Current through Register Vol. 47, No. 17, September 10, 2024
A.
Land Application of Biosolids.
(1) No person shall use biosolids, distribute
biosolids for use, or cause biosolids to be used for any beneficial use unless
a Notice of Authorization for the Use and Distribution of Biosolids has been
issued by the Division pursuant to section 64.10 of these regulations for such
use or distribution.
(2) No person
shall apply biosolids to land unless:
(a) the
biosolids meet at a minimum the Table 1 Ceiling Concentration Limits with
respect to metals as defined in section 64.12(A), of this regulation,
and
(b) the biosolids either:
(i) meet the criteria for Class A with
respect to pathogen destruction as defined in section 64.12 of these
regulations, and meet at least one of the vector attraction reduction criteria
as defined in paragraphs 64.12(C)(3) through (13) of these regulations when the
biosolids are applied to a public contact site, or
(ii) the biosolids meet the criteria for
Class B with respect to pathogen destruction as defined in section 64.12 of
these regulations, and meet at least one of the vector attraction reduction
criteria as defined in paragraphs 64.12(C)(3) through (13) of these regulations
when the biosolids are applied to land for agricultural use or to disturbed
land for reclamation, and
(3) No person shall land apply biosolids for
any beneficial use if such application is likely to adversely affect a
threatened or endangered species listed under section 64.4 of the Endangered
Species Act, or the designated critical habitat of any species so
listed.
(4) Biosolids which do not
meet the Table 3 Pollutant Concentration Limits with respect to metals as
defined in section 64.12 , of these regulations, and which are applied to land
shall be subject to the Table 2 Cumulative Pollutant Loading Limits.
(5) Compliance with cumulative pollutant
loading limits shall be documented by the permit Applicant. Documentation shall
consist of either:
(a) a certification
statement signed by the site owner, or the legal representative of the site
owner, that the site has not received sludge application since January 1, 1986,
or
(b) data quantifying loadings of
cadmium, copper, lead, nickel and zinc which have occurred after January 1,
1986, and demonstrating that loadings of those metals to the site since that
date do not exceed cumulative application limits for those parameters as
defined in Table 2, and data quantifying loadings of arsenic, mercury, and
selenium which have occurred after July 19, 1993, and demonstrating that
loadings of those metals to the site since that date do not exceed cumulative
application limits for those parameters as defined in Table 2.
B.
Notification Requirements for Preparers and Appliers.
(1) Any person who prepares biosolids that
will be applied by another to agricultural land or used by another for
reclamation of disturbed land shall provide the following to the biosolids
applier:
(a) written notification of the total
nitrogen concentration, on a dry weight basis, of the biosolids; and
(b) notice of and necessary information to
comply with the applicable requirements of these regulations.
(2) The biosolids applier shall
provide written notice to the Division and the local health authority when
biosolids are applied to agricultural land or used for reclamation of disturbed
land. Such notice shall be provided prior to land application of biosolids by
the preparer or the applier and shall occur at a minimum of one time per year.
Notification shall include the following:
(a)
the location, by either latitude and longitude or quarter-section, township,
range, of each land application or reclamation use site;
(b) the approximate time period the biosolids
will be applied to the site;
(c)
the name, address, telephone number, and permit number (if appropriate) for the
biosolids preparer; and
(d) the
name, address, telephone number, and permit number (if appropriate) for the
person who will land apply or use the biosolids for reclamation.
(3) Biosolids preparers shall
ensure that the applicable requirements of these regulations are met when the
biosolids are applied to agricultural land or used for reclamation of disturbed
land.
(4) Any person who produces
biosolids in Colorado, which biosolids are land applied to agricultural land or
used for reclamation of disturbed land in another State, shall provide written
notice to the permitting authority for the State in which the biosolids are
proposed to be so used or land applied prior to commencement of such
activities.
C.
Application Near State Waters.
