(a) Applicability. Facilities that receive a registration under this subchapter are required to test final soil products in accordance with this section.
(b) Final soil product testing. The final soil product shall be regularly tested under §330.613 of this title (relating to Sampling and Analysis Requirements for Final Soil Product) to determine the product's grade. Testing of final product and interpretation of test results shall be conducted in accordance with Subchapter F of this chapter (relating to Analytical Quality Assurance and Quality Control).
(c) Final product classification and usage. The final soil product shall be classified according to the following classification system.
  (1) Grade 1 Soil. There are no restrictions on the use of Grade 1 Soil. To be considered Grade 1 Soil, the final product shall meet all of the following criteria:
    (A) shall contain no foreign matter of a size or shape that can cause human or animal injury;
    (B) shall not exceed all Maximum Allowable Concentrations for Grade 1 Soil in Table 1 of this subparagraph:
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    (C) shall not contain foreign matter in quantities that cumulatively are greater than 1.5% dry weight on a four millimeter screen;
    (D) shall meet the requirements for pathogen reduction for Grade 1 Soil as described in Table 2 of this subparagraph; and
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    (E) shall meet the requirements for salinity and pH for Grade 1 Soil as described in Table 2 of subparagraph (D) of this paragraph.
  (2) Grade 2 Soil. To be considered Grade 2 Soil, the final product shall meet all of the following criteria:
    (A) shall contain no foreign matter of a size or shape that can cause human or animal injury;
    (B) shall not exceed all Maximum Allowable Concentrations for Grade 2 Soil in Table 1 of paragraph (1)(B) of this subsection;
    (C) shall not contain foreign matter in quantities that cumulatively are greater than 1.5% dry weight on a four millimeter screen;
    (D) shall meet the requirements for pathogen reduction for Grade 2 Soil as described in Table 2 of paragraph (1)(D) of this subsection;
    (E) shall meet the requirements for salinity and pH for Grade 2 Soil as described in Table 2 of paragraph (1)(D) of this subsection; and
    (F) shall not be used at a residence, recreational area, or licensed child-care facility, or for food chain crops.
  (3) Waste grade soil. Waste grade soil:
    (A) exceeds any one of the Maximum Allowable Concentrations for Grade 2 final product in Table 1 of paragraph (1)(B) of this subsection;
    (B) does not meet the other requirements of Grade 1 or Grade 2 Soil; and
    (C) shall be appropriately disposed at a permitted municipal solid waste facility.

Source Note: The provisions of this §330.615 adopted to be effective March 27, 2006, 31 TexReg 2502