Operation of the facility shall comply with all of the following operational requirements.

(1) Aerobic composting required. The facility shall utilize functionally aerobic composting methods, although an anaerobic composting phase may be utilized in the early stages of processing, if it is followed by a period of functionally aerobic composting.

(2) Pathogen reduction. One of the following protocols shall be used to reduce pathogens during composting: (A) Using either the within-vessel composting method or the static aerated pile composting method, the temperature of the composting materials shall be maintained at 55 degrees Celsius or higher for three days; or (B) Using the windrow composting method, the temperature of the composting materials shall be maintained at 55 degrees Celsius or higher for 15 days or longer. During the period when the composting materials are maintained at 55 degrees Celsius or higher, there shall be a minimum of five turnings of the windrow.

(3) Prohibited substances. Fungicides, herbicides, insecticides or other pesticides that contain constituents listed in 40 Code of Federal Regulations Part 261, Appendix VIII-Hazardous Constituents or on the Hazardous Substance List as defined in the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA) shall not be applied to or incorporated into feedstocks, in-process materials or processed materials.

(4) The operator of a compost facility shall address the release of a chemical of concern from a compost facility to any environmental media under the requirements of Chapter 350 of this title (relating to Texas Risk Reduction Program) to perform the corrective action.

(5) The facility shall be subject to the requirements of §328.4 of this title (relating to Limitations on Storage of Recyclable Materials) and §328.5 of this title (relating to Reporting and Recordkeeping Requirements).

Source Note: The provisions of this §332.23 adopted to be effective November 29, 1995, 20 TexReg 9717; amended to be effective September 23, 1999, 24 TexReg 7417; amended to be effective September 12, 2002, 27 TexReg 8593; amended to be effective February 3, 2022, 47 TexReg 303