30 Tex. Admin. Code § 332.34

Current through Reg. 49, No. 44; November 1, 2024

Section 332.34 - Registration Application

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.

(7) Notice of appointment. The applicant shall provide a notice of appointment identifying the applicant's engineer.

(8) Notice of coordination. The applicant shall provide notice of coordination with all local, state, and federal government officials and agencies.

(9) Legal description. The applicant shall provide the following:

(A) a legal description of the property and the county, book, and page number of the current ownership record from the county deed records; and

(B) a boundary metes and bounds drawing and description of the site signed and sealed by a registered professional land surveyor.

(10) Location description.

(A) Map. The applicant shall clearly show the boundaries of the planned facility on a map that is all or a portion of a county map prepared by Texas Department of Transportation (TxDOT). At a minimum, the map shall be at a scale of 1/2 inch equals one mile.

(B) Geographic coordinates. The applicant shall supply geographic coordinates for the southeast corner of the facility.

(11) Landowner list. The applicant shall include a list of adjacent landowners and their addresses along with an appropriately scaled map locating the property owned by these persons.

(12) Site operating plan. The applicant shall submit a site operating plan. This document is to provide guidance from the design engineer to site management and operating personnel in sufficient detail to enable them to conduct day-to-day operations in a manner consistent with the engineer's design. At a minimum, the site operating plan shall include specific guidance or instructions on all of the following:

(A) the process description, which must be composed of a descriptive narrative along with a process diagram. The process description shall include the items listed in clauses (i) - (vi) of this subparagraph.

(i) Feedstock identification. The applicant shall prepare a list of the materials intended for processing along with the anticipated volume to be processed. This section shall also contain an estimate of the daily quantity of material to be processed at the facility along with a description of the proposed process of screening for unauthorized and prohibited materials.

(ii) Tipping process. Indicate what happens to the feedstock material from the point it enters the gate. Indicate how the material is handled in the tipping area, how long it remains in the tipping area, what equipment is used, how the material is evacuated from the tipping area, at what interval the tipping area is cleaned, and the process used to clean the tipping area.

(iii) Process. Indicate what happens to the material as it leaves the tipping area. Indicate how the material is incorporated into the process and what process or processes are used until it goes to the post-processing area. The narrative shall include: water addition, processing rates, equipment, energy and mass balance calculations, and process monitoring method.

(iv) Post-processing. Provide a complete narrative on the post-processing process, include post-processing times, identification and segregation of product, storage of product, quality assurance, and quality control.

(v) Product distribution. Provide a complete narrative on product distribution including items such as: end-product quantities, anticipated final grades, packaging, labeling, loading, and tracking bulk material.

(vi) Process diagram. Present a process diagram that displays graphically, the narrative generated in response to clauses (i) - (v) of this paragraph;

(B) the minimum number of personnel and their functions to be provided by the site operator in order to have adequate capability to conduct the operation in conformance with the design and operational standards;

(C) the minimum number and operational capacity of each type of equipment to be provided by the site operator in order to have adequate capability to conduct the operation in conformance with the design and operational standards;

(D) security, site access control, traffic control, and safety;

(E) control of dumping within designated areas, screening for unprocessable, prohibited, and unauthorized material;

(F) a fire prevention and suppression plan that complies with provisions of the local fire code, which shall also be sent to the local fire protection entity responsible for responding to a fire at the facility;

(G) control of windblown material;

(H) vector control;

(I) quality assurance and quality control.

(i) Municipal sewage sludge compost facilities. The operator shall comply with the provisions of Chapter 312 of this title (relating to Sludge Use, Disposal, and Transportation).

(ii) All other registered facilities. As a minimum, the applicant shall provide testing and assurance in accordance with the provisions of § 332.71 of this title (relating to Sampling and Analysis Requirements for Final Product).

(J) equipment failures, including alternative plans in the event of an equipment failure; and

(K) a description of the anticipated final grade of the materials.

(13) Construction plans and specifications. The applicant shall submit facility construction plans and specifications. The facility plans and specifications shall reflect the provisions of this chapter to the maximum extent possible.

(14) Closure plan. The applicant shall provide a plan for proper closure of the facility, including disposition of any remaining feedstocks, in-process, and processed materials.

(15) Financial assurance. The applicant shall be subject to the requirements of §328.5(c) - (e) of this title (relating to Reporting and Recordkeeping Requirements).

30 Tex. Admin. Code § 332.34

The provisions of this §332.34 adopted to be effective November 29, 1995, 20 TexReg 9717; amended to be effective November 4, 2004, 29 TexReg 10130