Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 312 - SLUDGE USE, DISPOSAL, AND TRANSPORTATION › Subchapter A - GENERAL PROVISIONS › Section 312.12 - Registrations

Current through Reg. 49, No. 28; July 12, 2024
(a) Except as
				  provided in §
										312.4(b)
				  of this title (relating to Required Authorizations or Notifications), an
				  applicant for a registration to land apply Class A biosolids Class AB biosolids
				  water treatment residuals, and domestic septage shall:
(1) submit to the executive director an
				  original, completed application form approved by the executive director, along
				  with the appropriate number of copies of the registration application. Each
				  applicant shall submit to the executive director such information as may
				  reasonably be required to enable the executive director to determine whether
				  such land application for beneficial use activities are compliant with the
				  terms of this chapter. Such information may include, but is not limited to, the
				  following:
(A) a description and composition
				  of the material to be land applied;
(B) a description of all processes generating
				  the material to be land applied at the site;
(C) information about the site and the
				  planned management of the material to be land applied, including the name,
				  address, and telephone number of any landowner or operator at the site and the
				  following information:
(i) whether such
				  material is managed on site and/or off site from its point of
				  generation;
(ii) a description of
				  each on-site land application unit including the name, address, and telephone
				  number of all landowners, or the same information from a landowner acting as a
				  spokesperson(s) for all the landowners, so long as the spokesperson submits to
				  the executive director a sworn statement allowing the spokesperson to act for
				  other persons;
(iii) a listing of
				  the types of material to be land applied on each land application unit
				  ;
(iv) a detailed description of
				  the beneficial use occurring at each land application unit where application of
				  Class A or Class AB biosolids water treatment residuals, and domestic septage
				  is proposed, including proposed waste management and crop production methods;
				  and
(v) information regarding soil
				  characteristics and subsurface conditions where the land application unit will
				  be located;
(D) the
				  verified legal status of the applicant(s), as applicable;
(E) the notarized signature of each
				  applicant, in accordance with §
												305.44
				  of this title (relating to Signatories to Applications);
(F) a notarized affidavit from the
				  applicant(s) verifying land ownership or landowner agreement to the proposed
				  activity;
(G) technical reports and
				  supporting data required by the application;
(H) for applications for major amendments or
				  new registrations, information concerning surrounding landowners, including the
				  following, as applicable:
(i) a map depicting
				  the approximate boundaries of the tract of land owned or under the control of
				  the applicant and each residential or business address and owner of all the
				  tracts of land bordering the perimeter of any portion of the site;
(ii) a list on or attached to the map of the
				  names and addresses of the owners of such tracts of land as can be determined
				  from the current county tax rolls at the time the application is filed, and
				  other reliable sources. The list of property owners must be provided in both
				  hard copy and either in electronic format or on four sets of self-adhesive
				  mailing labels; and
(iii) the
				  source of the information;
(I) analytical results establishing the
				  background soil concentration of metals regulated by this chapter in each land
				  application unit as applicable, based on the following:
(i) samples taken from the zero to six-inch
				  zone of soil;
(ii) soil samples
				  that accurately show soil conditions in each land application unit and that are
				  taken at a spatial distribution of at least one composite sample per every 80
				  acres or less of soil type or area being sampled;
(iii) composite samples comprised of ten to
				  15 samples taken from points randomly distributed across the entire soil type
				  or area(s) being sampled;
(iv) a
				  separate composite sample taken from each United States Department of
				  Agriculture (USDA) Natural Resource Conservation Service (NRCS) soil type
				  (soils with the same characterization or texture), unless an alternate method
				  is used;
(v) when using an
				  alternate method for defining areas to be sampled such as sampling by
				  agricultural management units or other defined areas, a sampling plan also
				  included in the application, which sufficiently establishes background soil
				  conditions through proportionate sampling of each USDA NRCS soil type in each
				  area sampled;
(J)
				  analytical results establishing the background soil concentration of nutrients,
				  salinity, and pH in each land application unit as applicable, based on the
				  following:
(i) separate samples taken from
				  the zero to six-inch and from the six to 24-inch zones of soil;
(ii) soil samples that accurately show soil
				  conditions in each land application unit and that are taken at a spatial
				  distribution of at least one composite sample per every 80 acres or less of
				  soil type or area being sampled;
(iii) composite samples comprised of ten to
				  15 samples taken from points randomly distributed across the entire soil type
				  or area(s) being sampled;
(iv) a
				  separate composite sample taken from each USDA NRCS soil type (soils with the
				  same characterization or texture), unless an alternate method is
				  used;
(v) when using an alternate
				  method for defining areas to be sampled such as sampling by agricultural
				  management units or other defined areas, a sampling plan also included in the
				  application, which sufficiently establishes background soil conditions through
				  proportionate sampling of each USDA NRCS soil type in each area
				  sampled;
(K) any
				  information provided under this paragraph submitted to the executive director
				  in quadruplicate form;