Current through Register Vol. XLI, No. 50, December 13, 2024
Section 33-2-3 - Standards for Use, Disposal and Processing of Sewage Sludge3.1. Incorporation of Federal Regulations. -- Federal regulations 40 CFR 503, excluding sections 503.10(b)(1) and 503.20 through 503.29 inclusive, in effect on the effective date this rule, are hereby fully incorporated and implemented as a part of this rule promulgated under the authority of W. Va. Code § 22-15-20. Provided, That in instances where similar provisions exist, the more stringent requirements (state or federal) shall apply.3.2. Sewage Sludge Land Application Siting Restrictions and Location Standards. 3.2.a. Except as provided in subsection 3.2.b of this rule, sewage sludge shall not be applied to land that meets any of the following conditions: 3.2.a.1. Land that is frozen, snow-covered, or known to be flooded on a regular basis unless the applicant can demonstrate to the director that the land application will not cause runoff into streams or wetlands. 3.2.a.2. Land within fifty (50) feet of surface water to include streams, springs, ponds, wetlands, or other collection points for surface water. 3.2.a.3. Land within two hundred (200) feet of drinking water supply wells or other personal water supply. 3.2.a.4. Land within two hundred (200) feet of an occupied dwelling. 3.2.a.5. Land within fifty (50) feet of a federal or state highway. 3.2.a.6. Land within one hundred (100) feet of an adjacent property owner's property line.3.2.a.7. Land from which drainage leads into a sinkhole. 3.2.a.8. Land that has been tested and determined to have a pH of less than 6.2, unless the pH is adjusted to 6.2 or greater. 3.2.a.9. Land that has a slope greater than 15%. 3.2.a.10. Land that has a seasonal high groundwater table less than 2 feet from the surface. 3.2.a.11. Land that has less than 6 inches of soil over bedrock or an impervious pan. 3.2.a.12. Land containing soil with surface permeability of less than 0.6 inches/hour or greater than 6 inches/hour. 3.2.a.13. Other land determined by the director to be unsuitable for application of sewage sludge. 3.2.a.14. The prohibitions of 3.2.a.4, 5, 6, 8, 9, 11 and 12 may be waived by the Division in any land application permit for exceptional quality compost upon a showing by the applicant that the application of exceptional quality compost will not cause significant environmental impact. The applicant shall include in writing the justification for such request in its application for a land application permit. 3.2.b. Sewage sludge products which meet the Table 1 metals limits of this rule, and which have been treated to achieve Class A pathogen reduction requirements in accordance with 40 CFR 503.32(a) and one of the vector attraction reduction requirements in 40 CFR 503.33(b)1 through(b)8, and which are sold or given away in a bag or other container and exceptional quality compost which is land applied in accordance with 4.1.c.3 of this rule, are not subject to the requirements of 3.2.a.1 through 3.2.a.12 of this rule, except that these sewage sludge products shall not be applied to land that meets the any of the following conditions: 3.2.b.1. Land within 50 feet of any surface water, or surface water collection point.3.2.b.2. Land with a slope greater than 15%. 3.2.b.3. Land from which drainage leads to a sinkhole. 3.2.c. No person or entity shall be allowed to apply sewage sludge to land in a manner that will result in exceeding the maximum soil concentration for arsenic, cadmium, chromium, copper, lead, mercury, molybdenum, nickel, selenium, or zinc, as listed in Table 3 of this rule and the soil testing requirements of this rule. The director is authorized to issue variances to this subdivision to allow land application to soils where the background levels of metals in the soil exceed the maximum soil concentrations of metals listed in Table 3: Provided, that the sewage sludge analyses, soil analyses, and pollutant loss rates from erosion, leaching, and volatilization demonstrate that the land application of the sewage sludge, at a loading rate prescribed by the director, will not cause additional net accumulation of any metal in the soil already exceeding the maximum soil concentration listed in Table 3. Any such variance issued by the director shall contain a requirement to annually monitor the soil concentration of each metal exceeding the Table 3 limit for as long as the site is utilized for the land application of sewage sludge or sewage sludge products. 3.2.c.1. Analytical methods in SW-846 shall be used to analyze all soil metals samples required by this rule.3.2.c.2. The director shall assign an individual and lifetime loading rate for each land application site for which a permit is required pursuant to 4.1.c of this rule by considering background soil concentrations and maximum allowable pollutant concentrations as per Table 1 and per Table 3 of this rule. New soil analyses for those metals listed in Table 3 shall be required at each land application site whenever the site has received for land application fifty percent of the assigned lifetime loading rate. 3.2.c.3. If circumstances at sewage sludge processing facilities result in short term excursions of Table 1 criteria, written notification must be given to the Chief of the Office of Water Resources within five days of the determination of any such excursions. A written plan to identify and correct the problem must be submitted for the facility within sixty days. The director may develop temporary loading rates, for a period not to exceed one year, based on the provisional limitations of Table 2 of this rule and on results from monthly sewage sludge and wastewater samples taken at the facility.3.2.d. No person shall be allowed to land apply so much sewage sludge as to exceed the agronomic rate for that land or a rate of fifteen dry tons per acre per year, whichever is less: Provided, That up to twenty-five dry tons per acre per year may be applied in the reclamation of surface mine land. 3.2.e. No person shall be allowed to store sewage sludge at a land application site for a period longer than one week; except storage shall be allowed for no longer than three months where provisions, approved by the chief of the Office of Water Resources of the Division, have been made to prevent leachate runoff into surface or groundwater. Septage storage shall only be allowed in-tank and for no more than three days, or as otherwise authorized by the chief of the Office of Water Resources of the Division.3.2.f. No person shall be allowed to land apply sludge except during the hours of daylight. 