(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;
  (2) immediately provide written notice to the executive director of any changes, requests for an amendment, modification, or renewal of a registration, or any additional information concerning changes in land ownership, changes in site control, or operator, changes in waste composition, changes in the source of biosolids or water treatment residuals, or waste management methods, and information regarding soils and subsurface conditions where the operation is to be located. Any information provided under this paragraph must be submitted to the executive director in duplicate form.
(b) The executive director shall determine, after review of any application, whether to approve or deny an application in whole or in part, deny with prejudice, suspend the authority to conduct an activity for a specified period of time, or amend or modify the proposed activity requested by the applicant. The determination of the executive director shall include review and action on any new applications or changes, renewals, and requests for major amendment of any existing application. In consideration of such an application, the executive director shall consider all relevant requirements of this chapter and consider all information pertaining to those requirements received by the executive director regarding the application. The written determination on any application, including any authorization granted, shall be mailed to the applicant upon the decision of the executive director.
(c) At the same time that the executive director's decision is mailed to the applicant, notice of this decision must also be mailed to all parties who submitted written information on the application, as described in §312.13(c)(2) and (3) of this title (relating to Actions and Notice).
(d) For registered land application units located in a major sole-source impairment zone, the registrant must comply with the provisions listed in §312.11(k) of this title (relating to Permits).

Source Note: The provisions of this §312.12 adopted to be effective August 29, 2002, 27 TexReg 7958; amended to be effective October 20, 2005, 30 TexReg 6743; amended to be effective October 2, 2014, 39 TexReg 7756; amended to be effective April 23, 2020, 45 TexReg 2542