902 Ky. Admin. Regs. 10:160

Current through Register Vol. 51, No. 6, December 1, 2024

Section 902 KAR 10:160 - Domestic septage disposal site operation

RELATES TO: KRS 211.220, 211.360, 211.970, 211.972, 211.974, 211.976, 211.981, 211.995

NECESSITY, FUNCTION, AND CONFORMITY: KRS 194A.050(1) authorizes the secretary of the Cabinet for Health and Family Services to promulgate administrative regulations necessary to operate the programs and fulfill the responsibilities vested in the cabinet. KRS 211.980 authorizes the secretary to promulgate administrative regulations relating to vehicle tank and equipment requirements; conduct of business; approval of disposal or treatment sites and methods; domestic septage treatment, land application, and surface disposal sites; inspection and administrative enforcement procedures, including suspension or revocation of licensing; injunctive action; and any other matters deemed necessary to protect public health and the environment. This administrative regulation establishes the requirements for issuing a permit to operate a domestic septage storage or disposal site, the procedures for operating a domestic septage storage or disposal site, and the inspection process of treatment or disposal sites.

Section 1. Definitions.

(1) "Cabinet" is defined by KRS 211.970(2).

(2) "Certified inspector" means a specific individual who has met the requirements for certification contained in KRS 211.360.

(3) "Deep incorporation" means land application by subsurface injection, trench disposal, or a furrow-placement-cover operation.

(4) "Domestic septage" means liquid or solid material removed from a septic tank, holding tank, portable toilet, Type III marine sanitation device, or similar treatment works that receives only domestic sewage. Domestic septage shall not include:

(a) Liquid or solid material removed from a septic tank that contains commercial wastewater or industrial wastewater processes;

(b) Similar treatment works that receives commercial or industrial wastewater processes; or

(c) Grease removed from a grease trap at a restaurant or similar grease producing business.

(5) "Grease" is defined by KRS 211.970(3).

(6) "Land application" means:

(a) The spraying or spreading, while the vehicle is in motion, of domestic septage mixed with grease at a ratio of three (3) parts domestic septage to one (1) part grease onto the land surface;

(b) The injection of domestic septage below the land surface; or

(c) The incorporation of domestic septage into the soil.

(7) "Operator" means a person owning, operating, or controlling a septic tank domestic septage servicing business or a person operating or owning a domestic septage disposal, treatment, or recycling site, including their employees or agents.

(8) "pH" means the logarithm of the reciprocal of the hydrogen ion concentration.

(9) "Reclamation" means the approved reclaiming of strip mine and construction sites for the disposal of domestic septage.

(10) "Shallow incorporation" means land application by surface spreading followed by plowing, disking, or harrowing.

(11) "Surface disposal site" means an area of land that is used for domestic septage disposal.

Section 2. Application for Permit to Operate.

(1)

(a) A person shall not construct or operate a site for domestic septage disposal or domestic septage mixed with grease at a ratio of three (3) parts domestic septage to one (1) part grease without having first obtained a permit from the cabinet.

(b) A farm owner shall not be required to be permitted as a disposal site if that farm properly disposes of less than 2,000 gallons of its own domestic septage per year. The farm shall be registered with the local health department and the disposal of its own domestic septage on the farm shall not contaminate the groundwater or surface water or create a public health nuisance.

(2) Form DFS-200, Application for Permit or License, incorporated by reference in 902 KAR 45:065, and form DFS-345, Application for Site Evaluation and Permit to Operate a Disposal Site, (12/18), shall be submitted to the local health department for the initial application.

(3) The disposal area where domestic septage is to be applied shall meet the requirements of 902 KAR 10:150.

