A. Applicability 1. This Section applies to: a. any person who prepares sewage sludge or biosolids that are applied to the land;b. any person who applies biosolids to the land;c. sewage sludge or biosolids that are applied to the land; andd. the land on which sewage sludge or biosolids are applied.2. The general requirements in Subsection C of this Section, the other requirements for bulk biosolids in Subsection F of this Section, the general management practices in Subsection D of this Section, and the other management practices for bulk biosolids in Subsection G of this Section do not apply when bulk Exceptional Quality biosolids, as defined in LAC 33:IX.7301.B, are applied to the land and the preparer has received and maintained a permit to prepare sewage sludge as Exceptional Quality biosolids in accordance with requirements in Subsection L of this Section.3. The administrative authority may apply any or all of the general requirements in Subsection C of this Section, the other requirements for bulk biosolids in Subsection F of this Section, the general management practices in Subsection D of this Section, and the other management practices for bulk biosolids in Subsection G of this Section to the bulk biosolids in Paragraph A.2 of this Section on a case-by-case basis after determining that any or all of the requirements or management practices are needed to protect human health and the environment from any reasonably anticipated adverse effect that may occur from the application of the bulk biosolids to the land.4. The general requirements in Subsection C of this Section and the general management practices in Subsection D of this Section do not apply if the biosolids sold or given away in a bag or other container are Exceptional Quality biosolids, as defined in LAC 33:IX.7301.B, and the preparer has received and maintained a permit to prepare sewage sludge as Exceptional Quality biosolids in accordance with the requirements in Subsection L of this Section.5. The administrative authority may apply any or all of the general requirements in Subsection C of this Section and the general management practices in Subsection D of this Section to the biosolids in Paragraph A.4 of this Section on a case-by-case basis after determining that the requirements or the management practices are needed to protect human health and the environment from any reasonably anticipated adverse effect that may occur from the application of the biosolids to the land.B. Special Definitions Agricultural Land- land on which a food crop, a feed crop, or a fiber crop is grown. This includes range land and land used as pasture.
Agronomic Rate-
a. the whole biosolids application rate (dry weight basis) designed:i. to provide the amount of nitrogen needed by the food crop, feed crop, fiber crop, cover crop, or vegetation grown on the land; andii. to minimize the amount of nitrogen in the biosolids that are not utilized by the crop or vegetation grown on the land and either passes below the root zone to the groundwater or gets into surface waters during storm events;b. agronomic rate may be extended to include phosphorus to application sites that are located within the drainage basin of water bodies that have been determined by the administrative authority to be impaired by phosphorus.Annual Pollutant Loading Rate-the maximum amount of a pollutant that can be applied to a unit area of land during a 365-day period.
Annual Whole Biosolids Application Rate-the maximum amount of biosolids (dry weight basis) that can be applied to a unit area of land during a 365-day period.
Cumulative Pollutant Loading Rate-the maximum amount of an inorganic pollutant that can be applied to an area of land.
Forest-a tract of land thick with trees and underbrush.
Monthly Average-the arithmetic mean of all measurements taken during the month.
Pasture-land on which animals feed directly on feed crops such as legumes, grasses, grain stubble, or stover.
Public Contact Site-land with a high potential for contact by the public. This includes, but is not limited to, public parks, ball fields, cemeteries, plant nurseries, turf farms, and golf courses.
Range Land-open land with indigenous vegetation.
Reclamation Site-drastically disturbed land that is reclaimed using biosolids. This includes, but is not limited to, strip mines and construction sites.
C. General Requirements 1. When a person who prepares sewage sludge provides the sewage sludge to another person who prepares the sewage sludge, the person who receives the sewage sludge shall comply with the requirements in this Chapter.2. The person who provides the sewage sludge shall provide the person who receives the sewage sludge with the following information: a. the name, mailing address, and location of the facility or facilities of the person providing the sewage sludge;b. the total dry metric tons being provided per 365-day period; andc. a description of any treatment processes occurring at the providing facility or facilities, including blending, composting, or mixing activities and the treatment to reduce pathogens and/or vector attraction reduction.3. No person shall apply biosolids to the land except in accordance with the requirements in this Chapter.4. Biosolids shall not be applied to the land until the site has been approved by the administrative authority with a finding that the land application site is a legitimate beneficial use site.D. General Management Practices 1. Land Application Restrictions a. Biosolids applied to agricultural land, forest, a public contact site, or a reclamation site shall only be applied at a whole biosolids application rate that is equal to or less than the agronomic rate for the biosolids, unless, in the case of a reclamation site, otherwise specified by the permitting authority.b. Biosolids shall be applied to the land in accordance with the slope requirements in Table 1 of LAC 