New Requirements for Mulching and Composting Facilities in Bexar County, Effective September 10, 2009
Discusses rules for non-permitted and non-registered municipal solid-waste recyclers in Bexar County that store combustible material for producing mulch or compost.
Important Information for Owners and Operators of Facilities that Store Combustible Material for Producing Mulch or Compost
On September 10, 2008, the commission adopted amendments to the rules regarding Limitations on Storage of Recyclable Materials (Title 30, Texas Administrative Code, Section 328.4 [30 TAC 328.4]) to implement House Bill 2541 
(80th Texas Legislature, Regular Session). HB 2541 amended Chapter 361 of the Texas Health and Safety Code, adding Section 361.1191 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.
These new requirements become effective on September 10, 2009, the first anniversary of the date the rules were adopted. The former text of 30 TAC 328.4 will continue to appear at the Texas Secretary of State’s Web site until that date, at which time it will be replaced by the amended text.
Potentially affected owners and operators are urged to examine the rule text as amended and the discussion as published in the Texas Register, and are required to submit a new or revised Notice of Intent to Operate a Recycling Facility to comply by September 10, 2009. A new or revised Notice of Intent to Operate a Recycling Facility must be submtted by this date in order to be compliant with the rules.
- Texas Register publication of adopted amendments to 30 TAC 328.4 (33TR8171-8184) (in PDF; help with PDF)
- Notice of Intent to Operate a Recycling Facility
- More information
Please contact us if you have any questions.