(4) The following documents shall be submitted with the initial application or any time changes to the operation or process occur:

(a) A plat or recording in the local county clerk's office, an original and current 7.5 minute U.S. Geological Survey Quadrangle topographical map with proposed site boundaries clearly marked, or dimensioned site plan showing:

1. Number of acres and site boundaries;

2. Structures and other facilities;

3. Approved disposal area;

4. Setback distances of features on and adjacent to the site;

5. North and prevailing wind direction; and

6. Access roads and other features outside of the boundaries of the site.

(b) Proposed operations plan including:

1. Methods and equipment for application or storage;

2. Land usage and the nitrogen requirement for the crop or vegetation;

3. Application rate; and

4. Pathogen reduction and vector control plan.

(5)

(a) A certification statement shall be submitted to the local health department certified inspector with the initial permit application and annually thereafter.

(b) This statement shall read: "I certify, under penalty of law, that pathogen reduction and the vector attraction reduction requirements have been met, and no changes to the operation or process, as submitted in the original application, have occurred as per 902 KAR 10:150. This determination has been made under my direction and supervision in accordance with the system designed to ensure that qualified personnel properly gather and evaluate the information used to determine that the requirements have been met."

(6) A permit to operate shall be issued after the owner or operator meets the requirements of this administrative regulation and 902 KAR 10:150.

(7) The permit shall expire March 1 of each year.

Section 3. Permit and Inspection Fees.

(1) An annual permit fee of $187 is assessed for each permitted site to cover the costs of reviewing documentation and conducting inspections by the local health department.

(2) Fees shall be made payable to the local health department.

Section 4. Business Requirements.

(1) The operator of a domestic septage disposal site shall:

(a) Refuse to accept any type of waste for which the site is not approved.

(b) Maintain the site, facilities, and equipment in a safe and sanitary condition.

(c) Direct and manage the unloading and application of domestic septage to the site during the hours of operation.

(d) Notify service vehicle operators if the site is closed during normal working hours.

(e) Notify the local health department certified inspector immediately of any person who discharges prohibited waste.

(f) Submit a written closure plan to the local health department prior to thirty (30) days of closure.

(2) The owner of a disposal site shall:

(a) Provide written notification to the subsequent owner prior to the sale that the land was used as a domestic septage disposal site.

(b) Maintain a list of the vehicle license numbers, disposal method, location, and total number of gallons of domestic septage or domestic septage mixed with grease received, retain these records for five (5) years, and make these records available to the cabinet during normal business hours.

Section 5. Approved Methods of Domestic Septage Disposal.

(1) Domestic septage storage facilities capable of holding three (3) times the storage capacity of the largest pump truck, or at least 4,000 gallons, shall be provided at the disposal site.

(2) Unless previously added, sufficient alkali shall be applied to each application method of domestic septage or domestic septage mixed with grease to raise the pH to twelve (12) for thirty (30) minutes to control odors and vectors.

(3) Surface application and shallow incorporation.

(a) Equipment used for surface application shall have a spray bar, splash plate, or other device to evenly distribute the domestic septage while the equipment is in motion. The device shall be:

1. Designed to direct the contents away from the vehicle; and

2. Rinsed prior to it leaving the site.

(b) The domestic septage shall be surface spread uniformly to prevent ponding.

(c) The site shall have a well-established and maintained sod covering or approved vegetation unless the domestic septage application is used to establish a vegetative cover in reclamation.

(d) Domestic septage on sites using shallow incorporation shall be incorporated into the soil within six (6) hours.

(e) Incorporation of domestic septage shall follow the contour of the site to minimize erosion and runoff.

(4) Deep incorporation.

(a) Deep incorporation of domestic septage shall follow the contour of the site to minimize soil erosion and runoff.

(b) If approved, trenches shall be a maximum of two (2) feet deep and two (2) to ten (10) feet wide. Actual configuration of the width and linear dimensions may be restricted by topography and soil conditions.

1. The excavated soil from the trench or bed shall be placed on the uphill side to control the movement of surface water into the trench or bed.

2. An additional application of alkali may be required.

3. The trench shall be covered with a minimum of one (1) foot of soil when it reaches its holding capacity and has dewatered sufficiently.

