
				  municipal solid waste.
(C) Incorporation into soil. The label shall
				  state that it is recommended that compost be mixed into the top 15 centimeters
				  of soil.