W. Va. Code R. § 33-8-3

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

Section 33-8-3 - Standards for Beneficial Use of Sludge or Other Approved Materials

Beneficial Use Determination. -- Materials determined by the Secretary to have beneficial characteristics similar to sewage sludge may be beneficially used in a manner approved by the Secretary in accordance with this rule.

3.1.a. Any beneficial use determination made by the Secretary shall be based, at a minimum, on analysis of the material and other information demonstrating its beneficial use characteristics, an evaluation of the sources contributing to the waste stream from which the material originates, an evaluation of the pollutant levels contained in the material, and an evaluation of the potential impact to human health and the environment from the proposed method of use.

3.1.a.1. Beneficial characteristics that may be considered under this rule must include nutrient content.

3.1.a.2. The concentration of any heavy metal in the sludge or other material shall not exceed the values listed in Table 1 of this rule.

3.1.a.3. Background concentrations at land application sites, residential soil concentrations in 60CSR3, and any other applicable information may be used by the Secretary as a guide to establish limits for pollutant loading rates when maximum soil concentrations are not established in Table 2 of this rule.

3.1.b. The beneficial characteristics of the sludge or other material must be demonstrated prior to mixing the sludge or other material with any additives, such as fertilizer, sewage sludge, organic matter, lime, or other materials that would enhance the beneficial characteristics of the sludge or other material.

3.1.c. The Secretary may not issue a permit unless he or she has evaluated the proposed land application site to determine its suitability for use and compliance with this rule.

3.1.d. The Secretary may not issue a permit if he or she has determined the sludge or other material is not suitable for use in accordance with this rule.

3.1.d.1. The following materials may not be land applied:

3.1.d.1.A. Any sludge or other material that is a listed or characteristic hazardous waste referenced in 33CSR20.

3.1.d.1.B. Sludge generated from any manufacturing or processing of metals, plastics, herbicides, pesticides, algaecides, or fungicides;

3.1.d.1.C. Petroleum contaminated soils;

3.1.d.1.D. Sludge generated from a drinking water treatment plant;

3.1.d.1.E. Wastes from saw milling or logging operations; or

3.1.d.1.F. Any sludge or other material having a nutrient concentration that will not provide at least fifty percent of the established crop nutrient need for either nitrogen, phosphorous, or potassium.

3.2. Land Application Location Standards and Restrictions.

3.2.a. Sludge or other approved materials 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 Secretary 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, unless written permission is given by the adjacent property owner.

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 3 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. Land that is within 100 feet of a vertical rock outcrop.

3.2.a.13. Land where the application of sludge or other material is likely to adversely affect a threatened or endangered species listed under section 4 of the Endangered Species Act or its designated critical habitat.

3.2.a.14. Other land determined by the Secretary to be unsuitable for land application.

3.2.b. No person shall apply sludge or other approved material 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 2 of this rule and the soil testing requirements of this rule. The Secretary 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 2: Provided, That the analyses of the material, soil analyses, and pollutant loss rates from erosion, leaching, and volatilization demonstrate that the land application of the material, at a loading rate prescribed by the Secretary , will not cause additional net accumulation of any metal in the soil already exceeding the maximum soil concentration listed in Table 2. Any such variance issued by the Secretary shall contain a requirement to annually monitor the soil concentration of each metal exceeding the Table 2 limit for as long as the site is utilized for the land application.

3.2.b.1. The Secretary 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 2 of this rule. New soil analyses for those metals listed in Table 2 shall be required at each land application site whenever fifty percent of the assigned lifetime loading rate for the site has been achieved.

3.2.c. No person shall land apply sludge or other material which exceeds 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.d. No person shall apply sludge or other approved material to land in a manner that will result in exceeding the groundwater standards established in 46CSR12. Results from a toxicity characteristic leaching procedure analysis of a material may be considered when making an evaluation of the potential to impact groundwater quality.

3.2.e. Sludge or other material may not be stored at a land application site for a period of more than one week: Provided, That the Secretary may authorize storage for up to three months where acceptable provisions have been made to prevent leachate runoff into surface or groundwater.

3.2.f. No person shall apply sludge or other approved material to land in a manner that diminishes soil productivity, seed germination, or plant health.

3.2.g. No person shall land apply sludge except during daylight hours.

3.2.h. Persons applying sludge or other materials containing 10 percent or more total fats shall comply with the following requirements:

3.2.h.1. If the sludge or other material is incorporated into the soil within 20 days of application to the soil, the annual loading rate of total fats to the soil shall not exceed one percent of soil mass of the plow layer.

3.2.h.2. If the sludge or other material is not incorporated into the soil within 20 days of application to the soil, the annual loading rate of total fats to the soil shall not exceed 2 tons/acre/year.

3.2.h.3. Sludge or other material in liquid form with a total fat content exceeding one percent shall not be applied to the surface of existing stands of grass or other forage crops.

3.3. Storage Requirements.

3.3.a 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 which have been processed or cured shall be limited to one year.

3.3.b. The storage area must be designed and operated to control vectors and odors.

3.3.c. The storage area 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 storage area.

3.3.d. All land storage areas must protect groundwater in accordance with the Groundwater Protection Act, W. Va. Code '22-12-1 et seq., and the rules promulgated thereunder, including 46CSR12, 47CSR58, 47CSR59, and 47CSR60

3.4. Odor Control. When an odor is determined to be objectionable and repetitious by the Secretary, the Secretary may require the activity to cease and/or 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) 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.

3.5. Sample Analysis.

3.5.a. U.S. Environmental Protection Agency analytical procedure SW-846, Test Methods for Evaluating Solid Waste, Physical/Chemical Methods, shall be used to analyze all samples required by this rule: Provided, That the Secretary may allow other approved standard methods of analyses appropriate to certain materials.

3.5.b. All samples required by this rule shall be analyzed by a laboratory certified in accordance with W. Va. Code '22-1-15 and the rules promulgated thereunder.

W. Va. Code R. § 33-8-3