(1) No person shall land apply Type II or
Type III sludge or septage on any site without the prior written approval of
the Department, issued in the form of a Land Application Certificate. Each Land
Application Certificate shall be valid only for the site specified therein.
Each Land Application Certificate shall be valid for no more than one
year.
(2) Each person who intends
to or does land apply Type II or Type III sludge or septage on any site shall
submit to the Department for its approval an application for a Land Application
Certificate. At the time it submits the application to the Department, the
applicant shall submit a copy of the application to the board of health of the
city or town in which the land application site is located. If the person who
intends to or does land apply Type II or Type III sludge or septage on a site
is different from the person who owns the site, both persons shall be
considered applicants and both shall sign, and be responsible for the contents
of, the application. The Department may prescribe an application form which
shall be used by each person applying for a Land Application
Certificate.
(3) Each application
for a Land Application Certificate shall contain all information necessary to
persuade the Department that sludge or septage will be land applied at the site
in question only in compliance with
310 CMR 32.00. Without
limiting the generality of the previous sentence, each application for a Land
Application Certificate shall include at a minimum the following information,
noting the source of the information where applicable:
(a) A scaled topographic map, preferably of
the United States Geological Survey, showing:
1. the location of the land application site,
2. the location of the sludge or
septage storage site, and
3. all
sources of water supply which are used by public or non-public water systems
and which are on or abutting the site.
(b) A scaled plot plan showing:
1. the site where sludge or septage is to be
land applied;
2. the site where
sludge or septage is to be stored;
3. the location of every well which is known
by the applicant and which is:
a. used as a
source of drinking water supply by a public water system or as a private
drinking water supply well, and
b.
is located within 2, 500 feet of the land application site or of the site where
sludge or septage is to be stored;
4. the location of every surface water which
is used as a source of drinking water supply by a public water system and which
is located within 2, 500 feet of either the land application site or the site
where sludge or septage is to be stored;
5. the location of all surface water within
2, 500 feet of the land application site or of the site where sludge or septage
is to be stored; and
6. the
location of the 100-year flood plain, if applicable, as mapped by the Federal
Emergency Management Agency.
(c) The number of acres available for, or
intended to be used for, land application.
(d) Information about the soil at the site,
including:
1. the slope of the site, as
measured from the horizontal plane;
2. a Soil Conservation Service soil survey
map or a comparable soil map, prepared by a scientist who has expertise in soil
and experience in mapping, which delineates the area(s) in which sludge or
septage is to be land applied or stored or both;
3. a USDA description of the soil, including
such information as the soil name, soil texture, physical and chemical
properties, and other information appropriate to determine whether the soil is
suitable for land application of Type II or Type III sludge or
septage.
(e) The depth
to maximum high groundwater table.
(f) Erosion control and run-off prevention
practices which are needed and/or used or intended to be used.
(g) Drainage practices which are needed
and/or used or intended to be used.
(h) The results of soil analysis done in
compliance with
310
CMR 32.24.
(i) Any other information as required by the
Department concerning the site.
(j)
Information about what is to be grown on the land application site, including:
1. the type of crop or vegetation being grown
or to be grown,
2. the anticipated
planting time,
3. the anticipated
harvest time, and
4. the
anticipated use of the crop or vegetation.
(k) Information about what animals are to be
grazed on the land application site, including:
1. what kinds of animals are being grazed or
to be grazed, and the number of each type of animal,
2. the length of the grazing periods,
3. the amount of time between the
completion of land application and the beginning of grazing on the land
application site, and
4. The
supplemental feeding practices being used or to be used.
(l) The name and address of every facility
from which sludge or septage is or will be obtained.
(m) Information about how land application is
to be done, including:
1. the proposed land
application rate,
2. the proposed
land application method, and
3. the
proposed date(s) of land application.
(n) Information about how the sludge or
septage is to be transported to the land application site, including:
1. the proposed method of transportation,
2. the proposed route of
transportation,
3. the proposed
frequency and date(s) of transportation, and
4. the name and address of the
transporter.
(o)
Information about the sludge or septage to be land applied, including:
1. the type of sludge or septage to be land
applied and, for each type, the amount to be land applied, and
2. the amount and type of each sludge and
septage previously land applied at the site, to the extent known, and
3. whether or not the applicant proposes to
use any Type II or Type III sludge or septage for which the Department has
granted a variance from a stabilization requirement pursuant to
310 CMR
32.12(1)(c).
(p) A general statement describing
the measures to be taken to otherwise comply with
310 CMR 32.00.
(4) Each Land Application
Certificate shall be subject to such terms and conditions as the Department may
reasonably impose. Each person receiving a Land Application Certificate shall
comply with such terms and conditions.
(5) When the Department has determined that
it has received a fully completed application for a Land Application
Certificate, it shall so notify the applicant and the board of health of the
city or town in which the land application site is located. The Department
shall seek the concurrence of the board of health of the city or town in which
the land application site is located prior to granting a Land Application
Certificate. Said board of health shall be deemed to have given concurrence
without terms or conditions unless it notifies the Department to the contrary
not later than 35 days after the notice given by the Department to the board of
health pursuant to the first sentence of 310 CMR 32.25(5). The Department shall
grant a Land Application Certificate without the concurrence of said board of
health only if the Department determines, after evaluating relevant evidence,
that the board of health has acted unreasonably in refusing or conditioning its
concurrence.