3.2.g. Exceptional quality compost may be stored at a distributor=s property that is not a land application site or sewage sludge processing facility for a period of up to three months. Upon written request by the distributor and with the approval of the Division, the exceptional quality compost may be stored on the distributor's property for an additional three months. These time limitations for storage do not apply to exceptional quality compost contained in a bag or other container which is closed, and are in addition to and shall not affect the time limitations for storage in 3.2.e and 3.3.a.1 of this rule. 3.3. Sewage Sludge Processing Facility Operational and Design Requirements. 3.3.a. Sewage sludge processing facilities must adhere to the following requirements: 3.3.a.1. Areas used for processing, curing and storage of raw materials, intermediate and final products, loading and unloading areas, impoundments, pipelines, ditches, pumps and drums, sumps and tanks, must be designed, constructed and operated to prevent release of contaminants to the groundwater and surface water. Storage of finished products from the facility shall be limited to one year. 3.3.a.2. The facility must be designed and operated to control vectors and odors. 3.3.a.3. The facility must not be operated or constructed within the one hundred year flood plain unless provisions have been made to prevent the encroachment of flood waters upon the facility. 3.3.a.4. All land areas within the boundaries of a sewage sludge processing facility upon which sewage sludge, intermediate or final products come in direct contact with the land surface must be protected in accordance with the Groundwater Protection Act, W. Va. Code '22-12-1 et seq., and the rules promulgated thereunder, including 46 CSR 12, 46 CSR 58, and 46 CSR 59. 3.3.b. Any person operating a sewage sludge processing facility shall conduct off-site odor monitoring. The frequency of odor monitoring shall be quarterly or as otherwise specified by the director. The Barnebey-Cheney scentometer or other instrument, device or technique designated by the director may be used as a guide in the enforcement of this rule and may used in the determination of the objectionability of an odor. 3.3.b.1. When an odor is determined to be objectionable and repetitious by the director, the director may require the facility to conduct related studies within a specified time period. These studies may include, but are not limited to, sampling and analysis to identify the specific chemical compound(s) which are causing the objectionable odor, analysis of samples by odor panels, air dispersion modeling studies, and evaluation of applicable odor control devices and odor control programs. 3.4. Leachate Management Requirements. 3.4.a. Any liquid which comes in contact with sewage sludge at a sewage sludge processing facility must be handled as leachate and is subject to the requirements of W. Va. Code §22-11 and 12, and the rules promulgated thereunder. 3.5. Storm Water Requirements. 3.5.a. Storm water drainage must be directed around and away from the operating area. All storm water must be collected and discharged in compliance with State Water Quality Standards and the permit issued by the Office of Water Resources of the Division.3.6. Landfill Disposal of Sewage Sludge. 3.6.a. Sewage sludge disposed in a landfill shall contain at least twenty percent (20%) solids by weight. This requirement may be met by adding or blending sand, sawdust, lime, soil, or other materials that have been approved by the director prior to disposal. Alternative sludge disposal methods can be utilized upon obtaining prior written approval from the chief. 3.6.b. Sewage sludge may not represent more than twenty-five percent (25%) by weight of the total weight of waste disposed of at the landfill on any working day. 3.6.c. No facility may accept for landfilling in any month sewage sludge in excess of twenty-five percent (25%) of the total tons of solid waste accepted at the facility for landfilling in the preceding month. 3.6.d. Sewage sludge shall not be used as daily cover by a landfill. 3.7. Exceptional Quality Compost. -- No person shall sell or give away exceptional quality compost in quantities exceeding one metric ton unless the following requirements are met. 3.7.a. Any person who composts sewage sludge shall notify the Division in writing of their intent to distribute exceptional quality compost in quantities exceeding one metric ton at least 30 days prior to the initial distribution in this state. 3.7.b. Any person who composts sewage sludge shall maintain distribution records for exceptional quality compost, including the name and address of each person receiving bulk quantities of exceptional quality compost in excess of one metric ton; the quantity of exceptional quality compost received by each person; and the results of all tests conducted as part of their monitoring program. 3.7.c. The information required under Subdivision 3.7.b of this rule shall be reported to the Division on a monthly basis. 3.7.d. The person who composts sewage sludge shall prepare a written certification that he has complied with the requirements of 3.7.a, 3.7.b, and 3.7.c of this rule and shall provide such certification to any person to whom he distributes exceptional quality compost in quantities exceeding one metric ton and to the division in the monthly report required by subdivision 3.7.c. 3.7.e. No person shall land apply or further distribute exceptional quality compost in quantities exceeding one metric ton unless a certification has been issued in accordance with 3.7.d herein.3.7.f. Exceptional quality compost sold or given away in a bag or other container shall not be subject to the requirements of this subsection 3.7.