33:IX.7303.D.c. Biosolids having a concentration of PCBs equal to or greater than 10 mg/kg of total solids (dry wt.) must be incorporated into the soil regardless of slope.2. Buffer Zones. When biosolids are applied to agricultural land, forest, or a reclamation site, buffer zones shall be established as follows for each application area, unless otherwise specified by the administrative authority. a. For all sites, the following buffer zone requirements apply: i. a private potable water supply well-300 feet, unless special permission is granted by the private potable water supply owner;ii. a public potable water supply well, surface water intake, treatment plant, or public potable water supply elevated or ground storage tank-300 feet, unless special permission is granted by the Department of Health and Hospitals; andiii. a property boundary-100 feet, unless special permission is granted by the property owner(s).b. For new or first-time-permitted sites, the following buffer zone requirements apply:i. an established institution, as defined in LAC 33:IX.7301.B-1,000 feet, unless special permission is granted by the responsible official of the established institution. The permission must be in the form of a notarized affidavit executed by the owner waiving the 1,000-foot buffer zone. However, in no case shall the application area be located less than 200 feet from an institution; andii. an occupied residential home or structure-500 feet, unless special permission is granted by the owner and/or lessee of the occupied residential home or structure. The permission must be in the form of a notarized affidavit executed by the owner and/or lessee waiving the 500-foot buffer zone. However, in no case shall land application of sewage sludge be conducted less than 200 feet from the occupied residential home or structure.3. Water Table Levels. Biosolids shall not be applied to agricultural land, forest, or a reclamation site during the months when the water table is less than or at 2 feet below the soil surface as indicated in the Parish Soil Surveys or the Water Features Data published by the Natural Resources Conservation Service (NRCS); or some form of monitoring device shall be provided to ensure that the annual high water table is greater than 2 feet below the soil surface.4. Nutrient Management Plan and Soil Sampling. The person who applies biosolids to agricultural or forest land shall: a. provide proof to the administrative authority that a full nutrient management plan has been developed for the agricultural or forest land where the biosolids are applied. The full nutrient management plan shall be developed by the Natural Resource Conservation Service, a certified soil scientist, a certified crop advisor, or a local LSU Agricultural Center Cooperative Extension Service agent; orb. sample the soil at the site or sites where biosolids are land-applied on an annual basis, or, if double cropping is practiced, prior to the planting of each crop, for the following parameters: i. total Kjeldahl nitrogen;5. Biosolids Sold or Given Away in a Bag or Other Containera. Biosolids sold or given away in a bag or other container shall not be applied to the land at a rate that would cause any of the annual pollutant loading rates in Table 4 of LAC 33:IX.7303.E to be exceeded.b. The permittee shall either affix a label to the bag or other container holding biosolids that are sold or given away for application to the land, or provide an information sheet to the person who receives biosolids sold or given away in a bag or other container for application to the land. The label or information sheet shall contain the following information: i. the information required in Clauses L.1.f.i-ix of this Section, and if the biosolids are compost, the information in Clauses L.1.g.i-vi of this Section; andii. the annual whole biosolids application rate that does not cause any of the annual pollutant loading rates in Table 4 of LAC 33:IX.7303.E to be exceeded. Table 1 of LAC 33:IX.7303.D |
Slope Limitations for Land Application of Biosolids |
Slope Percent | Application Restriction |
0-3 | None, except drainage to prevent standing water shall be provided. |
3-6 | A 100-foot vegetated runoff area should be provided at the down slope end of the application area if a liquid is applied. Measures should be taken to prevent erosion. |
6-12 | Liquid material must be injected into the soil. Solid material must be incorporated into the soil if the site is not covered with vegetation. A 100-foot vegetated runoff area is required at the down slope end of the application area for all applications. Measures must be taken to prevent erosion. Terracing may be required if deemed a necessity by the administrative authority to prevent runoff from the land application site and erosion. |
>12 | Unsuitable for application unless terraces are constructed and a 200-foot vegetated buffer area with a slope of less than 3 percent is provided at the down slope edge of the application area and the material is incorporated (solid material) and injected (liquid material) into the soil. Measures must be taken to prevent runoff from the land application site and to prevent erosion. |
