Section 332.47 - Permit Application PreparationTo 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;(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;(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.30 Tex. Admin. Code § 332.47
The provisions of this §332.47 adopted to be effective November 29, 1995, 20 TexReg 9717; amended to be effective December 30, 1996, 21 TexReg 12304; amended to be effective January 8, 2004, 29 TexReg 140; amended to be effective November 4, 2004, 29 TexReg 10130; Amended by Texas Register, Volume 47, Number 04, January 28, 2022, TexReg 0311, eff. 2/3/2022