(a) No person shall place sewage sludge and/or biosolids on an active disposal unit unless the requirements in this subchapter are met.
(b) An active disposal unit shall not be located within 60 meters of a fault that has displacement in Holocene time, located in an unstable area, or located in a wetland, except as provided in a permit issued pursuant to federal Clean Water Act, §402 or §404.
(c) The owner/operator of an active disposal unit shall submit a written "closure and post closure plan" to the executive director, for approval, at least 180 days prior to the date that the active disposal unit closes. The plan shall describe how the unit will be closed and, at a minimum, shall include:
  (1) a discussion of how the leachate collection system will be operated and maintained for three years after the disposal unit closes if the disposal unit has a liner and leachate collection system;
  (2) a description of the system used to monitor for methane gas in the air in any structures within the surface disposal site and in the air at the property line of the surface disposal site, as required in §312.64(j) of this title (relating to Management Practices); and
  (3) a discussion of how public access to the surface disposal site will be restricted for a minimum of three years after the last unit in the surface disposal site closes.
  (4) The final cover system for monofills shall be composed of no less than two feet of soil. The first 18 inches or more of cover shall be of clayey soil, classification SC or CL as defined in the "Unified Soils Classification System" developed by the United States Army Corps of Engineers, compacted in layers of no more than six inches to minimize the potential for water infiltration. A CH soil may be used; however, this soil may experience excessive cracking and shall therefore be covered by a minimum of 12 inches of topsoil to retain moisture. Other types of soil may be used with prior written approval from the executive director. The final six inches of cover shall be of suitable topsoil that can sustain native plant growth and shall be seeded or sodded immediately following the application of the final cover in order to minimize erosion. Side slopes of the final cover for monofills shall not exceed a 25% grade (four feet horizontal to one foot vertical). Side slopes for the final cover in excess of 25% may be authorized by the executive director provided that controlled drainage such as flumes, diversion terraces, spillways, or other acceptable methods are incorporated into the final cover system design submitted to the executive director for review and approval. The final cover for the topmost portion of a disposal unit shall have a gradient of not less than 2.0% and not greater than 6.0% and shall possess a sufficient minimum grade to preclude ponding of surface water when total fill height and expected subsidence are taken into consideration.
(d) The owner/operator shall comply with the post-closure care maintenance requirements for final cover, as detailed in paragraphs (1) and (2) of this subsection for the duration of the post-closure period for these units or sites.
  (1) For a minimum of the first three years after the completion of final closure, the permittee shall retain the right of entry to and maintain all rights-of-way of a closed surface disposal site in order to conduct periodic inspections of the closed site. The owner/operator shall correct, as needed, erosion of cover material, lack of vegetative growth, leachate or methane migration, subsidence, or ponding of water on the disposal unit or surface disposal site. If any of these problems occur after the end of the three-year post closure maintenance period or persist for longer than the first three years of post-closure care maintenance, the owner/operator shall be responsible for any corrections until the executive director determines that all problems have been adequately resolved. The executive director may reduce the post-closure maintenance period for surface disposal sites if all wastes and waste residues have been removed during closure.
  (2) Any monitoring programs (groundwater monitoring, resistivity surveys, methane monitoring, etc.) in effect during the life of the surface disposal site shall be continued during the post-closure care maintenance period.
(e) Following completion of the post-closure care maintenance period for each surface disposal site, the owner/operator shall submit to the executive director for review and approval a certification, signed by an independent licensed professional engineer, verifying that post-closure care maintenance has been completed in accordance with the approved post-closure plan. The submittal to the executive director shall include all applicable documentation necessary for the certification of completion of post-closure care maintenance. Once approved, this certification shall be retained by the owner/operator.
(f) Deed Recordation Notification.
  (1) No person shall place sewage sludge and/or biosolids on an active disposal unit prior to recording, in the deed records of the county or counties in which the disposal takes place, the following information:
    (A) a metes and bounds description of the portion(s) of the tract of land on which disposal of sewage sludge and/or biosolids will take place;
    (B) a detailed description of the sewage sludge and/or biosolids which is to be disposed of;
    (C) all pertinent information related to the permit to dispose of sewage sludge and/or biosolids, including at least the permit number and issuing agency; and
    (D) the name and permanent address of the person or persons operating the facility who can provide more specific information on the waste.
  (2) Proof of recordation shall be provided to the executive director prior to issuance of a permit.
(g) The executive director shall require evidence of financial responsibility as it deems appropriate to assure the executive director that the responsible owner or operator has sufficient assets to properly operate the site and to provide proper closure and post-closure. This assurance for the proper operation of the site may be in the form of performance bonds, letters of credit from recognized financial institutions, trust funds, or insurance.

Source Note: The provisions of this §312.62 adopted to be effective October 13, 1995, 20 TexReg 7840; amended to be effective April 23, 2020, 45 TexReg 2542