Current through Register Vol. 48, No. 9, September 27, 2024
(a) No
person shall apply sewage sludge to the land except in accordance with the
requirements in this part.
(b) No
person shall apply bulk sewage sludge subject to the cumulative pollutant
loading rates in section503.13(b)(2)(b)(2) to agricultural land, forest, a
public contact site, or a reclamation site if any of the cumulative pollutant
loading rates in section503.13(b)(2)(b)(2) has been reached.
(c) No person shall apply domestic septage to
agricultural land, forest, or a reclamation site during a 365 day period if the
annual application rate in section503.13(c)(c) has been reached during that
period.
(d) The person who prepares
bulk sewage sludge that is applied to agricultural land, forest, a public
contact site, or a reclamation site shall provide the person who applies the
bulk sewage sludge written notification of the concentration of total nitrogen
(as N on a dry weight basis) in the bulk sewage sludge.
(e)
(1) The
person or the permittee who applies sewage sludge to the land shall obtain
information needed to comply with the requirements in this part.
(2)
(i)
Before bulk sewage sludge subject to the cumulative pollutant loading rates in
section503.13(b)(2)(b)(2) is applied to the land, the person who proposes to
apply the bulk sewage sludge shall contact the Department or the permitting
authority for the State in which the bulk sewage sludge will be applied to
determine whether bulk sewage sludge subject to the cumulative pollutant
loading rates in section503.13(b)(2)(b)(2) has been applied to the
site.
(ii) If bulk sewage sludge
subject to the cumulative pollutant loading rates in section503.13(b)(2)(b)(2)
has not been applied to the site, the cumulative amount for each pollutant
listed in Table 2 of section503.13 may be applied to the site in accordance
with section503.13(a)(2)(i)(a)(2)(i).
(iii) If bulk sewage sludge subject to the
cumulative pollutant loading rates in section503.13(b)(2)(b)(2) has been
applied to the site and the cumulative amount of each pollutant applied to the
site in the bulk sewage sludge is known, the cumulative amount of each
pollutant applied to the site shall be used to determine the additional amount
of each pollutant that can be applied to the site in accordance with
section503.13(a)(2)(i)(a)(2)(i).
(iv) If bulk sewage sludge subject to the
cumulative pollutant loading rates in section503.13(b)(2)(b)(2) has been
applied to the site since July 20, 1993 and the cumulative amount of each
pollutant applied to the site in the bulk sewage sludge since that date is not
known, an additional amount of each pollutant shall not be applied to the site
in accordance with section503.13(a)(2)(i)(a)(2)(i).
(f) When a person who prepares
bulk sewage sludge provides the bulk sewage sludge to a person who applies the
bulk sewage sludge to the land, the person who prepares the bulk sewage sludge
shall provide the person who applies the sewage sludge notice and necessary
information to comply with the requirements in this part.
(g) When a person who prepares sewage sludge
provides the sewage sludge to another person who prepares the sewage sludge,
the person who provides the sewage sludge shall provide the person who receives
the sewage sludge notice and necessary information to comply with the
requirements in this part.
(h) The
person who applies bulk sewage sludge to the land shall provide the owner or
lease holder of the land on which the bulk sewage sludge is applied notice and
necessary information to comply with the requirements in this part.
(i) Any person who prepares bulk sewage
sludge that is applied to land in a State other than the State in which the
bulk sewage sludge is prepared shall provide written notice, prior to the
initial application of bulk sewage sludge to the land application site by the
applier, to the Department or the permitting authority for the State in which
the bulk sewage sludge is proposed to be applied. The notice shall include:
(1) The location, by either street address or
latitude and longitude, of each land application site.
(2) The approximate time period bulk sewage
sludge will be applied to the site.
(3) The name, address, telephone number, and
National Pollutant Discharge Elimination System permit number (if appropriate)
for the person who prepares the bulk sewage sludge.
(4) The name, address, telephone number, and
National Pollutant Discharge Elimination System permit number (if appropriate)
for the person who will apply the bulk sewage sludge.
