W. Va. Code R. § 33-2-5

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

Section 33-2-5 - General, Processing Facility, and Land Application Permit Requirements

5.1. Permit General Requirements. -- All permits issued pursuant to this rule shall contain the following:

5.1.a. Any requirement of 40CFR503, including but not limited to:

5.1.a.1. Limitations on the concentrations of pollutants (heavy metals), toxins, vectors and pathogens in the sewage sludge or sewage sludge products;

5.1.a.2. Requirements relative to monitoring sewage sludge and sewage sludge product quality and reporting the results of those analyses for pH, percent solids, organic nitrogen, potassium, phosphorus, calcium, magnesium, total nitrogen, ammonia nitrogen, pathogen test results, vector attraction verification; and all heavy metals listed in Table 1 of this rule except that the frequency of monitoring shall be as described in Appendix A of this rule; except that permits issued for land application of domestic septage shall contain requirements to monitor the soil at the land application sites in lieu of sampling individual domestic septic tank systems. Such permits for domestic septage shall contain a provision requiring a manifest listing each source of domestic septage and certifying that the domestic septage contains no industrial or commercial waste products;

5.1.a.3. Requirements relative to reporting and certification;

5.1.a.4. Requirement to pay fees as identified in section 6 of this rule;

5.1.a.5. Requirements for the proper collection, control and disposal of leachate and stormwater runoff for the protection of groundwater, surface waters, and potable waters in the area;

5.1.a.6. Requirements to retain records for the facility for a minimum of five years;

5.1.a.7. Requirements to monitor and report monthly to the Division the specific source and quantity of sewage sludge generated, treated, stored, processed, composted, disposed, or placed;

5.1.a.8. Requirements not to exceed a commercial solid waste facility's tonnage limits, where applicable;

5.1.a.9. Requirements to provide copies of monthly reports to the county or regional solid waste authority in which the facility or land application site(s) is located;

5.1.a.10. Any other requirements, including additional monitoring, determined to be necessary by the director to insure compliance with state and federal regulations;

5.2. Processing Facility Permit Requirements. -- In addition to the requirements of subsection 5.1. of this rule, any solid waste facility permit issued to a sewage sludge processing facility, pursuant to this rule, must contain the following:

5.2.a. Operational requirements relative to pathogen control in accordance with 40CFR503.32. and its Appendix B;

5.2.b. Operational requirements relative to vector attraction reduction in accordance with 40CFR503.33;

5.2.c. Requirements to routinely monitor and report information relative to the quality of raw materials used in the sewage sludge processing facility including but not limited to: sewage sludge, bulking agents, and kiln dust; except that the frequency of monitoring shall be as described in Appendix A of this rule;

5.2.d. Limitations for the pollutant concentrations of the end product of the sewage sludge processing facility;

5.2.e. Labeling requirements as per 40CFR503.14.e, if applicable, and subsection 3.2.b of this rule;

5.2.f. Requirements for the implementation of practices to prevent the contamination of ground and surface waters, including liners if necessary;

5.2.g. For commercial sewage sludge processing facilities, requirements for reporting in accordance with 33CSR1 subsection 4.12.; and

5.2.h. Requirements for the implementation of practices to protect air quality in and around the facility.

5.3. Land Application Permit Requirements. -- In addition to the requirements of subsection 5.1 of this rule, any land application permit issued pursuant to this rule shall contain the following:

5.3.a. Requirements delineating the sites for which land application is approved;

5.3.b. Limitations on the maximum amount of sewage sludge allowed to be land applied;

5.3.c. Requirements implementing the siting restrictions and location standards of subsection 3.2 of this rule;

5.3.d. Requirements limiting the types of crops that may be grown on land used for application of sewage sludge and the time between application of sewage sludge and the harvesting of crops, in accordance with 40CFR503.32.(b);

5.3.e. Restrictions on animal grazing and public access, in accordance with 40CFR503.32.(b);

5.3.f. Applicable vector attraction reduction requirements of 40CFR503.33; and

5.3.g. Applicable pathogen reduction requirements of 40CFR503.32 and its Appendix B; except that domestic septage shall be held at or above a pH of 12.0 for a period of at least two hours before being applied to land at any location.

W. Va. Code R. § 33-2-5