W. Va. Code R. § 33-2-4

Current through Register Vol. XLI, No. 50, December 13, 2024

Section 33-2-4 - Permits Required

4.1. Applicability.

4.1.a. No person may construct or operate a sewage sludge processing facility (including mixed waste composting facilities which utilize sewage sludge) or a commercial solid waste facility which processes or handles sewage sludge or materials derived from sewage sludge without first obtaining a solid waste facility permit.

4.1.b. On and after the effective date of this rule, all permitted facilities shall submit an application to modify such permit.

4.1.c. Except as provided in 4.1.c.1, 4.1.c.2 and 4.1.c.3 of this rule, no person may land apply sewage sludge without first obtaining a land application permit: Provided, That land application permit requirements may be incorporated into a modification of a facility's WV/NPDES permit required under W Va. Code '22-11-1 et seq.

4.1.c.1. A land application permit is not required for 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;

4.1.c.2. Any person who land applies bulk 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, is not required to obtain a land application permit for sites where such products are applied on agricultural land less than two acres in size and the annual quantity of sludge product applied to that site does not exceed two dry tons per acre, except that those products derived from domestic septage shall not be exempt from permitting requirements. This exemption from permitting does not apply to multiple sites on the same parcel of land, and does not exempt sewage sludge processing facilities from any other permitting or reporting requirements of this rule or of the Sewage Sludge Management Act, W. Va. Code '22-15-20.

4.1.c.3. Any person who land applies exceptional quality compost is not required to obtain a land application permit for sites where such compost is applied on land two acres or less in size and the quantity of exceptional quality compost applied to that site does not exceed the agronomic rate for the land or a rate of fifteen dry tons per acre, whichever is less. This exemption from permitting does not apply to multiple sites on the same parcel of land and does not exempt sewage sludge processing facilities from any other permitting or reporting requirements of this rule or of the Sewage Sludge Management Act, W. Va. Code '22-15-20.

4.1.c.4. The Division may on a site-by-site basis prohibit the land application of exceptional quality compost in bulk quantities in excess of one metric ton without a permit, when such land application results in a nuisance, causes objectionable odors or otherwise may cause harm to the environment. Under such circumstances, the Division may require the person to apply for a land application permit in accordance with subdivision 4.2.c of this rule, and take such other actions deemed necessary to address the problems created at the land application site.

4.1.d. For those publicly owned treatment works (POTW's) or privately owned treatment works which produce sewage sludge and are regulated by the Division pursuant to a water pollution control permit, including a West Virginia national pollutant discharge elimination system WV/NPDES permit required under W. Va. Code § 22-11-1 et seq., a sewage sludge processing facility modification will be obtained by the applicant as a part of the existing WV/NPDES permit and shall include a sewage sludge management plan approved by the director. Upon approval by the director, POTWs may accept sewage sludge from other publicly or privately owned treatment works on a cost-sharing or non-profit basis under its WV/NPDES permit without being considered a commercial solid waste facility.

4.1.e. Facilities which are surface disposal sites as defined in 40CFR503, Subpart C, are hereby defined as "landfills" and must meet all requirements of 33CSR1 applicable to landfills.

4.1.f. Permits issued under subdivision 4.1.a of this rule, shall be subject to the provisions of 33CSR1, section 3 (excluding the provisions for liner requirements) and the closure requirements of 33CSR1, section 6.

4.1.g. Permits issued under subdivision 4.1.d. of this rule, shall be subject to the permit issuance procedures, procedures for permit modifications, suspension and revocation, procedures for transfer of permits, and the procedures for permit appeals of 47CSR10 but are not subject to the procedures outlined in subdivisions 4.1.e, 4.1.f and 4.1.h of this rule.

4.1.h. Permits issued under subdivision 4.1.e of this rule, shall be subject to the procedures of 33CSR1 section 3 and the closure requirements of 33CSR1 section 6.

4.1.i. Permits issued under subdivision 4.1.c of this rule except for land application modifications made in WV/NPDES permits under subdivision 4.1.d of this rule shall be subject to the permit issuance procedures (subsections 3.17 through 3.29 inclusive) of 33CSR1 and are not subject to the procedures outlined in subdivisions 4.1.e, 4.1.f and 4.1.g of this rule.

