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Requirements for Mulching and Composting Facilities in Bexar County

Information for owners and operators of non-permitted and non-registered municipal solid waste recyclers in Bexar County that store combustible material for producing mulch or compost.

Overview

On September 10, 2008, the commission adopted amendments to the rules regarding Limitations on Storage of Recyclable Materials in Title 30 Texas Administrative Code (30 TAC), Section (§) 328.4 Exit the TCEQ to implement House Bill 2541 Exit the TCEQ (80th Texas Legislature, Regular Session). HB 2541 amended Chapter 361 of the Texas Health and Safety Code, adding Section 361.1191 Exit the TCEQ which directed the commission to establish certain limitations on facilities that store combustible materials in counties that meet certain criteria. Bexar County meets those criteria.

The rulemaking added 30 TAC §328.4(g), establishing requirements for non-permitted and non-registered municipal solid waste recyclers that store combustible material for producing mulch or compost. The new requirements prescribe time limits for processing and removing combustible materials from the facility; limit the amount of combustible materials stored; limit the size of piles; require fire lanes; require buffer zones from the facility boundary; and establish more stringent standards for these same facilities that are located on the recharge or transition zone of a sole-source aquifer.

The new requirements became effective on September 10, 2009, the first anniversary of the date the rules were adopted. Potentially affected owners and operators were required to submit a new or revised Notice of Intent to Operate a Recycling Facility by September 10, 2009.

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