E. Pollutant Limits 1. Sewage Sludge and Biosolids a. Bulk biosolids or biosolids sold or given away in a bag or other container shall not be applied to the land if the concentration of any pollutant in the biosolids exceeds the ceiling concentration for the pollutant in Table 1 of LAC 33:IX.7303.E.b. If bulk biosolids are applied to agricultural land, forest, a public contact site, or a reclamation site, either: i. the cumulative loading rate for each pollutant in the biosolids shall not exceed the cumulative pollutant loading rate for the pollutant in Table 2 of LAC 33:IX.7303.E; orii. the concentration of each pollutant in the biosolids shall not exceed the concentration for the pollutant in Table 3 of LAC 33:IX.7303.E.c. If biosolids are applied to a lawn or a home garden, the concentration of each pollutant in the biosolids shall not exceed the ceiling concentrations in Table 1 of LAC 33:IX.7303.E and the pollutant concentrations for each pollutant listed in Table 3 of LAC 33:IX.7303.E, and the concentration of PCBs must be less than 10 mg/kg of total solids (dry wt.).d. If biosolids are sold or given away in a bag or other container for application to the land, either: i. the concentration of each pollutant in the biosolids shall not exceed the ceiling concentration for the pollutant in Table 1 of LAC 33:IX.7303.E and the concentration for the pollutant in Table 3 of LAC 33:IX.7303.E, and the concentration of PCBs must be less than 10 mg/kg of total solids (dry wt.); orii. the product of the concentration of each pollutant in the biosolids and the annual whole biosolids application rate for the sewage sludge shall not cause the annual pollutant loading rate for the pollutant in Table 4 of LAC 33:IX.7303.E to be exceeded, and the concentration of PCBs must be less than 10 mg/kg of total solids (dry wt.). The procedure used to determine the annual whole biosolids application rate is presented in LAC 33:IX.7397.Appendix K.e. The administrative authority may require that the biosolids meet more stringent pollutant limits or limits for additional pollutants than those listed in the Tables of LAC 33:IX.7303.E on a case-by-case basis after determining that the more stringent pollutant limits or limits for additional pollutants are needed to protect human health and the environment from any reasonably anticipated adverse effect that may occur from the application of the biosolids to the land. 2. Pollutant Concentrations and Loading Rates-Biosolidsa. Ceiling Concentrations Table 1 of LAC 33:IX.7303.E |
Ceiling Concentrations |
Pollutant | Ceiling Concentration (milligrams per kilogram)1 |
Arsenic | 75 |
Cadmium | 85 |
Copper | 4300 |
Lead | 840 |
Mercury | 57 |
Molybdenum | 75 |
Nickel | 420 |
Selenium | 100 |
Zinc | 7500 |
1 Dry weight basis |
b. Cumulative Pollutant Loading Rates Table 2 of LAC 33:IX.7303.E |
Cumulative Pollutant Loading Rates |
Pollutant | Cumulative Pollutant Loading Rate (kilograms per hectare) |
Arsenic | 41 |
Cadmium | 39 |
Copper | 1500 |
Lead | 300 |
Mercury | 17 |
Nickel | 420 |
Selenium | 100 |
Zinc | 2800 |
c. Pollutant Concentrations Table 3 of LAC 33:IX.7303.E |
Pollutant Concentrations |
Pollutant | Monthly Average Concentration (milligrams per kilogram)1 |
Arsenic | 41 |
Cadmium | 39 |
Copper | 1500 |
Lead | 300 |
Mercury | 17 |
Nickel | 420 |
Selenium | 100 |
Zinc | 2800 |
1 Dry weight basis |
d. Annual Pollutant Loading Rates Table 4 of LAC 33:IX.7303.E |
Annual Pollutant Loading Rates |
Pollutant | Annual Pollutant Loading Rate (kilograms per hectare per 365-day period) |
Arsenic | 2.0 |
Cadmium | 1.9 |
Copper | 75 |
Lead | 15 |
Mercury | 0.85 |
Nickel | 21 |
Selenium | 5.0 |
Zinc | 140 |
F. Other Requirements for Bulk Biosolids 1. 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 biosolids with written notification of the concentration, on a dry weight basis, of total nitrogen, ammonia (as N), nitrates, potassium, and phosphorus in the bulk biosolids.2. When a person who prepares bulk sewage sludge provides the bulk biosolids to a person who applies the bulk biosolids to the land, the person who prepares the bulk sewage sludge shall provide the person who applies the bulk biosolids with notice and necessary information to comply with the requirements in this Chapter.3. The person who applies bulk biosolids to the land shall provide the owner or leaseholder of the land on which the bulk biosolids are applied with notice and necessary information to comply with the requirements in this Chapter.4. No person shall apply bulk biosolids subject to the cumulative pollutant loading rates in Table 2 of LAC 33:IX.7303.E to the land without first contacting the administrative authority to determine if bulk biosolids subject to the cumulative pollutant loading rates in Table 2 of LAC 33:IX.7303.E have been applied to the land since July 20, 1993.5. No person shall apply bulk biosolids subject to the cumulative pollutant loading rates in Table 2 of LAC 33:IX.7303.E to agricultural land, forest, a public contact site, or a reclamation site if any of the cumulative pollutant loading rates in Table 2 of LAC 33:IX.7303.E has been reached.6. If bulk biosolids have not been applied to a site since July 20, 1993, the cumulative amount for each pollutant listed in Table 2 of LAC 33:IX.7303.E may be applied to the site in accordance with Clause E.1.b.i of this Section.7. If bulk biosolids have been applied to the site since July 20, 1993, and the cumulative amount of each pollutant applied to the site in the bulk biosolids since that date 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 Clause E.1.b.i of this Section.8. If bulk biosolids have been applied to the site since July 20, 1993, and the cumulative amount of each pollutant applied to the site in the bulk biosolids since that date is not known, an additional amount of each pollutant shall not be applied to the site in accordance with Clause E.1.b.i of this Section.G. Other Management Practices for Bulk Biosolids 1. Bulk biosolids shall 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 or its designated critical habitat.2. Bulk biosolids shall 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 biosolids enter a wetland or other waters of the state, as defined in LAC 33:IX.2313, except as provided in a permit issued in accordance with Section 402 of the CWA or LAC 33:IX.Chapters 23-71.3. Bulk biosolids shall not be applied to agricultural land, forest, or a reclamation site that is 33 feet (10 meters) or less from any waters of the state, as defined in LAC 33:IX.2313, unless otherwise specified by the permitting authority.4. Bulk