30 Tex. Admin. Code § 332.47 - Permit Application Preparation
To assist the commission in evaluating the technical merits of a compost facility, an applicant subject to this chapter shall submit a site development plan to the commission along with a compost permit application form provided by the executive director. The site development plan must be sealed by a Texas-licensed professional engineer in accordance with the provisions of 22 TAC § 137.33(relating to Engineers' Seals). The site development plan must contain all of the following information.
(1) Title page.
A title page shall show the name of the project, the county (and city if
applicable) in which the proposed project is located, the name of the
applicant, the name of the engineer, the date the application was prepared, and
the latest date the application was revised.
(2) Table of contents. A table of contents
shall be included which lists the main sections of the plan, any requested
variances, and page numbers.
(3)
Engineer's appointment. The site development plan shall contain an engineer's
appointment, which consists of a letter from the applicant to the executive
director identifying the consulting engineering firm responsible for the
submission of the plan, specifications, and any other technical data to be
evaluated by the commission regarding the project.
(4) Land use. To assist the executive
director in evaluating the impact of the facility on the surrounding area, the
applicant shall provide the following:
(A) a
description of the zoning at the facility and within one mile of the facility.
If the facility requires approval as a nonconforming use or a special use
permit from the local government having jurisdiction, a copy of such approval
shall be submitted with the application;
(B) a description of the character of the
surrounding land uses within one mile of the proposed facility;
(C) proximity to residences and other uses
(e.g., schools, churches, cemeteries, historic structures, historic sites,
archaeologically significant sites, sites having exceptional aesthetic quality,
parks, recreational sites, recreational facilities, licensed day care centers,
etc.). Give the approximate number of residences and business establishments
within one mile of the proposed facility including the distances and directions
to the nearest residences and businesses;
(D) a discussion that shows the facility is
compatible with the surrounding land uses; and
(E) a constructed land use map showing the
land use, zoning, residences, businesses, schools, churches, cemeteries,
historic structures, historic sites, archaeologically significant sites, sites
having exceptional aesthetic quality, licensed day care centers, parks,
recreational sites and recreational facilities within one mile of the facility,
and wells within 500 feet of the facility.
(5) Access. To assist the executive director
in evaluating the impact of the facility on the surrounding roadway system, the
applicant shall provide the following:
(A)
data on the roadways within one mile of the facility used to access the
facility. The data shall include dimensions, surfacing, general condition,
capacity, and load limits;
(B) data
on the volume of vehicular traffic on access roads within one mile of the
proposed facility. The applicant shall include both existing and projected
traffic during the life of the facility (for projected include both traffic
generated by the facility and anticipated increase without the
facility);
(C) an analysis of the
impact the facility will have on the area roadway system, including a
discussion on any mitigating measures (turning lanes, roadway improvements,
intersection improvements, etc.) proposed with the project; and
(D) an access roadway map showing all area
roadways within a mile of the facility. The data and analysis required in
subparagraphs (A) - (C) of this paragraph shall be keyed to this map.
(6) Facility development. To
assist the executive director in evaluating the impact of the facility on the
environment, the applicant shall provide the following.
(A) Surface water protection plan. The
surface water protection plan shall be prepared by a licensed professional
engineer. At a minimum, the applicant shall provide all of the following:
(i) a design for a run-on control system
capable of preventing flow onto the facility during the peak discharge from at
least a 25-year, 24-hour rainfall event;
(ii) a design for a runoff management system
to collect and control at least the peak discharge from the facility generated
by a 25-year, 24-hour rainfall event;
(iii) a design for a contaminated water
collection system to collect and contain all leachate. If the design uses
leachate for any processing, the applicant shall clearly demonstrate that such
use will not result in contamination of the final product; and
(iv) drainage calculations as follows.
(I) Calculations for areas of 200 acres or
less shall follow the rational method as specified in the Texas Department of
Transportation Bridge Division Hydraulic Manual.
(II) Calculations for discharges from areas
greater than 200 acres shall be computed by using United States Geological
Survey (USGS) hydraulic equations compiled by the USGS and the Texas Department
of Transportation Bridge Division Hydraulic Manual, the HEC-1 and HEC-2
computer programs developed through the Hydrologic Engineering Center of the
United States Army Corps of Engineers, or an equivalent or better method
approved by the executive director.
