Current through Register Vol. 49, No. 13, September 23, 2024
Subpart 1.
Endangered species.
Bulk sewage sludge must not be applied to the land if it is
likely to adversely affect a threatened or endangered species listed under
section 4 of the Endangered Species Act of 1973, United States Code, title 16,
section 1533, as amended, or its designated critical habitat.
Subp. 2.
Frozen or flooded
ground.
A. Bulk sewage sludge must not
be applied to agricultural land, forest, a public contact site, or a
reclamation site that is flooded, frozen, or snow covered so that the bulk
sewage sludge enters a wetland or other surface waters.
B. In addition to the requirements in subpart
3, item B, land application
of dewatered or liquid bulk sewage sludge to frozen or snow covered ground is
restricted to land with zero to two percent slopes. The application of liquid
bulk sewage sludge is also restricted to a 15,000 gallon per acre hydraulic
loading rate for the period when the ground is frozen or snow covered and must
take place no closer than 600 feet from downgradient surface waters listed in
subpart
3, item B.
C. Bulk sewage sludge must be injected or
incorporated within 48 hours of surface application on ground which is subject
to flooding unless specified otherwise in a site approval.
Subp. 3.
Suitable soil conditions,
slopes, and separation distances.
The suitable soil conditions in item A and the suitable slopes
and separation distances in item B must be met when bulk sewage sludge is
applied to agricultural land application sites. These conditions and
limitations must also be met when bulk sewage sludge is applied to
nonagricultural sites such as reclamation, forest, or public contact sites
unless approved by the commissioner under the requirements of part
7041.0800, subpart
5. Bulk sewage sludge must
not be applied to agricultural land, forest, a public contact site, or a
reclamation site that is 33 feet or less from surface waters or wetlands unless
specified otherwise in a permit.
A.
Suitable soil conditions are as follows:
(1)
the soil texture, United States Department of Agriculture classification, at
the zone of sewage sludge application must be fine sand, loamy sand, sandy
loam, loam, silt, silt loam, sandy clay loam, clay loam, sandy clay, silty clay
loam, silty clay, or clay;
(2) the
pH of the soil must be 5.5 or greater;
(3) bulk sewage sludge application to a site
must be suspended when the soil extractable phosphorus content determined by
the Brays P-1 test exceeds 200 parts per million (400 pounds per acre) in the
surface six inches of soil unless it is demonstrated through a management plan
approved by the commissioner that all resource management system level erosion
control practices as determined necessary by the Natural Resources Conservation
Service are in place and maintained;
(4) bulk sewage sludge application to a site
must be suspended when the electrical conductivity of the saturation extract of
the soil exceeds four millimhos per centimeter as determined by the soluble
salt test;
(5) soil samples must be
collected and analyzed for parameters in part
7041.0800, subpart
2, item C, at a minimum of
once in the three-year time period prior to the land application of bulk sewage
sludge unless stipulated otherwise in a site approval;
(6) liquid bulk sewage sludge must not be
applied to soils with surface permeabilities of less than 0.2 inch per hour
unless the sewage sludge is injected or incorporated within 48 hours of surface
application; and
(7) organic soils
or peat soils must not be used for bulk sewage sludge application unless
subsurface drainage is provided by a system designed according to or equivalent
to Natural Resources Conservation Service engineering criteria.
B. Suitable slopes and separation
distances must be as described in this item. If applied through irrigation
equipment, aerosol drift shall not be in contact with the feature specified.
BULK SEWAGE SLUDGE APPLIED TO THE LAND
SUITABLE SLOPES AND SEPARATION DISTANCES
| Criteria |
Surface Applied |
Incorporation within 48 hrs. |
Injection |
| Depth to bedrock |
31 ft. |
31 ft. |
31 ft. |
| Depth to seasonal high water
table2 or drain
tile3 |
31 ft. |
31 ft. |
31 ft. |
| Allowable slopes |
0% to 6% |
0% to 12% |
0% to 12% |
| Distance to wells |
|
|
|
| Private supply |
200 ft. |
200 ft. |
200 ft. |
| Public supply |
1000 ft. |
1000 ft. |
1000 ft. |
| Irrigation |
50 ft. |
25 ft. |
25 ft. |
| Distance to residences4 |
200 ft. |
200 ft. |
100 ft. |
| Distance to residential
development4 |
600 ft. |
600 ft. |
300 ft. |
| Distance to public contact
site4 |
600 ft. |
600 ft. |
300 ft. |
Down gradient5 lakes, rivers,
streams, type 3, 4, and 5
wetlands, intermittent streams6, or
tile inlets connected
to these surface waters, and sinkholes
| Slope 0% to 6% |
200 ft. |
50 ft. |
50 ft. |
| Slope >6 to 12% |
N/A |
100 ft. |
100 ft. |
Grassed Waterways7
| Slope 0% to 6% |
100 ft. |
33 ft. |
33 ft. |
| Slope 6% to 12% |
N/A |
33 ft. |
33 ft. |
1The depth is calculated from the
zone of sewage sludge application and the separation distance for highly
permeable soils is 5 feet.