4.2. General, Processing Facility, and Land Application Permit Application Requirements. -- Persons required to obtain a permit pursuant to this rule must provide the following information, in the form and manner prescribed by the chief of the Office of Waste Management or the Office of Water Resources of the Division as appropriate. The form may require information in addition to that required by this subsection.

4.2.a. Permit Application General Requirements. -- All applicants must provide the following information:

4.2.a.1. The name, address, and location of the facility;

4.2.a.2. A description of the activities conducted or to be conducted by the applicant;

4.2.a.3. The operator's and owner's name, address, telephone number, ownership status, and status as a federal, state, private, public or other entity;

4.2.a.4. Other environmental permits issued by any local, state or federal agency;

4.2.a.5. A description of the specific source(s) of sewage sludge;

4.2.a.6. The amount of sewage sludge actually generated, processed, land applied, or disposed;

4.2.a.7. The content of heavy metals, pathogens, toxins or vectors and moisture (percent solids) present in the sewage sludge;

4.2.a.8. Each location that the sewage sludge is stored, land applied or otherwise disposed of; the amount so stored, land applied or otherwise disposed of; and the capacity of that location to accept sewage sludge;

4.2.a.9. Information relative to the quality of the sewage sludge(s) or product(s) derived from sewage sludge as required by 40CFR503, and

4.2.a.10. A detailed design and a description of the method used to collect and control leachate and surface water runoff, including the method for treatment and disposal of leachate generated.

4.2.b. Sewage Sludge Processing Facility Permit Application Requirements. -- All applicants for permits for sewage sludge processing facilities, except facilities located at the site where sewage sludge is generated, must submit the following additional information:

4.2.b.1. An engineering report to construct a sewage sludge processing facility must contain, at a minimum, the following:

4.2.b.1.A. A regional map, or maps, (of appropriate scale) that delineate the entire service area of the proposed facility; existing and proposed collection, processing, and disposal operations; the location of the closest population centers; and the transportation systems including highways, airports, railways and waterways;

4.2.b.1.B. A vicinity map (minimum scale of 1"=2000') that delineates the area within one mile of the facility boundaries, zoning and land use, residences, potable water supplies, surface waters, access roads, bridges, railroads, airports, historic sites, and other existing and proposed man-made or natural features relating to the project;

4.2.b.1.C. A site plan (minimum scale of 1"=200' with five foot contour intervals) that delineates property boundaries, the location of existing and proposed soil boring, monitoring wells, buildings and appurtenances, fences, gates, roads, parking areas, drainage, culverts, storage facilities or areas, loading areas; existing and proposed elevation contours and direction of prevailing winds; and the location of residences, potable wells, surface water bodies, and drainage swales located within the site and in the site plan area; and

4.2.b.1.D. A map indicating wetlands and flood plains within 1,000 feet of the site, if any.

4.2.b.2. A description of the operation of the facility, detailed engineering plans and specifications for the entire facility, must be submitted by the applicant including at a minimum:

4.2.b.2.A. A schedule of operation, including the days and hours that the facility will be open, preparations before opening, and procedures followed after closing for the day;

4.2.b.2.B. Anticipated daily traffic flow to and from the facility, including the number of trips by private or public collection vehicles, and the quantity of material contained in each vehicle;

4.2.b.2.C. The procedure for unloading trucks (including frequency, rate, and method);

4.2.b.2.D. Special precautions or procedures for operation during wind, heavy rain, snow, and freezing conditions;

4.2.b.2.E. A description of the ultimate use for the finished compost or other product, a marketing plan for the finished compost, method for removal from the site, and a plan for use or disposal of those finished products that cannot be used in the expected manner due to poor quality or change in market conditions;

4.2.b.2.F. A (description) copy of the label or other information source, by the distributor, that outlines the type of waste the compost product was derived from, a list of any restrictions on use, and recommended safe uses and application rates;

4.2.b.2.G. Identification of the personnel required to operate and maintain the facility and their job descriptions/responsibilities;

4.2.b.2.H. A detailed description of the source, and anticipated quality, and quantity of any bulking agent to be used in the process; and

4.2.b.2.I. A detailed description of the quantity, quality and specific source of the sewage sludge received or anticipated to be received.