(III) Calculations for sizing containment
facilities for leachate shall be determined by a mass balance based on the
facility's proposed leachate disposal method.
(IV) Temporary and permanent erosion control
measures shall be discussed;
(v) drainage maps and drainage plans shall be
provided as follows:
(I) an off-site
topographic drainage map showing all areas that contribute to the facility's
run-on. The map shall delineate the drainage basins and sub-basins, show the
direction of flow, time of concentration, basin area, rainfall intensity, and
flow rate. This map shall also show all creeks, rivers, intermittent streams,
lakes, bayous, bays, estuaries, arroyos, and other surface waters in the
state;
(II) a pre-construction
on-site drainage map. The map shall delineate the drainage basins and
sub-basins, show the direction of flow, time of concentration, basin area,
rainfall intensity and flow rate;
(III) a post-construction on-site drainage
map. The map shall delineate the drainage basins and sub-basins, show the
direction of flow, time of concentration, basin area, rainfall intensity, and
flow rate;
(IV) a drainage
facilities map. The map shall show all proposed drainage facilities (ditches,
ponds, piping, inlets, outfalls, structures, etc.) and design parameters
(velocities, cross-section areas, grades, flowline elevations, etc.). Complete
cross-sections of all ditches and ponds shall be included;
(V) a profile drawing. The drawing shall
include profiles of all ditches and pipes. Profiles shall include top of bank,
flowline, hydraulic grade, and existing groundline. Ditches and swells shall
have a minimum of one foot of freeboard;
(VI) a floodplain and wetlands map. The map
shall show the location and lateral extent of all floodplains and wetlands on
the site and on lands within 500 feet of the site; and
(VII) an erosion control map which indicates
placement of erosion control features on the site.
(B) Geologic/hydrogeologic report.
The geologic/hydrogeologic report shall be prepared by an engineer or qualified
geologist/hydrogeologist. The applicant shall include discussion and
information on all of the following:
(i) a
description of the regional geology of the area. This section shall include:
(I) a geologic map of the region with text
describing the stratigraphy and lithology of the map units. An appropriate
section of a published map series such as the Geologic Atlas of Texas prepared
by The University of Texas at Austin's Bureau of Economic Geology is
acceptable;
(II) a description of
the generalized stratigraphic column in the facility area from the base of the
lowermost aquifer capable of providing usable groundwater, or from a depth of
1,000 feet, whichever is less, to the land surface. The geologic age,
lithology, variation in lithology, thickness, depth geometry, hydraulic
conductivity, and depositional history of each geologic unit should be
described based upon available geologic information;
(ii) a description of the geologic processes
active in the vicinity of the facility. This description shall include an
identification of any faults and/or subsidence in the area of the
facility;
(iii) a description of
the regional aquifers in the vicinity of the facility based upon published and
open-file sources. The section shall provide:
(I) aquifer names and their association with
geologic units described in clause (i) of this subparagraph;
(II) a description of the composition of the
aquifer(s);
(III) a description of
the hydraulic properties of the aquifer(s);
(IV) identification of areas of recharge to
the aquifers within five miles of the site; and
(V) the present use of groundwater withdrawn
from aquifers in the vicinity of the facility;
(iv) subsurface investigation report. This
report shall describe all borings drilled on site to test soils and
characterize groundwater and shall include a site map drawn to scale showing
the surveyed locations and elevations of the boring. Boring logs shall include
a detailed description of materials encountered including any discontinuities
such as fractures, fissures, slickensides, lenses, or seams. Each boring shall
be presented in the form of a log that contains, at a minimum, the boring
number; surface elevation and location coordinates; and a columnar section with
text showing the elevation of all contacts between soil and rock layers
description of each layer using the Unified Soil Classification, color, degree
of compaction, and moisture content. A key explaining the symbols used on the
boring logs and the classification terminology for soil type, consistency, and
structure shall be provided.