biosolids shall not be applied to the land if it would affect a property that either is listed on, or is eligible for listing on, the National Historic Register.H. Operational Standards- Pathogens and Vector Attraction Reduction 1. Pathogens a. The Exceptional Quality biosolids pathogen requirements in LAC 33:IX.7309.C.1 or the Class B pathogen requirements and site restrictions in LAC 33:IX.7309.C.2 shall be met when bulk biosolids are applied to agricultural land, forest, a public contact site, or a reclamation site.b. The Exceptional Quality biosolids pathogen requirements in LAC 33:IX.7309.C.1 shall be met when biosolids are applied to a lawn or a home garden.c. The Exceptional Quality biosolids pathogen requirements in LAC 33:IX.7309.C.1 shall be met when biosolids are sold or given away in a bag or other container for application to the land.2. Vector Attraction Reduction a. One of the vector attraction reduction requirements in LAC 33:IX.7309.D.2.a-g shall be met when bulk biosolids are applied to agricultural land, forest, a public contact site, or a reclamation site.b. One of the vector attraction reduction requirements in LAC 33:IX.7309.D.2.a-e shall be met when biosolids are applied to a lawn or a home garden.c. One of the vector attraction reduction requirements in LAC 33:IX.7309.D.2.a-e shall be met when biosolids are sold or given away in a bag or other container for application to the land.I. Frequency of Monitoring1. The frequency of monitoring for the pollutants listed in Table 1, Table 2, Table 3, and Table 4 of LAC 33:IX.7303.E; the frequency of monitoring for pathogen density requirements in LAC 33:IX.7309.C.1 and 2.b; and the frequency of monitoring for vector attraction reduction requirements in LAC 33:IX.7309.D.2.a-e shall be the frequency specified in Table 1 of LAC 33:IX.7303.I. Table 1 of LAC 33:IX.7303.I |
Frequency of Monitoring-Land Application |
Amount of Biosolids1 (metric tons per 365-day period) | Frequency |
Greater than zero but less than 290 | Once per year |
Equal to or greater than 290 but less than 1,500 | Once per quarter (four times per year) |
Equal to or greater than 1,500 but less than 15,000 | Once per 60 days (six times per year) |
Equal to or greater than 15,000 | Once per month (12 times per year) |
1 Either the amount of bulk biosolids applied to the land (on a dry weight basis) or the amount of biosolids that are bagged and sold or given away for application to the land (on a dry weight basis). |
2. After the biosolids have been monitored for two years at the frequency in Table 1 of LAC 33:IX.7303.I, the permitting authority may reduce the frequency of monitoring for pollutant concentrations and for the pathogen density requirements in LAC 33:IX.7309.C.1.e.ii and iii.J. Recordkeeping 1. All Class I sludge management facilities, as defined in LAC 33:IX.7301.B, that prepare sewage sludge shall keep a record of the following for a period of five years: a. annual production of sewage sludge (i.e., dry tons or dry metric tons);b. the sewage sludge management practice used;c. sampling results for hazardous characteristics; andd. sampling results for PCBs.2. Additional Recordkeepinga. The recordkeeping requirements for the person who prepares the sewage sludge or biosolids that are land applied and meet the criteria in Paragraphs A.2 and 4 of this Section are those indicated in Paragraph L.9 of this Section.b. For bulk biosolids that are applied to agricultural land, forest, a public contact site, or a reclamation site and that meet the pollutant concentrations in Table 3 of LAC 33:IX.7303.E, the Exceptional Quality biosolids pathogen requirements in LAC 33:IX.7309.C.1, and the vector attraction reduction requirements in either LAC 33:IX.7309.D.2.f or g: i. the person who prepares the bulk biosolids shall develop the following information and shall retain the information for five years: (a). the concentration of each pollutant listed in Table 3 of LAC 33:IX.7303.E;(b). a description of how the Exceptional Quality biosolids pathogen requirements in LAC 33:IX.7309.C.1 are met; and(c). the following certification statement: "I certify, under penalty of law, that the information that will be used to determine compliance with the Exceptional Quality biosolids pathogen requirements in LAC 33:IX.7309.C.1 was prepared under my direction and supervision in accordance with the system as described in the permit application, designed to ensure that qualified personnel properly gather and evaluate this information. I am aware that there are significant penalties for false certification including the possibility of fine and imprisonment."; and
ii. the person who applies the bulk biosolids to the land shall develop the following information and shall retain the information for five years: (a). a description of how the general management practices in Paragraphs D.1-4 of this Section and the other management practices for bulk biosolids in Subsection G of this Section are met for each site on which bulk biosolids are applied;(b). a description of how the vector attraction reduction requirements in either LAC 33:IX.7309.D.2.f or g are met for each site on which bulk biosolids are applied; and(c). the following certification statement: "I certify, under penalty of law, that the information that will be used to determine compliance with the general management practices in LAC 33:IX.7303.D.1-4, the other management practices for bulk biosolids in LAC 33:IX.7303.G, and the vector attraction reduction requirement in [insert either LAC 33:IX.7309.D.2.f or g] was prepared under my direction and supervision in accordance with the system as described in the permit application, designed to ensure that qualified personnel properly gather and evaluate this information. I am aware that there are significant penalties for false certification including the possibility of fine and imprisonment."