4.2.b.3. The permit application must contain an operating engineering report which must include, at a minimum, the following:

4.2.b.3.A. Detailed engineering plans and specifications for the entire sewage sludge processing facility, including manufacturer's performance data for the selected equipment;

4.2.b.3.B. Contingency plans detailing corrective (or remedial) action to be taken in the event of equipment breakdown; air pollution (odors); unacceptable waste delivered to the facility; groundwater contamination; spills; and undesirable conditions such as fires, dust, noise, vectors, lack of a market for the compost product and unusual traffic conditions; and

4.2.b.3.C. An Operation and Maintenance Manual. -- The manual must contain general design information, detailed operational information and instructions. In addition, the manual must list the specific procedures used or to be used in monitoring, sampling and analyzing sewage sludge and the finished product, and record keeping requirements.

4.2.b.4. A description of the design of the facility, including:

4.2.b.4.A. The type, size, and associated detention times of equipment used in the handling, processing, and storage of sewage sludge;

4.2.b.4.B. The method of measuring, shredding, mixing, and proportioning input materials;

4.2.b.4.C. A description and sizing of the storage facilities for amendment, bulking agent, and finished product;

4.2.b.4.D. The separation, processing, storage, and ultimate disposal of materials that cannot be composted, if applicable;

4.2.b.4.E. The location of all temperature and any other type of monitoring points, and the frequency of monitoring;

4.2.b.4.F. A process flow diagram of the entire process, including all major equipment and flow streams. The flow streams must indicate the quantity of material on a wet weight, dry weight, and volumetric basis;

4.2.b.4.G. The aeration capacity of the system;

4.2.b.4.H. The method of supplying and regulating airflow;

4.2.b.4.I. The expected mass balance through the composting system;

4.2.b.4.J. A description of how the (temperature) monitoring equipment will ensure that facility qualifies as a process to further reduce pathogens, toxins, heavy metals and/or vectors; and

4.2.b.4.K. A description of the air emission collection and control technologies.

4.2.b.5. A description of existing and potential land-use of the area within one mile of the facility.

4.2.b.6. A certified copy of any municipal or county zoning restrictions, if applicable.

4.2.c. Land Application Permit Application Requirement. -- Persons performing land application of sewage sludge or materials derived from sewage sludge must submit the following information to the chief of the Office of Water Resources of the Division in addition to that required under subdivision 4.2.a. of this rule:

4.2.c.1. Soil analysis for all land application sites including but not limited to pH, potassium, phosphorus, nitrogen, all metals listed in Table 1 of this rule and any additional chemical analysis required by the director;

4.2.c.2. Information relative to the nitrogen content of the sludge(s) or product(s) derived from sewage sludge to be land applied;

4.2.c.3. A soils map with application sites clearly defined;

4.2.c.4. An agreement between the preparer of sewage sludge(s) or material(s) derived from sewage sludge, the applier, and the owner of the land application site indicating each party's concurrence with the application, and certifying that each will comply with applicable requirements of 40CFR503. and this rule;

4.2.c.5. A description of existing and future uses of the land application site;

4.2.c.6. Information relative to past application(s) of sewage sludge or material(s) derived from sewage sludge as necessary to comply with section 40CFR503.12 and this rule;

4.2.c.7. Information relative to past fertilizer applications to the site;

4.2.c.8. In addition to the chemical analyses required in subdivision 4.2.a of this rule, any additional chemical analyses of sewage sludge(s) or material(s) derived from sewage sludge, requested by the chief of the Office of Water Resources of the Division, including, but not limited to sodium, chloride, fluoride, calcium and sulfates;

4.2.c.9. A description of the methods to be used for land application;

4.2.c.10. A description of the methods for transportation of sludge to the site;

4.2.c.11. A copy of the NPDES permit for the POTW from which the sludge or material originated;

4.2.c.12. Information relative to the significant industrial users of the POTW from which the sludge or material originated;

4.2.c.13. A description of the methods by which pathogen control and vector attraction reduction are being achieved; and

4.2.c.14. A description of the methods to be utilized to adjust and maintain the soil to a minimum pH of 6.2 for at least 5 years from the date of application.

W. Va. Code R. § 33-2-4