4. Trenching of grease alone is prohibited.

Section 6. Experimental Disposal Methods. The following disposal methods shall be considered experimental and, if it is determined that they are likely to have an adverse environmental impact, the cabinet shall submit the application for review by the Energy and Environment Cabinet:

(1) Lagoon;

(2) Wetlands;

(3) In-vessel composting;

(4) Static pile composting;

(5) Windrow composting;

(6) Recycling; and

(7) Other, similar proposed methods.

Section 7. Domestic Septage Disposal Site Maintenance.

(1) Sites shall be maintained to prevent the creation of a public health hazard or degrading conditions to the environment.

(2) The DFS-234, Permit to Operate (12/18), shall be posted at the entrance of the disposal site.

(3) A plot plan shall be posted at the site showing the following information:

(a) Division of site by approved application methods; and

(b) Number of gallons of domestic septage applied.

(4) Access roads shall be maintained to minimize dust and rutting.

(5) Surface application shall not be applied during or immediately after inclement weather or a hard freeze.

(6) Warning signs, fencing, or barriers shall be required to prevent unauthorized entry into the disposal area.

Section 8. Inspection Procedures.

(1) At least one (1) time every calendar year the local health department certified inspector shall inspect:

(a) Vehicles;

(b) Equipment;

(c) Domestic septage storage facilities used at the site; and

(d) The domestic septage disposal site.

(2) The cabinet shall have the right of access to inspect vehicles, equipment, domestic sep-tage storage locations, and the domestic septage disposal sites during normal hours of operation. The right of access at all times shall not be denied if there is a potential imminent health hazard.

(3) The findings shall be recorded on Form DFS-315, Inspection Report, (1/19), and a copy of the inspection report shall be provided to the owner or operator.

(4) If a violation is found, the inspection report shall:

(a) Set forth the specific violation;

(b) Set a time period for correcting the violation; and

(c) State that failure to comply with any notice issued pursuant to KRS 211.970 to 211.981 and this administrative regulation may result in initiation of the enforcement proceedings in Section 9 of this administrative regulation and KRS 211.995.

Section 9. Administrative Enforcement Procedures.

(1) A permit may be suspended or revoked upon evidence that the operator:

(a) Knowingly violates the provisions of KRS 211.970 to 211.981 or this administrative regulation;

(b) Accepts prohibited wastes;

(c) Practices fraud or deception in applying for a permit;

(d) Fails to pay required fees;

(e) Is incompetent to operate a domestic septage disposal site; or

(f) Interferes with the cabinet in the performance of its duties.

(2) An administrative conference shall be provided, after request by the operator, if:

(a) A permit is denied, suspended, or revoked; or

(b) An inspection indicates failure to comply with the requirements of KRS 211.970 to 211.981 or this administrative regulation.

(3) The request for an administrative conference shall be made in writing on Form DFS-212, Request for Conference, incorporated by reference in 902 KAR 1:400.

(4) Service of process and proof of service shall comply with KRS 211.220.

(5) An injunction may be obtained by the cabinet or local health department if immediate action is necessary to prevent the creation or continuance of a health hazard, damage to the environment, or to compel compliance with KRS 211.970 to 211.981 and this administrative regulation.

Section 10. Incorporation by Reference.

(1) The following material is incorporated by reference:

(a) "DFS-234, Permit to Operate a Disposal Site", (12/18);

(b) "DFS-315, Inspection Report", (1/19); and

(c) "DFS-345, Application for Site Evaluation and Permit to Operate a Disposal Site", (12/18).

(2) This material may be inspected, copied, or obtained, subject to applicable copyright law, at the Department for Public Health, 275 East Main Street, Frankfort, Kentucky 40621, Monday through Friday, 8 a.m. to 4:30 p.m.

902 KAR 10:160

21 Ky.R. 810; 1330; eff. 10-19-94; 22 Ky.R. 2399; eff. 8-1-96; Crt eff. 11-18-2019; 47 Ky.R. 1295, 1975; eff. 6-16-2021.

STATUTORY AUTHORITY: KRS 194A.050(1), 211.980,