(1) No person shall apply biosolids for
beneficial use on land located upgradient, and within one linear mile, of a
point at which surface waters are diverted for use in a public water system,
unless either:
(a) Runoff from within the
application site does not drain into the body of water which is diverted,
or
(b) A site operating plan is
prepared, and submitted with the Letter of Intent for the Use and Distribution
of Biosolids which describes measures which prevent runoff during any storm
event of greater frequency than the 10 year 24-hour storm event from the
application site into the body of water which is diverted.
(2) No person shall apply biosolids for
beneficial use on land located:
(a) Upgradient
and within 300 feet of a reservoir classified for Class I Recreational Use by
the Water Quality Control Commission,
(b) Within 200 feet of any body of surface
water, including intermittent streambeds when standing or running water is
present in the streambed, unless application is made by either subsurface
injection, or by surface application which is followed by immediate
incorporation, or a site operating plan is prepared, and submitted with the
Letter of Intent to Use or Distribute Biosolids which describes measures which
prevent runoff from the application site into the body of water,
(c) Within 50 feet of any water body or
perennial streambed, or any intermittent streambed when standing or running
water is present in the streambed,
(d) Within 33 feet of any dry streambed. For
purposes of this section land which, as the result of typical agricultural
practice, is under cultivation shall not be considered to be a dry streambed
regardless of whether it serves as a watercourse during significant
precipitation events.
TABLE 5 - APPLICATION NEAR STATE WATERS
No application within 1 linear mile upgradient from a point
at which surface water is diverted for use in a public water system, unless the
requirements in section 64.15 (C)(1)(a) or (b) are met.
No application upgradient and within 300 feet of a reservoir
classified for Class 1 Recreational Use by the Water Quality Control Commission
(generally, lakes and streams frequently used for swimming, rafting, kayaking,
tubing, windsurfing and water-skiing - activities where ingestion of small
quantities of water is likely to occur).
|
Application Method
|
Incorporated or Injected
|
Surface
|
|
Any surface water channel including intermittent
streambeds when water is present
|
50 Feet
|
200 Feet
|
|
Any surface water channel including intermittent
streambeds when water is not present
|
33 Feet
|
33 Feet
|
Agricultural land under cultivation shall not be considered a
dry streambed regardless of whether it serves as a watercourse during
significant precipitation events.
(3) No person shall apply biosolids for
beneficial use on land which is saturated, or on land where ponding is
occurring.
(4) No person shall
apply biosolids for beneficial use on land which is either:
(a) within 100 feet of a private domestic
water supply well or within 300 feet of a community supply well when use is
made to agricultural land, or
(b)
within 300 feet of a private domestic water supply well or within 1,500 feet
upgradient of a community supply well when use is made for reclamation of
disturbed land.
D.
Groundwater.
(1) No person shall apply biosolids for
beneficial use on land which is underlain by groundwater where the annual high
groundwater table is within five feet of the surface of the land unless
conditions of 64.15D(2) are met. Determination of the annual high groundwater
table shall be made as follows:
(a)
Groundwater depth determinations based upon direct observation using
piezometric tubes or other groundwater depth monitoring devices shall be the
preferred method of groundwater depth determination. The Division may require
installation of such devices in instances where other information which is
developed does not conclusively demonstrate adequate depth to groundwater,
alternately,
(b) U.S.D.A. Soil
Survey maps of the application site, including depth to water table
information, and/or
(c) Well
completion records may be considered as documentation, either singly or in
combination with other supporting documentation, in instances where surface
topography, vegetation, or lack of seasonal ponding suggest that adequate depth
to groundwater exists, and/or.
(d)
Any other methods approved by the Division.
(2) If the annual high ground water table at
any point under the land application site is potentially within five feet of
the ground surface, a site operating plan must be prepared, and submitted with
the Letter of Intent for the Use and Distribution of Biosolids, which describes
how the land application of biosolids would be conducted in a manner that would
prevent the discharge of pollutants to groundwater. The plan shall provide
enough specifics so that the plan can be reviewed for adequacy. This plan must
be approved by the Division through issuance of the Notice of
Authorization.