c. For bulk biosolids that are applied to agricultural land, forest, a public contact site, or a reclamation site and that meet the pollutant concentrations in Table 3 of LAC 33:IX.7303.E, the Class B pathogen requirements in LAC 33:IX.7309.C.2, and the vector attraction reduction requirements in LAC 33:IX.7309.D.2.a-g: i. the person who prepares the bulk biosolids shall develop the following information and shall retain the information for five years: (a). the concentration of each pollutant listed in Table 3 of LAC 33:IX.7303.E;(b). a description of how the Class B pathogen requirements in LAC 33:IX.7309.C.2 are met;(c). a description of how one of the vector attraction reduction requirements in LAC 33:IX.7309.D.2.a-g is met; and(d). the following certification statement: "I certify, under penalty of law, that the information that will be used to determine compliance with the Class B pathogen requirements in LAC 33:IX.7309.C.2 and the vector attraction reduction requirement in [insert one of the vector attraction reduction requirements in LAC 33:IX.7309.D.2.a-g ] was prepared under my direction and supervision in accordance with the system as described in the permit application, designed to ensure that qualified personnel properly gather and evaluate this information. I am aware that there are significant penalties for false certification including the possibility of fine and imprisonment."; and
ii. the person who applies the bulk biosolids to the land shall develop the following information and shall retain the information for five years:(a). a description of how the general management practices in Paragraphs D.1-4 of this Section and the other management practices for bulk biosolids in Subsection G of this Section are met for each land site on which bulk biosolids are applied;(b). a description of how the site restrictions in LAC 33:IX.7309.C.2.e are met for each land site on which bulk biosolids are applied;(c). when the vector attraction reduction requirement in either LAC 33:IX.7309.D.2.f or g is met, a description of how the requirement is met;(d). the date bulk biosolids are applied to each site; and(e). the following certification statement: "I certify, under penalty of law, that the information that will be used to determine compliance with the general management practices in LAC 33:IX.7303.D.1-4, the other management practices for bulk biosolids in LAC 33:IX.7303.G, the site restrictions in LAC 33:IX.7309.C.2.e, and the vector attraction reduction requirement in [insert either LAC 33:IX.7309.D.2.f or g] was prepared for each site on which bulk biosolids are applied under my direction and supervision in accordance with the system as described in the permit application, designed to ensure that qualified personnel properly gather and evaluate this information. I am aware that there are significant penalties for false certification including the possibility of fine and imprisonment."
d. For bulk biosolids applied to the land that is agricultural land, forest, a public contact site, or a reclamation site whose cumulative loading rate for each pollutant does not exceed the cumulative pollutant loading rate for each pollutant in Table 2 of LAC 33:IX.7303.E and that meet the Exceptional Quality biosolids or Class B pathogen requirements in LAC 33:IX.7309.C, and the vector attraction reduction requirements in LAC 33:IX.7309.D.2.a-g:i. the person who prepares the bulk biosolids shall develop the following information and shall retain the information for five years: (a). the concentration of each pollutant listed in Table 1 of LAC 33:IX.7303.E in the bulk biosolids;(b). a description of how the Exceptional Quality biosolids or Class B pathogen requirements in LAC 33:IX.7309.C are met;(c). a description of how one of the vector attraction reduction requirements in LAC 33:IX.7309.D.2.a- g is met; and(d). the following certification statement: "I certify, under penalty of law, that the information that will be used to determine compliance with the pathogen requirements in [insert either LAC 33:IX.7309.C.1 or 2] and the vector attraction reduction requirement in [insert one of the vector attraction reduction requirements in LAC 33:IX.7309.D.2.a-g ] was prepared under my direction and supervision in accordance with the system as described in the permit application, designed to ensure that qualified personnel properly gather and evaluate this information. I am aware that there are significant penalties for false certification including the possibility of fine and imprisonment."; and
ii. the person who applies the bulk biosolids to the land shall develop the following information, retain the information in Subclauses J.2.d.ii.(a)-(g) of this Section indefinitely, and retain the information in Subclauses J.2.d.ii.(h)-(m) of this Section for five years: (a). the location, by either street address or latitude and longitude, of each land site on which bulk biosolids are applied;(b). the number of hectares or acres in each site on which bulk biosolids are applied;(c). the date bulk biosolids are applied to each land site;(d). the cumulative amount of each pollutant (i.e., kilograms) listed in Table 2 of LAC 33:IX.7303.E in the bulk biosolids applied to each land site, including the amount in Paragraph F.7 of this Section;(e). the amount of biosolids (i.e., tons or metric tons) applied to each land site;(f). a description of how the information was obtained in order to comply with Subsection F of this Section;(g). the following certification statement: "I certify, under penalty of law, that the information that will be used to determine compliance with the requirements in LAC 33:IX.7303.F was prepared for each land site on which bulk biosolids were applied under my direction and supervision in accordance with the system as described in the permit application, designed to ensure that qualified personnel properly gather and evaluate this information. I am aware that there are significant penalties for false certification including the possibility of fine and imprisonment.";
(h). a description of how the general management practices in Paragraphs D.1-4 of this Section and the other management practices for bulk biosolids in Subsection G of this Section are met for each land site on which bulk biosolids are applied;(i). the following certification statement: "I certify, under penalty of law, that the information that will be used to determine compliance with the general management practices in LAC 33:IX.7303.D.1-4 and the other management practices for bulk biosolids in LAC 33:IX.7303.G was prepared for each land site on which bulk biosolids were applied under my direction and supervision in accordance with the system as described in the permit application, designed to ensure that qualified personnel properly gather and evaluate this information. I am aware that there are significant penalties for false certification including the possibility of fine and imprisonment.";
(j). a description of how the site restrictions in LAC 33:IX.7309.C.2.e are met for each land site on which Class B bulk biosolids are applied;(k). the following certification statement when the bulk biosolids meet the Class B pathogen requirements in LAC 33:IX.7309.C.2: "I certify, under penalty of law, that the information that will be used to determine compliance with the site restrictions in LAC 33:IX.7309.C.2.e for each land site on which Class B biosolids were applied was prepared under my direction and supervision in accordance with the system as described in the permit application, designed to ensure that qualified personnel properly gather and evaluate this information. I am aware that there are significant penalties for false certification including the possibility of fine and imprisonment.";
(l). if the vector attraction reduction requirements in either LAC 33:IX.7309.D.2.f or g are met, a description of how the requirements are met; and(m). the following certification statement when the vector attraction reduction requirement in either LAC 33:IX.7309.D.2.f or g is met: "I certify, under penalty of law, that the information that will be used to determine compliance with the vector attraction reduction requirement in [insert either LAC 33:IX.7309.D.2.f or g] was prepared under my direction and supervision in accordance with the system as described in the permit application, designed to ensure that qualified personnel properly gather and evaluate this information. I am aware that there are significant penalties for false certification including the possibility of fine and imprisonment."
