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<br />City of San Marcos <br /> <br />TPDES Permit No. WQOO 1 0273002 <br /> <br />SLUDGE PROVISIONS <br /> <br />The permittee is authorized to dispose of sludge only at a Texas Commission on Environmental Quality (TCEQ) registered <br />or permitted land application site, commercial land application site or co-disposal landfill. The disposal of sludge by land <br />application on property owned, leased or under the direct control of the permittee is a violation of the permit unless <br />the site is permitted or registered with the TCEQ. This provision does not authorize Distribution and Marketing of <br />sludge. This provision does not authorize land application of Class A Sludge. This provision does not authorize the <br />permittee to land apply sludge on property owned, leased or under the direct control of the permittee. <br /> <br />SECfION I. REQUIREMENTS APPLYING TO ALL SEWAGE SLUDGE LAND APPLICATION <br /> <br />A. General Requirements <br /> <br />1. The permittee shall handle and dispose of sewage sludge in accordance with 30 TAC Chapter 312 and all other <br />applicable state and federal regulations in a manner which protects public health and the environment from any <br />reasonably anticipated adverse effects due to any toxic pollutants which may be present in the sludge. <br /> <br />2. In all cases, if the person (permit holder) who prepares the sewage sludge supplies the sewage sludge to another person <br />for land application use or to the owner or lease holder of the land, the pennit holder shall provide necessary information <br />to the parties who receive the sludge to assure compliance with these regulations. <br /> <br />3. The permittee shall give 180 days prior notice to the Executive Director in care of the Wastewater Permitting Section <br />(MC 148) ofthe Water Quality Division of any change planned in the sewage sludge disposal practice. <br /> <br />B. Testing Requirements <br /> <br />1. Sewage sludge shall be tested annually in accordance with the method specified in both 40 CFR Part 261, Appendix II <br />and 40 CFR Part 268, Appendix I [Toxicity Characteristic Leaching Procedure (TCLP)] or other method, which receives <br />the prior approval of the TCEQ for the contaminants listed in Table 1 of 40 CFR Section 261.24. Sewage sludge failing <br />this test shall be managed according to RCRA standards for generators of hazardous waste, and the waste's disposition <br />must be in accordance with all applicable requirements for hazardous waste processing, storage, or disposal. Following <br />failure of any TCLP test, the management or disposal of sewage sludge at a facility other than an authorized hazardous <br />waste processing, storage, or disposal facility shall be prohibited until such time as the pennittee can demonstrate the <br />sewage sludge no longer exhibits the hazardous waste toxicity characteristics (as demonstrated by the results of the TCLP <br />tests). A written report shall be provided to both the TCEQ Registration and Reporting Section (MC 129) of the <br />Registration, Review, and Reporting Division and the Regional Director (MC Region 11) within 7 days after failing the <br />TCLP Test. <br /> <br />The report shall contain test results, certification that unauthorized waste management has stopped and a summary of <br />alternative disposal plans that comply with RCRA standards for the management of hazardous waste. The report shall <br />be addressed to: Director, Registration, Review, and Reporting Division (MC 129), Texas Commission on <br />Environmental Quality, P. O. Box 13087, Austin, Texas 78711-3087. In addition, the pennittee shall prepare an annual <br />report on the results of all sludge toxicity testing. This annual report shall be submitted to the TCEQ Regional Office <br />(MC Region 11) and the Water Quality Compliance Monitoring Team (MC 224) of the Enforcement Division by <br />September 1 of each year. <br /> <br />2. Sewage sludge shall not be applied to the land if the concentration of the pollutants exceed the pollutant concentration <br />criteria in Table 1. The frequency of testing for pollutants in Table 1 is found in Section I.c. <br /> <br />Page 12 <br />