2For the purpose of this item, a
perched water condition shall not be considered a seasonal high water
table.
3The depth to subsurface drainage
tiles shall be considered the depth to the seasonal high water table for sites
with tile drainage systems that are designed according to or equivalent to
Natural Resources Conservation Service engineering standards and
criteria.
4Separation distances may be reduced
with written permission from all persons responsible for residential
developments and places of recreation and all persons inhabiting within the
otherwise protected distance.
5If downgradient surface water does
not receive runoff because the site is bermed, separation distances can be
reduced to 33 feet.
6For the purpose of this item,
intermittent stream means a drainage channel with definable banks that provides
for runoff flow to any of the surface waters listed in this item during snow
melt or rainfall events.
7Separation distances are from the
centerline of grassed waterways. For grassed waterways which are wider than
these separation distances, application is allowed to the edge of the grass
strip. Grassed waterways are natural or constructed, typically broad and
shallow, and seeded to grass as protection against erosion.
Subp. 4.
Agronomic
rates.
A. Bulk sewage sludge must be
applied to agricultural land, forest, a public contact site, or a reclamation
site at an application rate that is equal to or less than the agronomic rate,
unless, in the case of a reclamation site, otherwise specified by the
commissioner.
B. Bulk sewage sludge
application rates, combined with other known sources of nitrogen such as
manure, carry-over nitrogen from previous sewage sludge applications, or
fertilizer, must supply no more available nitrogen than the rates as described
in subitems (1) to (5).
(1) The maximum
available nitrogen application rates calculated by methods provided by the
commissioner which are based on realistic yield goals, soil organic matter
content, and previously grown crops.
(2) For alfalfa and clovers which do not have
recommended nitrogen application rates either:
(a) the maximum available nitrogen
application rate must not exceed 200 pounds per acre for alfalfa and 100 pounds
per acre for clover, alfalfa grass, and clover grass mixtures; or
(b) the maximum available nitrogen
application rates may be calculated based on realistic yield goals and measured
yields in tons per acre multiplied by 50 pounds of nitrogen per ton.
(3) For soybeans, the maximum
available nitrogen application rate shall be calculated by multiplying the
realistic yield goal in bushels per acre times 3.5 pounds of nitrogen per
bushel.
(4) The maximum available
nitrogen application rate for cover crops must not exceed 50 pounds per acre
per year.
(5) The available
nitrogen applied after the second cutting of a hay crop must be no more than 50
percent of the maximum available nitrogen application rate for the current
cropping year.
C. Bulk
sewage sludge must not be applied to the land during the months of June, July,
and August unless a crop is growing on the land or a crop is seeded within
fourteen days following the bulk sewage sludge application.
D. Bulk sewage sludge must not be applied to
fallow land, which is land that is uncropped and kept cultivated throughout a
growing season and has a vegetative cover of less than 25 percent. Any land
that is uncropped and cultivated during the months of September through May
where a crop will be grown the following growing season is not considered
fallow land.
E. The calculation of
available and carry-over nitrogen in sewage sludge must be performed as
described in part
7041.3000.
Subp. 5.
Highly permeable soils.
In addition to those specified in subparts
3 and
4, the separation distances
in item A and agronomic management practices in items B and C must be met when
bulk sewage sludge is applied to highly permeable soils.
A. The minimum separation distance between
the zone of bulk sewage sludge application and the seasonal high water table
and bedrock is five feet.
B. Bulk
sewage sludge must not be applied to the land during the months of June, July,
August, or September unless a crop is growing on the land or a crop is seeded
within 14 days following the bulk sewage sludge application.
