South Carolina Code of Regulations
Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL
Subchapter 61-9 - Water Pollution Control Permits
Subchapter 61-9.504 - STANDARDS FOR THE USE OR DISPOSAL OF INDUSTRIAL SLUDGE
Part B - LAND APPLICATION
Section 61-9.504.B.12 - General requirements

Universal Citation: SC Code Regs 61-9.504.B.12

Current through Register Vol. 48, No. 9, September 27, 2024

(a) No person shall apply industrial sludge to the land except in accordance with the requirements in this part.

(b) No person shall apply bulk industrial sludge subject to the cumulative pollutant loading rates in section504.13(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 section504.13(b)(2)(b)(2) has been reached.

(c) [Reserved]

(d) The person who prepares bulk industrial sludge that is applied to agricultural land, forest, a public contact site, or a reclamation site shall provide the person who applies the bulk industrial sludge written notification of the concentration of total nitrogen (as N on a dry weight basis) in the bulk industrial sludge.

(e)

(1) The person or the permittee who applies industrial sludge to the land shall obtain information needed to comply with the requirements in this part.

(2)
(i) Before bulk industrial sludge subject to the cumulative pollutant loading rates in section504.13(b)(2)(b)(2) is applied to the land, the person who proposes to apply the bulk industrial sludge shall contact the Department to determine whether bulk industrial sludge subject to the cumulative pollutant loading rates in section504.13(b)(2)(b)(2) has been applied to the site.

(ii) If bulk industrial sludge subject to the cumulative pollutant loading rates in section504.13(b)(2)(b)(2) has not been applied to the site, the cumulative amount for each pollutant listed in Table 2 of section504.13 may be applied to the site in accordance with section504.13(a)(2)(i)(a)(2)(i).

(iii) If bulk industrial sludge subject to the cumulative pollutant loading rates in section504.13(b)(2)(b)(2) has been applied to the site and the cumulative amount of each pollutant applied to the site in the bulk industrial 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 section504.13(a)(2)(i)(a)(2)(i).

(iv) If bulk industrial sludge subject to the cumulative pollutant loading rates in section504.13(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 industrial sludge since that date is not known, an additional amount of each pollutant shall not be applied to the site in accordance with section504.13(a)(2)(i)(a)(2)(i).

(f) When a person who prepares bulk industrial sludge provides the bulk industrial sludge to a person who applies the bulk industrial sludge to the land, the person who prepares the bulk industrial sludge shall provide the person who applies the industrial sludge notice and necessary information to comply with the requirements in this part.

(g) When a person who prepares industrial sludge provides the industrial sludge to another person who prepares the industrial sludge, the person who provides the industrial sludge shall provide the person who receives the industrial sludge notice and necessary information to comply with the requirements in this part.

(h) The person who applies bulk industrial sludge to the land shall provide the owner or lease holder of the land on which the bulk industrial sludge is applied notice and necessary information to comply with the requirements in this part.

(i) Any person who prepares outside the State bulk industrial sludge that is applied to land in South Carolina or who prepares in the State bulk industrial sludge that is applied to land in another state shall provide written notice, prior to the initial application of bulk industrial sludge to the land application site by the applier, to the Department. For bulk industrial sludge prepared outside the State and applied to land in the state, 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 industrial 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 industrial 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 industrial sludge.

For use or land disposal outside the state, the notice shall include information showing the acceptance of the bulk industrial sludge for land application by the appropriate person(s). This information may be in the form of copies of permits or approvals, letters from the appropriate permitting authority, or an acceptance letter from the person agreeing to land apply the bulk industrial sludge.

(j) Any person who applies bulk industrial sludge subject to the cumulative pollutant loading rates in section504.13(b)(2)(b)(2) to the land shall provide written notice, prior to the initial application of bulk industrial sludge to a land application site by the applier, to the Department and the Department 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 industrial sludge.

(k) The Department may establish additional restrictions in permits 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 the agronomic rate of 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 or revoke the permit based on this data.

(o) Any person who prepares bulk industrial sludge and applies it to the land, or provides the bulk industrial sludge to a person who applies the bulk industrial sludge, or provides the bulk industrial sludge to another person who treats or processes the bulk industrial sludge prior to land applying it, shall apply to the Department for a permit to land apply the bulk industrial sludge and shall receive a valid permit from the Department prior to the actual application. Any person who prepares industrial sludge and sells or gives it away in a bag or other container, or provides the industrial sludge to a person who sells or gives it away in a bag or other container, or provides the industrial sludge to another person who treats, mixes, alters or processes the industrial sludge for sale or gives it away in a bag or other container shall receive a valid permit from the Department prior to the sale or distribution of the material. The application for land applying sludges, 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 (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 industrial sludge is alkaline stabilized).

(C) Pollutants (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 industrial 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 and application amounts (when sludge was applied under permits issued by the Department).

(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 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 industrial sludge (e.g. a municipal or industrial 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 industrial 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 industrial 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.

Disclaimer: These regulations may not be the most recent version. South Carolina may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.