E.
Slopes and Application Requirements.
(1) No person shall apply biosolids to
agricultural land on slopes in excess of 15 percent.
(2) Application of biosolids to agricultural
land with slopes of less than 15 percent shall conform with the requirements
stated in Table 6A.
TABLE 6A. - SLOPE AND APPLICATION REQUIREMENTS FOR
AGRICULTURAL LAND
|
percent slope
|
less than six percent solids
content
|
six percent or greater solids
content
|
|
level to five percent slope
|
no limitation on application method except as
otherwise specified within this section 64.16
|
no limitation on application method except as
otherwise specified within this section 64.16
|
|
greater than five to nine percent
slope
|
incorporation within 24 hours, subsurface injection
or approved site operating plan
|
no limitation on application method except as
otherwise specified within this section 64.16
|
|
greater than nine to fifteen percent
slope
|
subsurface injection or approved site operating
plan
|
surface application if vegetative cover is
established or if uniform crop residue cover of greater than 60%,or approved
site operating plan
|
(3)
No person shall apply biosolids for reclamation on disturbed land which
exhibits slopes in excess of 30 percent.
(4) Application of biosolids for reclamation
of disturbed land with slopes of less than 30 percent shall conform with the
requirements stated in Table 6B.
TABLE 6B. - SLOPE AND APPLICATION REQUIREMENTS FOR
RECLAMATION
|
percent slope
|
less than six percent solids
content
|
six percent or greater solids
content
|
|
level to five percent slope
|
no limitation on application method except as
otherwise specified within this section 64.16
|
no limitation on application method except as
otherwise specified within this section 64.16
|
|
greater than five to nine percent
slope
|
immediate incorporation, subsurface injection or
approved site operating plan
|
no limitation on application method except as
otherwise specified within this section 64.16
|
|
greater than nine to fifteen percent
slope
|
subsurface injection or approved site operating
plan
|
incorporation within 24 hours or approved site
operating plan
|
|
greater than sixteen to thirty
percent
|
application prohibited
|
incorporation within 24 hours or approved site
operating plan
|
F.
Application to Frozen,
Ice-Covered, or Snow-Covered Ground.
(1) Application of biosolids to frozen,
ice-covered, or snow-covered sites where the slope of the site exceeds six
percent is prohibited.
(2) No
person shall apply biosolids for beneficial use to frozen, ice-covered, or
snow-covered land where the slope of such land is greater than three percent
and is less than or equal to six percent unless one of the following
requirements is met:
(a) there is 80 percent
vegetative ground cover; or,
(b)
approval has been obtained based upon a plan demonstrating adequate runoff
containment measures.
G.
Soils.
(1) No person shall apply biosolids for
beneficial use on land cultivated in food crops where the soil exhibits a pH of
less than 6.0 standard units.
(2)
No person shall apply biosolids for beneficial use on land unless:
(a) for irrigated agricultural land, the
depth of suitable soil is a minimum of three (3) feet, or
(b) for agricultural land cultivated in
dryland crops, or for rangeland, the depth of suitable soil is a minimum of
eighteen (18) inches, or
(c) for
reclamation of disturbed land the depth of suitable soil is a minimum of twelve
(12) inches.
(d) For the purposes
of this paragraph 64.15(G)(2), the depth of suitable soil shall be defined as
the distance beneath the level in the soil at which biosolids are placed to the
level at which impermeable substrata are encountered. The Division shall
approve the method of determining depth to suitable soil.
H.
Nutrient
Management.
(1) No person shall
apply biosolids for beneficial use to agricultural land such that nitrogen
application exceeds the agronomic rate for the crop or vegetation cultivated.