(I) A sufficient
number of borings shall be performed to establish subsurface stratigraphy and
to determine geotechnical properties of the soils and rocks beneath the
facility. The number of borings necessary can only be determined after the
general characteristics of a site are analyzed and will vary depending on the
heterogeneity of subsurface materials. The minimum number of borings required
for a site shall be three for sites of five acres or less, and for sites larger
than five acres the required number of borings shall be three borings plus one
boring for each additional five acres or fraction thereof. The boring plan
shall be approved by the executive director prior to performing the
bores.
(II) Borings shall be
sufficiently deep to allow identification of the uppermost aquifer and
underlying hydraulically interconnected aquifers. Boring shall penetrate the
uppermost aquifer and all deeper hydraulically interconnected aquifers and be
deep enough to identify the aquiclude at the lower boundary. All the borings
shall be at least 30 feet deeper than the elevation of the deepest excavation
on site and in no case shall be less than 30 feet below the lowest elevation on
site. If no aquifers exist within 50 feet of the elevation of the deepest
excavation, at least one test bore shall be drilled to the top of the first
perennial aquifer beneath the site. In areas where it can be demonstrated that
the uppermost aquifer is more than 300 feet below the deepest excavation, the
applicant shall provide the demonstration to the executive director and the
executive director shall have the authority to waive the requirement for the
deep bore.
(III) All borings shall
be conducted in accordance with established field exploration
methods.
(IV) Installation,
abandonment, and plugging of the boring shall be in accordance with the rules
of the commission.
(V) The
applicant shall prepare cross-sections utilizing the information from the
boring and depicting the generalized strata at the facility.
(VI) The report shall contain a summary of
the investigator's interpretations of the subsurface stratigraphy based upon
the field investigation;
(v) groundwater investigation report. This
report shall establish and present the groundwater flow characteristics at the
site which shall include groundwater elevation, gradient, and direction of
flow. The flow characteristics and most likely pathway(s) for pollutant
migration shall be discussed in a narrative format and shown graphically on a
piezometric contour map. The groundwater data shall be collected from
piezometers installed at the site. The minimum number of piezometers required
for the site shall be three for sites of five acres or less, for sites greater
than five acres the total number of piezometer required shall be three
piezometer plus one piezometer for each additional five acres or fraction
thereof.
(C) Groundwater
protection plan. The application shall demonstrate that the facility is
designed so as not to contaminate the groundwater and so as to protect the
existing groundwater quality from degradation. For the purposes of these
sections, protection of the groundwater includes the protection of perched
water or shallow surface infiltration. As a minimum, groundwater protection
shall consist of all of the following.
(i)
Liner system. All feedstock receiving, mixing, composting, post-processing,
screening, and storage areas shall be located on a surface that is adequately
lined to control seepage. The lined surface shall be covered with a material
designed to withstand normal traffic from the composting operations. At a
minimum, the lined surface shall 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.
(I) 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.
(II) Synthetic liners shall be a membrane
with a minimum thickness of 20 mils.
(III) Alternative designs shall utilize an
impermeable liner (such as concrete).
(ii) Groundwater monitor system. The
groundwater monitoring system shall be designed and installed such that the
system will reasonably assure detection of any contamination of the groundwater
before it migrates beyond the boundaries of the site. The monitoring system
shall be designed based upon the information obtained in the "Groundwater
investigation report" required by subparagraph (B)(v) of this paragraph.
(I) Details of monitor well construction and
placement of monitor wells shall be shown on the site plan.
(II) A groundwater sampling program shall
provide four background groundwater samples of all monitor wells within 24
months from the date of the issuance of the permit. The background levels shall
be established from samples collected from each well at least once during each
of the four calendar quarters: January - March; April - June; July - September;
and October - December. Samples from any monitor well shall not be collected
for at least 45 days following collection of a previous sample, unless a
replacement sample is necessary. At least one sample per well shall be
collected and submitted to a laboratory for analysis within 60 days of permit
issuance for existing or previously registered operations, or prior to
accepting any material for processing at a new facility. Background samples
shall be analyzed for the parameters as follows:
(-a-) heavy metals, arsenic, copper, mercury,
barium, iron, selenium, cadmium, lead, chromium, and zinc;
(-b-) other parameters: calcium, magnesium,
sodium, carbonate, bicarbonate, sulphate, fluoride, nitrate (as N), total
dissolved solids, phenolphthalein alkalinity as CaCO3,
alkalinity as CaCO3, hardness as
CaCO3, pH, specific conductance, anion-cation balance,
groundwater elevation (measured in Mean Sea Level (MSL)), and total organic
carbon (TOC) (four replicates/sample); and
(-c-)
after background values have been determined, the following
indicators shall be measured at a minimum of 12-month intervals: TOC (four
replicates), iron, manganese, pH, chloride, groundwater elevation (measured in
MSL), and total dissolved solids. After completion of the analysis, an original
and two copies shall be sent to the executive director and a copy shall be
maintained on site.