(j) Any person who applies bulk sewage sludge
subject to the cumulative pollutant loading rates in section503.13(b)(2)(b)(2)
to the land shall provide written notice, prior to the initial application of
bulk sewage sludge to a land application site by the applier, to the Department
or permitting authority for the State in which the bulk sewage sludge will be
applied and the Department or permitting authority for the State shall retain
and provide access to the notice. The notice shall include:
(1) The location, by either street address or
latitude and longitude, of the land application site.
(2) The name, address, telephone number, and
National Pollutant Discharge Elimination System permit number (if appropriate)
of the person who will apply the bulk sewage sludge.
(k) The Department may establish categories
of land application sites and develop separate permitting requirements for each
category as deemed necessary.
(1) The
Department may establish requirements in permits for site selection regarding
appropriate conditions for land application of sewage sludge.
(2) The Department may establish additional
permitting restrictions based upon soil and groundwater conditions to insure
protection of the groundwater and surface water of the State. Criteria may
include but is not limited to soil permeability, clay content, and depth to
groundwater.
(l) The
Department may establish in permits the application buffer setbacks for
property boundaries, roadways, residential developments, dwellings, water
wells, drainageways, and surface water as deemed necessary to protect public
health and the environment. Factors taken into consideration in the
establishment of setbacks would indicate sludge application method, adjacent
land usage, public access, aerosols, runoff prevention, and adjacent
groundwater usage.
(m) The
Department may establish permit conditions to require that sludge application
remain consistent with the lime and fertilizer requirements for the cover,
feed, food, and fiber crops based on published lime and fertilizer
recommendations (such as "Nutrient Management for South Carolina", Cooperative
Extension Service, Clemson University, EC 476).
(n) The Department may establish minimum
requirements in permits for soil and/or groundwater monitoring, for bulk
application sites, to verify compliance with this Regulation. Factors taken
into consideration in the establishment of soil and groundwater monitoring will
include groundwater depth, operation flexibility, application frequency, type
of sludge, size of application area, and loading rate.
(1) The Department may establish
pre-application and post-application site monitoring requirements in permits
for limiting nutrients or limiting pollutants as determined by the
Department.
(2) The Department may
establish permit conditions which require the permittee to reduce, modify, or
eliminate the sludge applications based on the results of this data.
(3) The Department may modify or revoke and
reissue the permit based on this data.
(o) Any person who prepares bulk sewage
sludge and applies it to the land, or provides the bulk sewage sludge to a
person who applies the bulk sewage sludge, or provides the bulk sewage sludge
to another person who treats or processes the bulk sewage sludge prior to land
applying it, shall apply to the Department for a permit to land apply the bulk
sewage sludge and shall receive an approved permit from the Department prior to
the actual application. Any person who prepares sewage sludge and sells or
gives it away in a bag or other container, or provides the sewage sludge to a
person who sells or gives it away in a bag or other container, or provides the
sewage sludge to another person who treats, mixes, alters or processes the
sewage sludge for sale or gives it away in a bag or other container shall
receive an approved permit from the Department prior to the sale or
distribution of the material. The application for land applying, or bagging, or
selling, or giving away sludges will be in the form of a report prepared by a
qualified Professional Engineer, qualified soil scientist, qualified
agronomist, or other qualified individual. This report shall at a minimum
contain:
(1) Sludge generator information
shall be included as follows:
(i) Facility
name, address, telephone number, county, and NPDES or other permit number(if
applicable).
(ii) Plant discharge
capacity in millions of gallons per day (MGD) (if applicable), amount of sludge
generated per year (dry weight basis), description of sludge storage and amount
of stockpiled sludge (if applicable), description of sludge treatment, and
current method of disposal.
(2) Sludge analysis information shall be
included as follows:
(i) Test results or
rationale that demonstrates the non-hazardous nature of the sludge to the
satisfaction of the Department.
(ii) Name, address, lab certification number,
and telephone number of the laboratory conducting the analyses.
(iii) Sludge shall be analyzed for:
(A) Total solids (mg/l) and volatile solids
(mg/kg).