e. For biosolids sold or given away in a bag or other container for application to the land meeting the requirement at Clause E.1.d.ii of this Section, the Exceptional Quality biosolids pathogen requirements at LAC 33:IX.7309.C.1, and the vector attraction reduction requirements in LAC 33:IX.7309.D.2.a-e:i. the person who prepares the biosolids that are sold or given away in a bag or other container shall develop the following information and shall retain the information for five years: (a). the annual whole biosolids application rate for the biosolids that does not cause the annual pollutant loading rates in Table 4 of LAC 33:IX.7303.E to be exceeded;(b). the concentration of each pollutant listed in Table 4 of LAC 33:IX.7303.E in the biosolids;(c). a description of how the Exceptional Quality biosolids pathogen requirements in LAC 33:IX.7309.C.1 are met;(d). a description of how one of the vector attraction reduction requirements in LAC 33:IX.7309.D.2.a-e i s met;(e). a description of how the general management practice in Subparagraph D.5.b of this Section was met; and(f). the following certification statement: "I certify, under penalty of law, that the information that will be used to determine compliance with the general management practice in LAC 33:IX.7303.D.5.b, the Exceptional Quality biosolids pathogen requirements in LAC 33:IX.7309.C.1, and the vector attraction reduction requirement in [insert one of the vector attraction reduction requirements in LAC 33:IX.7309.D.2.a-e ] was prepared under my direction and supervision in accordance with the system as described in the permit application, designed to ensure that qualified personnel properly gather and evaluate this information. I am aware that there are significant penalties for false certification including the possibility of fine and imprisonment."; and
ii. the person who applies the biosolids that are given away or sold in a bag or other container to the land that is agricultural land, forest, a public contact site, or a reclamation area shall develop the following information and shall retain the information for five years: (a). a description of how the general management practices in Paragraphs D.1-4 and Subparagraph D.5.a of this Section are met for each site on which the biosolids given away or sold in a bag or other container are applied; and(b). the following certification statement: "I certify, under penalty of law, that the information that will be used to determine compliance with the general management practices in LAC 33:IX.7303.D.1-4 and D.5.a was prepared for each site on which biosolids given away or sold in a bag or other container are applied under my direction and supervision in accordance with the system as described in the permit application, designed to ensure that qualified personnel properly gather and evaluate this information. I am aware that there are significant penalties for false certification including fine and imprisonment."
K. Reporting 1. All Class I sludge management facilities, as defined in LAC 33:IX.7301.B, that prepare sewage sludge shall submit the information in Paragraph J.1 of this Section to the administrative authority on or before February 19 of each year.2. Additional Reporting Requirements a. Reporting requirements for a person who prepares Exceptional Quality biosolids, as defined in LAC 33:IX.7301.B, from sewage sludge, having a permit to do so, are as indicated in Paragraph L.10of this Section.b. All other Class I sludge management facilities, as defined in LAC 33:IX.7301.B, that apply bulk biosolids to the land and are required to obtain a permit under LAC 33:IX.7301.D, shall submit the information in Paragraph J.2 of this Section, for the appropriate requirements, to the administrative authority as follows. i. For facilities having a frequency of monitoring in Table 1 of LAC 33:IX.7303.I of once per year, the reporting period and the report due date shall be as specified in Table 1 of LAC 33:IX.7303.K. Table 1 of LAC 33:IX.7303.K |
Reporting-Land Application |
Monitoring Period (Once per Year) | Report Due Date |
January - December | February 19 |
ii. For facilities having a frequency of monitoring in Table 1 of LAC 33:IX.7303.I of once per quarter (four times per year), the reporting period and the report due date shall be as specified in Table 2 of LAC 33:IX.7303.K. Table 2 of LAC 33:IX.7303.K |
Reporting-Land Application |
Monitoring Period1 (Once per Quarter) | Report Due Date |
January, February, March | August 19 |
April, May, June |
July, August, September | February 19 |
October, November, December |
1 Separate reports must be submitted for each monitoring period. |
iii. For facilities having a frequency of monitoring in Table 1 of LAC 33:IX.7303.I of once per 60 days (six times per year), the reporting period and the report due date shall be as specified in Table 3 of LAC 33:IX.7303.K. Table 3 of LAC 33:IX.7303.K |
Reporting-Land Application |
Monitoring Period1 (Once per 60 Days) | Report Due Date |
January, February | June 19 |
March, April |
May, June | October 19 |
July, August |
September, October | February 19 |
November, December |
1 Separate reports must be submitted for each monitoring period. |
iv. For facilities having a frequency of monitoring in Table 1 of LAC 33:IX.7303.I of once per month (12 times per year), the reporting period and the report due date shall be as specified in Table 4 of LAC 33:IX.7303.K. Table 4 of LAC 33:IX.7303.K |
Reporting-Land Application |
Monitoring Period1 (Once per Month) | Report Due Date |
January | May 19 |
February |
March |
April | August 19 |
May |
June |
July | November 19 |
August |
September |
October | February 19 |
November |
December |
1 Separate reports must be submitted for each monitoring period. |