(-d-) The
executive director may waive the requirement to monitor for any of the
constituents listed in items (-a-) - (-c-) of this subclause in a permit, if it
can be documented that these constituents are not reasonably expected to be in
or derived from the bulking or feedstock materials. A change to the monitoring
requirements may be incorporated into a permit when issued or as a modification
under §
305.70
of this title (relating to Municipal Solid Waste Permit and Registration
Modifications).
(-e-) The executive
director may establish an alternative list of constituents for a permit, if the
alternative constituents provide a reliable indication of a release to the
groundwater. The executive director may also add inorganic or organic
constituents to those to be tested if they are reasonably expected to be in or
derived from the bulking or feedstock materials. A change to the monitoring
requirements may be incorporated into a permit when issued or as a modification
under §
305.70
of this title.
(D) Facility plan and facility layout. The
facility plan and facility layout must be prepared by a licensed professional
engineer. All proposed facilities, structures, and improvements must be clearly
shown and annotated on this drawing. The plan must be drawn to standard
engineering scale. Any necessary details or sections must be included. As a
minimum, the plan must show property boundaries, fencing, internal roadways,
tipping area, processing area, post-processing area, facility office, sanitary
facilities, potable water facilities, storage areas, etc. If phasing is
proposed for the facility, a separate facility plan for each phase is
required.
(E) Process description.
The process description shall be composed of a descriptive narrative along with
a process diagram. The process description shall include all of the following.
(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
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, including
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 to include items such as: end product
quantities, qualities, intended use, 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 subparagraph.
(7) 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. As a minimum, the site operating plan shall include specific guidance
or instructions on all of the following:
(A)
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;
(B) 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;
(C) security, site access control, traffic
control, and safety;
(D) control of
dumping within designated areas and screening for unprocessable or unauthorized
material;
(E) fire prevention and
control plan that shall comply with provisions of the local fire code,
provision for fire-fighting equipment, and special training requirements for
fire-fighting personnel;
(F)
control of windblown material;
(G)
vector control;
(H) quality
assurance and quality control. 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);
(I) control of airborne
emissions;
(J) minimizing
odors;
(K) equipment failures and
alternative disposal and storage plans in the event of equipment failure;
and
(L) a description of the
intended final use of materials.
(8) Legal description of the facility. The
applicant shall submit an official metes and bounds description and plat of the
proposed facility. The description and plat shall be prepared and sealed by a
registered surveyor.
(9) Financial
assurance. The applicant shall prepare a closure plan acceptable to the
executive director and provide evidence of financial assurance to the
commission for the cost of closure. The closure plan, at a minimum, shall
include evacuation of all material on site (feedstock, in process, and
processed) to an authorized facility and disinfection of all leachate handling
facilities, tipping area, processing area, and post-processing area and shall
be based on the worst case closure scenario for the facility, including the
assumption that all storage and processing areas are filled to capacity.
Financial assurance mechanisms must be established and maintained in accordance
with Chapter 37, Subchapter J of this title (relating to Financial Assurance
for Recycling Facilities). These mechanisms shall be prepared on forms approved
by the executive director and shall be submitted to the commission 60 days
prior to the receiving of any materials for processing, or within 60 days of a
permit being issued for facilities operating under an existing
registration.
(10) Source-separated
recycling and household hazardous waste collection. The applicant shall submit
a plan to comply with the requirements of Subchapters E and F of this chapter
(relating to Source-Separated Recycling; and Household Hazardous Waste
Collection).
(11) Landowner list.
The applicant shall include a list of landowners, residents, and businesses
within 1/2 mile of the facility boundaries along with an appropriately scaled
map locating property owned by the landowners.
Notes
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
No prior version found.