Current through Register Vol. 42, No. 11, August 30, 2024
No person shall apply septage or septage mixed with other
permitted waste to any land of this state for which a current Land Application
Permit has not been issued in accordance with these rules.
(1) Before any person may establish, operate,
or materially alter or modify a land application facility for the purpose of
receiving, treating, or land applying septage or septage mixed with other
permitted waste, he or she shall apply to and obtain from the LHD a Land
Application Permit on forms provided by the Board and in accordance with the
requirements of this rule.
(2) The
initial application for a permit shall be made jointly to the LHD and the Board
and shall be accompanied by the following information:
(a) The name(s), mailing address(es), and
telephone number(s) of the applicant, business, and property owner, and the
street address, or location, of the proposed land application
facility.
(b) A copy of the
property deed, including any easements or "Covenant(s) Running with the Land"
and a letter from the property owner, if other than the applicant, granting
permission, for a period of at least 2 years, to the applicant to use the
property for the treatment and application of septage or septage mixed with
other permitted waste.
(c) Evidence
of an investigation of alternative options locally available to the applicant
for the disposal of septage and other permitted waste. Such evidence must
demonstrate, to the satisfaction of the LHD and the Board, that the land
application of septage and septage mixed with other permitted waste is the only
option available to the applicant. Such evidence shall include, but not be
limited to, the following:
1. A list of sewage
treatment plants, municipal solid waste landfills, or other approved disposal
facilities, within 30 miles of proposed land application site, available to the
applicant.
2. Statement(s) from
each sewage treatment plant, municipal solid waste landfill, or other approved
disposal facility, indicating whether septage or other permitted waste are
accepted at those facilities.
(d) A Septage Management Plan describing the
methods to be used to transport, store, lime-stabilize, screen, and land apply
septage or septage mixed with other permitted waste to comply with requirements
of Rule
420-3-6-.15 Operation of Land
Application Facilities and methods to be used to control erosion,
surface run-off, and infiltration. The plan shall address the method by which
other permitted waste, if accepted at the facility, will be mixed with septage
and lime-stabilized before spreading on the land. In addition, a tracking
system shall be proposed in the management plan to ensure that septage is
spread uniformly over the area of the facility and to ensure that the annual
application rate, specified in Rule
420-3-6-.15 Operation of Land
Application Facilities, is strictly observed over the entire area.
Such a tracking system may consist of a division of the application area into
sectors to be marked by flagging, or other method which would facilitate the
rotation of individual applications and effective record keeping. The LHD or
the Board may direct the permit holder to make changes to the Septage
Management Plan at any time, if deemed necessary to protect public health and
the environment.
(e) The name(s),
address(es), telephone number(s), and Sewage Tank Pumper Permit number(s) of
the person(s) who will deliver septage or other permitted waste to the land
application facility. Those persons who will land apply septage or septage
mixed with other permitted waste at the proposed facility shall be clearly
indicated.
(f) The expected volumes
in gallons of septage or other permitted waste to be received, stored, and land
applied at the facility annually. In addition, the type of crop(s) growing or
to be grown on the land, the anticipated crop yield per acre, and the crop
nitrogen requirement in pounds per acre per 365-day period, as proposed by the
Certified Crop Advisor.
(g) A
description of measures that will be used to properly store or dispose of
septage or other permitted waste in the event of equipment failure; when access
to the facility is restricted due to flooded, frozen, snow-covered, or other
conditions; or during an emergency. Such measures may include the cessation of
additional deliveries of septage or other permitted waste to the facility; the
use of storage tanks; or the disposal of septage or other permitted waste at a
sewage treatment plant or approved landfill. Evidence of agreements made with a
sewage treatment plant or an approved landfill shall be presented.
(3) The permit holder shall ensure
that all persons who deliver, store, treat, or land apply septage or septage
mixed with other permitted waste, or perform other practices or operations at
the facility, comply with all the requirements of these rules. Any violation at
the facility shall be treated as a violation by the permittee, who shall be the
subject of enforcement actions taken or initiated by the Board.
(4) All land application permits are annual
and shall be renewed in December of each year. In order to continue operating
the permitted site, the permit holder shall, at least 45 days prior to the
expiration date, make an application to renew a permit to the LHD on forms
provided by the Board. The LHD in conjunction with the Board may request
additional information if necessary.
Previous Rule .08 was renumbered .09 per certification
published December 31, 2020; effective February 14,
2021.