3. The administrative authority may require any facility indicated in Subparagraph K.2.a of this Section to report any or all of the information required in Subparagraph K.2.b of this Section if deemed necessary for the protection of human health or the environment.L. Requirements for Persons Who Prepare Sewage Sludge as Exceptional Quality Biosolids 1. A person who prepares sewage sludge as Exceptional Quality biosolids must prepare the sewage sludge in a manner that will assure that the sewage sludge meets all of the requirements of Exceptional Quality biosolids, as defined in LAC 33:IX.7301.B, and shall forward to the administrative authority a sewage sludge and biosolids use or disposal permit application form having the following information: a. the laboratory analysis of the metals in Tables 1 and 3 of LAC 33:IX.7303.E;b. the laboratory analysis for percent dry solids, percent ammonia nitrogen, percent nitrate, percent nitrite, percent nitrogen, percent phosphorus, percent potassium, and percent organic matter and, if the sewage sludge or biosolids underwent or were subjected to any type of alkaline stabilization and/or alkaline treatment, the pH of the sewage sludge or biosolids ;c. the laboratory results for polychlorinated biphenyls (PCBs);d. the Exceptional Quality biosolids pathogen requirement in LAC 33:IX.7309.C.1 that will be utilized;e. the vector attraction reduction requirement in LAC 33:IX.7309.D.2.a-e that will be utilized;f. an example of the label or information sheet that will accompany biosolids that are sold or given away either in bulk or in a bag, containing the following information: i. the name and address of the preparer;ii. the concentration (by volume) of each metal in Table 3 of LAC 33:IX.7303.E;iv. percent ammonia nitrogen;viii. the concentration of PCBs in mg/kg of total solids (dry wt.); andix. application instructions and a statement that application of the biosolids to the land is prohibited except in accordance with the instructions on the label or information sheet; andg. i n addition to the label requirements in Clauses L.1.f.i-ix of this Section, an example of the label that must accompany all compost sold or given away either in bulk or in a bag or other container, having the following information: ii. water holding capacity;iii. bulk density (lbs/yd3);vi. percent organic matter content.2. The administrative authority may require that the biosolids meet more stringent pollutant limits, or limits for additional pollutants than those listed in Subparagraphs L.1.a-e of this Section, on a case-by-case basis after determining that the more stringent pollutant limits or limits for additional pollutants are needed to protect human health and the environment from any reasonably-anticipated adverse effect that may occur from the application of the biosolids to the land.3. Samples required to be collected in accordance with Subparagraphs L1.a-c of this Section shall be from at least four representative samplings of the biosolids taken at least 60 days apart within the 12 months prior to the date of the submittal of the sewage sludge and biosolids use or disposal permit application form.4. All permits issued to persons who prepare sewage sludge as Exceptional Quality biosolids shall have a term of not more than five years.5. For the term of the permit, the preparer of the biosolids shall conduct continued sampling at a frequency of monitoring indicated in Table 1 of LAC 33:IX.7303.L. The samples shall be analyzed for the parameters specified in Subparagraphs L.1.a-c of this Section, and for the pathogen and vector attraction reduction requirements in Subparagraphs L.1.d and e of this Section, as required by LAC 33:IX.7309. Table 1 of LAC 33:IX.7303.L |
Frequency of Monitoring-Exceptional Quality Biosolids |
Amount of Biosolids1 (metric tons per 365-day period) | Frequency |
Greater than zero but less than 15,000 | Once per quarter (four times per year) |
Equal to or greater than 15,000 | Once per month (12 times per year) |
1 The amount of biosolids sold or given away either in bulk or in a bag or other container. |
6. If results of the sampling indicate that the biosolids are no longer Exceptional Quality biosolids, as defined in LAC 33:IX.7301.B, then the preparer must cease any land application of the biosolids as Exceptional Quality biosolids.7. If biosolids that are no longer Exceptional Quality biosolids are used or disposed, the exemption for Exceptional Quality biosolids no longer applies, and the biosolids must meet all the requirements and restrictions of this Chapter that apply to biosolids that are no longer Exceptional Quality biosolids.8. Biosolids shall not be applied to the land as Exceptional Quality biosolids until the sample analyses have shown that the biosolids meet the criteria for Exceptional Quality biosolids, as defined in LAC 33:IX.7301.B.9. The person who prepares the biosolids shall develop the following information and shall retain the information for five years: a. the results of the sample analysis required in Paragraph L.5 of this Section; andb. the following certification statement: "I certify, under penalty of law, that the information that will be used to determine compliance with the Exceptional Quality biosolids pathogen requirements in LAC 33:IX.7309.C.1 and the vector attraction reduction requirement in [insert one of the vector attraction reduction requirements in LAC 33:IX.7309.D.2.a-e] was prepared under my direction and supervision in accordance with the system as described in the permit application, designed to ensure that qualified personnel properly gather and evaluate this information. I am aware that there are significant penalties for false certification including the possibility of fine and imprisonment."
