Disposal of sewage sludge, biosolids, or water treatment residuals in a municipal solid waste landfill unit, as defined in 40 Code of Federal Regulations (CFR) §258.2, that complies with the requirements in 40 CFR Part 257 and Part 258 constitutes compliance with federal Clean Water Act (CWA), §405(d). Any person who prepares sewage sludge, biosolids, or water treatment residuals that are disposed of in a municipal solid waste landfill unit shall ensure that the sewage sludge, biosolids, or water treatment residuals meets the requirements in 40 CFR Part 258 concerning the quality of materials disposed of in a municipal solid waste landfill unit. Storage, processing, or disposal of sewage sludge or biosolids authorized by a permit issued pursuant to Texas Water Code, §26.027, will not require a separate permit authorization pursuant to this chapter, for the same activities. Sewage sludge, biosolids, or water treatment residuals that are disposed of in a municipal solid waste landfill unit, as defined in 40 CFR §258.2, are not subject to the fee schedules of this chapter.

Source Note: The provisions of this §312.5 adopted to be effective October 13, 1995, 20 TexReg 7840; amended to be effective April 23, 2020, 45 TexReg 2542