C. Bulk sewage sludge applied in October
shall be surface applied or applied with a nitrification stabilizer which
extends the time the nitrogen component remains in the soil in the ammoniacle
form.
Subp. 6.
Prohibited sites and other limits.
The prohibited sites and other limits in items A to G apply to
bulk sewage sludge applied to the land.
A. Bulk sewage sludge must not be applied on
areas ponded with water or sewage sludge.
B. Bulk sewage sludge must not be applied or
run onto adjoining property, roads, and the shoulders and drainage ditches
alongside a road.
C. The boundary
of a land application site must be identified prior to and during application
with the use of conspicuous flags placed to achieve a clear and positive
identification of the suitable site boundary unless apparent boundaries, such
as fence rows, roads, tree lines, type of vegetation, or steep slopes,
exist.
D. Bulk sewage sludge must
not be applied on any land without the permission of the owner.
E. Bulk sewage sludge must be applied to land
in such a manner as to provide uniform application.
F. Bulk sewage sludge must not be disposed of
or placed into any cave, or sinkhole. Except as part of a reclamation project,
sewage sludge must not be disposed of or placed on any mine or
quarry.
G. Daily surface
applications of liquid sewage sludge must not exceed the following:
coarse-textured soils, 25,000 gallons per acre; medium-textured soils, 15,000
gallons per acre; or fine-textured soils, 10,000 gallons per acre.
Subp. 7.
Short-term
storage.
Items A to C apply to the short-term storage of dewatered bulk
sewage sludge.
A. The short-term
storage of bulk sewage sludge shall not exceed 30 days.
B. Separation distances for short-term bulk
sewage sludge storage areas shall be those provided in subpart
3, item B, except that
short-term storage of bulk sewage sludge shall not occur within 100 feet of any
adjoining property without the written permission of the owner or within 100
feet of any road or drainage ditch.
C. Short-term storage of bulk sewage sludge
shall not take place on land with a slope greater than two percent unless
measures are taken to control water runoff or the bulk sewage sludge is being
spread concurrent with the unloading of bulk sewage sludge delivery trucks and
will not be stockpiled overnight.
Subp. 8.
Long-term storage.
Items A to G apply to the long-term storage of dewatered bulk
sewage sludge.
A. Long-term storage of
bulk sewage sludge is only allowed at land application sites where the stored
bulk sewage sludge is to be applied. Long-term storage of bulk sewage sludge
that is intended for application at several land application sites is allowed
provided that all sites are owned by the same person and all sites are within a
one-half mile radius.
B. Long-term
storage of bulk sewage sludge for land application areas of 40 acres or less
shall not take place within 400 feet from any residence. This separation
distance shall increase 100 feet for every additional ten acres of land
application area, or portion thereof, up to a maximum of 1,000 feet. Separation
distances may be reduced if written permission is obtained from all persons
residing within the otherwise protected distance.
C. Long-term storage of bulk sewage sludge
shall not take place within 1,000 feet of any residential development or public
contact site.
D. Long-term storage
of bulk sewage sludge shall not take place within 1,000 feet of any
downgradient surface waters and wetlands listed in subpart
3, item B, tile inlets, or
sinkholes unless measures are taken to control runoff in which case the
separation distance may be reduced to 200 feet.
E. Long-term storage of bulk sewage sludge
shall not be allowed on land with greater than a two percent slope.
F. Long-term bulk sewage sludge storage areas
shall be located in areas where the texture of all the horizons in the soil
profile to a depth of five feet is sandy loam or finer unless an impervious pad
with a drainage collection system is constructed.
G. Long-term bulk sewage sludge storage shall
not take place on the same area for two or more consecutive years unless an
impervious pad with a drainage collection system is constructed.
Subp. 9.
Labeling.
A label must be affixed to the bag or other container in which
sewage sludge is sold or given away for application to the land or an
information sheet must be provided to the person who receives sewage sludge in
an other container. The label or information sheet must contain the following
information:
A. the name and address
of the person who prepared the sewage sludge that is sold or given away in a
bag or other container;
B. a
statement that application of the sewage sludge to the land is prohibited
except according to the instructions on the label or information sheet;
and
C. the annual whole sludge
application rate for the sewage sludge that does not cause any of the annual
pollutant loading rates in part
7041.1100, subpart
4, item D, to be
exceeded.
Statutory Authority: MS s
116.07