Agronomic loading rates shall be determined in a manner that is acceptable to
the Division and shall account for plant available nitrogen sources which may
include biosolids, manures, fertilizers, irrigation water, residual soil
nitrogen, and soil organic matter. The Division may require monitoring to
determine background levels of nitrogen in irrigation water in instances where
the soil percolation rate, groundwater depth and residual soil nitrogen level
indicate a reasonable potential for excessive nitrogen transport to
groundwater.
(2) No person shall
apply biosolids for reclamation of disturbed land such that the nitrogen
application exceeds the agronomic rate for the vegetation which is to be
established, except that such application rate may be based upon an aggregate
agronomic need representing the initial five years after application occurs or
as justified in an operational plan that documents the application rate and
process has been designed to prevent the discharge of pollutants to State
Waters, and is approved by the Division.
(3) When, per paragraph (2) of this
subsection, a nitrogen application rate is requested which is based on an
aggregate agronomic requirement for the vegetation, the Division may specify
additional siting and operational restrictions which are more stringent than
those otherwise specified within this section 64.15, or additional monitoring
requirements which are more stringent than those specified in section 64.16 of
these regulations.
(4) The plant
available nitrogen levels (lbs per dry ton) in biosolids shall be calculated as
follows:
Biosolids PAN = (m) (Organic N) + (v) (NH4 -N) + NO3
-N
Where:
PAN = Plant Available Nitrogen (lbs per dry ton of
biosolids)
m = Mineralization Factor v = Volatization Factor
Organic N = organic nitrogen in biosolids (%)
NH4 - N = Ammonia-nitrogen in biosolids(%)
NO3 - N = Nitrate-nitrogen in biosolids (%)
(5) No person shall apply biosolids for
beneficial use to land, unless;
(a) For Soil
pH greater than 6.5, the available phosphorus content of the soil does not
exceed:
a. Sodium bicarbonate extraction - 80
ppm; or
b. AB-DTPA extraction - 40
ppm
(b) For Soil pH 6.5
or less, the available phosphorus content of the soil does not exceed:
a. Bray P1 extraction - 120 ppm; or
b. Mehlich 3 extraction - 200
ppm
(c) Where a
phosphorus content limit in subsection (a) or (b), above, is exceeded, the
Division may allow land application of biosolids where the potential for
phosphorus movement off-site is minimized based on evaluation of site-specific
conditions, management practices, application methods, and rates (e.g., in
accordance with the Colorado phosphorus index).
(6) The Division may consider allowing land
application of biosolids if appropriate erosion control measures are
implemented (e.g., NRCS code 590 for Colorado).
I.
Crop
Restrictions.
(1) No person
shall apply biosolids which are considered to be Class B with respect to
pathogens, as defined in section 64.12 of these regulations, unless the
following requirements are met:
(a) food
crops with harvested parts that may touch the biosolids/soil mixture and which
grow above the soil surface shall not be harvested for 14 months after
application of biosolids, or
(b)
food crops with harvested parts which grow below the soil surface shall not be
harvested for 20 months after application of biosolids when the biosolids
remain on the soil surface for four months or longer prior to incorporation
into the soil, or
(c) food crops
with harvested parts which grow below the soil surface shall not be harvested
for 38 months after application of biosolids when the biosolids remain on the
soil surface for less than four months prior to incorporation into the soil,
or
(d) food crops, feed crops, and
non-food crops shall not be harvested for 30 days after application of
biosolids.
J.
Access Restrictions.
(1) No person shall apply biosolids which are
considered to be Class B with respect to pathogens, as defined in section 64.12
of these regulations, unless the following requirements are met:
(a) animals shall not be allowed to graze on
the land for 30 days after application of biosolids. For the purposes of this
section 64.15 , animals shall be defined as domesticated livestock whose
products are consumed by humans.
(b) turf grown on land where biosolids is
applied shall not be harvested for one year after application of the
biosolids.
(c) public access to
land with a high potential for public exposure shall be restricted for one year
after application of biosolids, or
(d) public access to land with a low
potential for public exposure shall be restricted for 30 days after application
of biosolids.
