Current through September 24, 2024
(1) When permission
for use is obtainable, a public, community or private wastewater treatment
facility shall be used to dispose of domestic septage. When permission to use
wastewater treatment facilities cannot be obtained, then a permitted domestic
septage disposal site may be used in accordance with this rule. A domestic
septage disposal site permit shall be obtained from the Commissioner.
(2) Domestic Septage Disposal Site Permit -
Any site used for the disposal of the domestic septage from septic tanks or
other sewage treatment or disposal facilities covered within the provisions of
these regulations shall require an annual permit from the Commissioner. The
operator of the site shall obtain this permit prior to any use of the site and
shall be responsible for the proper use and maintenance of the site.
(3)
(a) No
permit under this rule shall be granted until:
1. An application is filled out in its
entirety, unless otherwise specified by the Commissioner;
2. The operator has demonstrated to the
Commissioner that he is capable of operating the site in accordance with the
regulations as set forth herein; and
3. The department has determined that the
site meets the minimum requirements as set forth herein.
(b) A domestic septage disposal site permit
may be denied, suspended or revoked when the disposal site does not meet the
minimum requirements as set forth herein or where it is determined that the
operator is not operating the site in accordance with the regulations as set
forth herein.
(4)
Application for permit shall contain the following:
(a) Business name, address and telephone
number of operator;
(b) Name,
address and telephone number of applicant;
(c) Written permission of the landowner. The
landowner must agree, in writing, to abide by the land use restrictions as
provided in these rules;
(d) A high
intensity soil map of the proposed disposal area prepared in accordance with
Rules subparts (3)(a)1(i) and (3)(a)(2)(i) of Rule 0400-48-01-.03. This map
must note any areas where slope exceeds twelve (12) percent or where there is
less than twenty-four (24) inches of soil material before subsurface bedrock
formations, fragipans, seasonal high water table or water are
encountered;
(e) A plat, with seal
and signature of a registered surveyor, of sufficient scale and accuracy to
locate pertinent features. This plat shall include, but not be limited to, the
property boundaries, disposal boundaries, buildings, underground utilities,
roads, surface waters, water supplies, water courses, sinks, sinkholes, caves,
etc.;
(f) The crop to be grown on
the disposal site for the coming year; and
(g) Any additional information that the
Commissioner determines is necessary to properly evaluate the site.
(5) Permits for Domestic Septage
Disposal Site
(a) Permits shall not be
transferable or assignable and shall automatically become invalid upon a change
of land or business ownership or upon suspension or revocation.
(b) Permits shall expire on the 31st day of
December, following the date of issuance.
(c) When a permit has been denied, suspended
or revoked, a hearing may be requested before the Commissioner by making such
request in writing within thirty (30) days of the date of the denial,
suspension or revocation. Any hearing granted under this section shall be
conducted in accordance with T.C.A. §§ 4-5-301 et seq.
(6)
(a) Land application of domestic septage
shall be approved as follows:
1.
(i) The pH of the domestic septage shall be
raised to a minimum of twelve (12) or higher by the addition of an alkali such
as hydrated lime or quicklime, and without adding more alkali, the domestic
septage shall remain at a pH of twelve (12) or higher for at least thirty (30)
minutes prior to being land applied;
(ii) Domestic septage shall be injected below
the surface of the soil. When domestic septage is injected below the surface of
the soil, no significant amount of domestic septage shall be present on the
surface of the soil within one (1) hour after the domestic septage is injected;
or
(iii) Domestic septage shall be
incorporated into the surface of the soil within six (6) hours of land
application; and
2. The
vehicle must be in motion during land application to evenly distribute the
domestic septage over the site. A splash plate or other effective method of
dispersal shall be used for land application.
(b) Grease and/or the contents of grease
traps shall not be disposed of at any domestic septage disposal site approved
under these rules.
(c) Commercial
or industrial wastewater shall not be disposed of at any domestic septage
disposal site approved under these rules.
(d) The contents of portable toilets, Type
III marine sanitation devices, or similar materials shall not be applied to
domestic septage disposal sites unless the site is approved in conjunction with
the Director of the Division of Water Resources.
(7) Site Restrictions
(a) Soil requirements
1. Domestic septage disposal sites shall have
a slope of twelve (12) percent or less.
2. The soil material in the domestic septage
disposal site shall be at least twenty-four (24) inches deep before subsurface
rock formations or seasonal ground water is encountered.
3. Domestic septage disposal sites shall have
a well-established sod cover unless domestic septage is injected below the soil
surface or incorporated into the soil surface within six (6) hours of land
application.
4. The minimum soil
absorption rate shall be thirty (30) minutes per inch. There are no upper
limits on soil absorption rates.
(b) The annual application rate (AAR) for
domestic septage shall not exceed the annual application rate calculated using
the equation:
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Where:
AAR=Annual application rate
in gallons per acre per 365 day period.
N=Amount of nitrogen in
pounds per acre per 365 day period needed by the crop or vegetation grown on
the land.
Once the annual application rate has been reached for an
approved domestic septage disposal site, no additional domestic septage
disposal will be allowed on that site during that calendar year.
(c) The location of the disposal
site shall be selected in accordance with the following minimum distances:
1. Five hundred (500) feet from any habitable
building or public use area. With the owner's permission, the site may be
within a lesser distance of his residence.
2. One hundred (100) feet from adjoining
property, any highway or public road, sink, cave or bedrock outcrop.
3. Three hundred (300) feet from surface
waters or any point where it can pollute any water course or
groundwater.
4. Five hundred (500)
feet from water supplies or bathing areas.
5. No disposal in areas subject to flooding,
as determined by the department.
(d) Grazing restrictions - Animals shall not
be allowed to graze on the land for thirty (30) days after application of
domestic septage.
(e) Public access
to the domestic septage disposal site shall be restricted for one year after
application of domestic septage. Examples of restricted access include
remoteness, posting "no trespassing" signs and/or simple fencing.
(f) Crop restrictions
1. Food crops with harvested parts that touch
the domestic septage/soil mixture and are totally above ground shall not be
harvested for fourteen (14) months after application of domestic
septage.
2. Food crops with
harvested parts below the surface of the land shall not be harvested for
thirty-eight (38) months after application of domestic septage.
3. Animal feed, fiber and those food crops
that do not touch the soil surface shall not be harvested for thirty (30) days
after application of domestic septage.
(8) Facility Standards
(a) Storage facilities shall be identified
and approved and must be used if pumping is continued when the site is not
accessible or usable.
(b) Mixing
facilities for lime and domestic septage shall be identified, inspected and
approved by the Commissioner.
(c)
Mixing tanks must be watertight, structurally sound and not subject to
excessive corrosion or decay.
Authority:
T.C.A. §§
68-221-401 et seq. and 4-5-201 et
seq.