10. The person who prepares Exceptional Quality biosolids shall forward the information required in Paragraph L.9 of this Section to the administrative authority as follows. a. For facilities having a frequency of monitoring in Table 1 of LAC 33:IX.7303.L of once per quarter (four times per year), the reporting periods and the report due dates shall be as specified in Table 2 of LAC 33:IX.7303.L. Table 2 of LAC 33:IX.7303.L |
Reporting-Exceptional Quality Biosolids |
Monitoring Period1 (Once per Quarter) | Report Due Date |
January, February, March | August 19 |
April, May, June |
July, August, September | February 19 |
October, November, December |
1 Separate reports must be submitted for each monitoring period. |
b. For facilities having a frequency of monitoring in Table 1 of LAC 33:IX.7303.L of once per month (12 times per year), the reporting periods and the report due dates shall be as specified in Table 3 of LAC 33:IX.7303.L. Table 3 of LAC 33:IX.7303.L |
Reporting-Exceptional Quality Biosolids |
Monitoring Period1 (Once per Month) | Report Due Date |
January | May 19 |
February |
March |
April | August 19 |
May |
June |
July | November 19 |
August |
September |
October | February 19 |
November |
December |
1 Separate reports must be submitted for each monitoring period. |
M. Any person subject to these regulations who prepares sewage sludge may petition the administrative authority to allow the land application of sewage sludge that is mixed with grease that was pumped or removed from a food service facility.1. The administrative authority may grant temporary approval, for a period not to exceed one year, for the land application of sewage sludge that is mixed with grease that was pumped or removed from a food service facility, along with the appropriate monitoring, sampling and analysis, recordkeeping, and reporting requirements, when petitions for such are deemed appropriate after consideration of the factors enumerated in Paragraph M.2 of this Section as well as any other pertinent factors.2. Each petition for the allowance of land application of sewage sludge that is mixed with grease that was pumped or removed from a food service facility shall: a. be submitted in writing to the administrative authority;b. be accompanied by evidence of public notice in the state journal and in the local journal; andc. contain the following information:i. documentation to prove that the preparation or treatment process will be the composting process to further reduce pathogens described in LAC 33:IX.7399.Appendix L;ii. documentation to prove that the facility owner/operator has successfully completed a department-approved composting facility operator training course; andiii. documentation to satisfy the requirements in Subsection L of this Section and LAC 33:IX.7305 and 7307.3. If the owner/operator wishes to continue operation of the compost facility, he or she shall submit to the administrative authority a completed sewage sludge and biosolids use or disposal permit application form at least 180 days prior to the expiration date of the approval. The decision to grant or deny a permit for continuation of the compost operation shall be based on the information provided in the permit application, the monitoring and sampling and analysis results submitted during the one-year approval period, and any comments or other information received during the standard permit public notice period.N. Procedure for the Addition or Removal of Land Application Sites 1. If a person who possesses a sewage sludge and biosolids use or disposal permit wishes to add a land application site or sites to the permit, the person shall submit a request package to the administrative authority at least 180 days prior to the anticipated date by which authorization is needed containing the following information: a. evidence of notification of the landowners bordering the proposed land application site or sites. The notification shall be in the form of a public notice placed in the local newspaper being circulated in the area of the proposed site or sites, certified letters of notification that were either hand delivered or mailed to the landowners bordering the proposed site or sites, or signed agreements of the landowners bordering the proposed site or sites to application of biosolids to the site or sites;b. signed agreement(s) to the application of biosolids from the landowner(s) of the proposed site or sites; andc. a completed sewage sludge and biosolids use or disposal permit application form.2. If a person who possesses a sewage sludge and biosolids use or disposal permit wishes to remove a land application site or sites from the permit, the person shall submit a request package to the administrative authority at least 90 days prior to the removal of the site or sites containing the following information: a. aerial photographs showing the location of the land application site or sites that are being proposed to be removed;b. certification that all biosolids that were stored at the site or sites have either been land applied in accordance with the permit requirements or totally removed and used at another site in accordance with the permit requirements or removed and disposed at a permitted landfill; andc. signed agreements from the landowner(s) of the site or sites for the site or sites to be removed from the land application of biosolids.3. After receipt and review of the request package required in Paragraph N.1 of this Section for the addition of a land application site or sites or the request package required in Paragraph N.2 of this Section for the removal of a land application site or sites, a decision shall be rendered by the administrative authority regarding the request.La. Admin. Code tit. 33, § IX-7303
Promulgated by the Department of Environmental Quality, Office of Environmental Assessment, Environmental Planning Division, LR 28:785 (April 2002), repromulgated LR 30:233 (February 2004), amended by the Office of the Secretary, Legal Affairs Division, LR 33:2374 (November 2007), LR 35:929 (May 2009), LR 37:2994 (October 2011).AUTHORITY NOTE: Promulgated in accordance with R.S. 30:2074(B)(1)(c) and (B)(3)(e).