(B) Nutrients (on a dry
weight basis).
(1) Total Kjeldahl Nitrogen
(mg/kg).
(2) Total inorganic
nitrogen (mg/kg).
(3) Total ammonia
nitrogen (mg/kg) and Total nitrate nitrogen (mg/kg).
(4) Total phosphorus (mg/kg).
(5) Total potassium (mg/kg).
(6) Calcium Carbonate Equivalency (if sewage
sludge is alkaline stabilized).
(C) Pollutants (on a dry weight basis).
(1) Arsenic (mg/kg).
(2) Cadmium (mg/kg).
(3) Copper (mg/kg).
(4) Lead (mg/kg).
(5) Mercury (mg/kg).
(6) Molybdenum (mg/kg).
(7) Nickel (mg/kg).
(8) Selenium (mg/kg).
(9) Zinc (mg/kg).
(10) Other compounds required by the permit
or any pollutant required for monitoring under effluent guidelines ( 40 CFR
Part 136; Subchapter N ( 40 CFR Parts 400 through 402 and 404 through 471))
may be required to be monitored for in the sewage sludge (if
applicable).
(D) If an
analysis must be performed on the sludge to document compliance with pathogen
reduction requirements and vector attraction reduction requirements, these
analyses shall be submitted in the report along with an explanation.
(iv) Sludge handling and
application information shall be included as follows:
(A) Description of method of transport (if
applicable).
(B) The time of year
of the sludge application and how it relates to crop planting and harvesting
schedule (if applicable).
(C) Name,
address, and telephone number of the contractor applying the sludge (if
applicable).
(D) Type of equipment
used to spread the sludge (if applicable).
(v) Application site information shall be
included (as appropriate):
(A) Name and
address of landowner and location of application site(s).
(B) Name and address of the party managing
the site(s) (if different than the owner).
(C) Previous years when sludge was applied
under permits by the Department and application amounts.
(D) Additional soil additives applied on the
site(s).
(E) Description of method
to control access to the site(s).
(F) Method of odor control (if
applicable).
(G) Site location(s)
on maps including:
(1) Topography and
drainage characteristics.
(2)
Adjacent land usage and location of inhabited dwellings.
(3) All water supply wells on adjacent
property.
(4) Adjacent surface
water bodies.
(5) Sludge use or
disposal boundaries and buffer zones.
(6) Location of proposed groundwater
monitoring wells (if applicable).
(7) Right-of-Ways
(8) Soil test, description of soil types, and
boring locations (if applicable).
(vi) Site Monitoring Plan information shall
be included as follows (when required):
(A)
Groundwater monitoring information (if applicable).
(B) Soil monitoring methods and locations (if
applicable).
(C) Surface water
sampling methods and locations (if applicable).
(D) Metals testing, if required, due to
previous application(s) (if applicable).
(E) Method to insure that the soil pH will
remain within agronomic ranges during the life of the site (e.g. alkaline
stabilized sludge projects).
(vii) The Department, at its discretion, may
identify specific application information that may be excluded from a
submission if the applicant has an alternate permitted method of disposal for
the bulk sewage sludge (e.g. a municipal solid waste landfill disposal permit).
The Department, may allow an applicant to exclude application information from
a submission of a modified application or addition to a previously permitted
activity.
(p)
The Department, at its discretion, may request of an applicant any additional
information deemed necessary to complete or correct deficiencies in the sludge
disposal permit application before processing the application or issuing or
denying the issuance of a permit.
(q) Applicants for land application of sludge
must submit their applications on permit application forms if designated by the
Department.
(r) If a deleterious
impact to the groundwaters of the State from sewage sludge use or disposal
practices is documented, through groundwater monitoring levels exceeding the
standards set forth in R.61-68 or a significant adverse
trend occurs, then it will be the obligation of the generator/preparer of the
sewage sludge as directed by the Department to conduct an investigation to
determine the vertical and horizontal extent of groundwater impact. The
Department may require remediation of the groundwater to within acceptable
levels for groundwater as set forth in R.61-68.
