[27 Pa.B. 521]
[Continued from previous Web Page]
CONTENT OF GENERAL PERMITS AND WAIVERS § 271.831. Contents of general permits.
(a) A general permit issued by the Department will include, at a minimum:
(1) A clear and specific description of the category of waste and the category of beneficial use or processing of municipal waste eligible for coverage under the general permit.
(2) The standards in § 271.811(a) (relating to authorization for general permit), and a brief description of the reasons for the Department's determination that the category of beneficial use or processing is eligible for coverage under a general permit in accordance with these standards.
(3) A specification of registration or determination of applicability requirements established in accordance with § 271.841 (relating to inclusion in a general permit) and the fee imposed on registrants or applicants for coverage under the general permit.
(4) A set of terms and conditions governing the beneficial use or processing of municipal waste covered by the general permit as are necessary to assure compliance with the act, this article and the environmental protection acts, including provisions for the protection of groundwater. At a minimum, the conditions shall include:
(i) The limits on the physical and chemical properties of waste that may be beneficially used or processed. The permit shall also include a requirement that persons or municipalities that conduct activities authorized by the general permit shall immediately notify the Department, on forms provided by the Department, of a change in the physical properties or chemical characteristics of the municipal waste, including leachability, or of a change in the information required by § 271.841(f).
(ii) A requirement that persons or municipalities that conduct activities authorized by the general permit shall allow authorized representatives of the Commonwealth, without advance notice or a search warrant, upon presentation of appropriate credentials, and without delay, to have access to areas in which the activities covered by the general permit will be, are being or have been conducted to ensure compliance with the act, regulations promulgated thereunder and a permit, license or order issued by the Department under the act.
(iii) A requirement that the activities authorized by the general permit will not harm or present a threat of harm to the health, safety or welfare of the people or environment of this Commonwealth. At a minimum, for beneficial use of municipal waste, the use of the waste as an ingredient in an industrial process or as a substitute for a commercial product may not present a greater harm or threat of harm than the use of the product or ingredient which the waste is replacing.
(iv) An effective date and a fixed permit term, which may not exceed 10 years from the effective date. If the Department renews a general permit, the term may not exceed the term of the original permit.
(v) A requirement that a person or municipality operating under the permit shall immediately notify the Department within the time stated in the permit and if no time is stated no later than 45 days, in writing, of any changes in the following:
(A) The company's name, address, owners, operators and responsible officials.
(B) Land ownership of land at the permitted facility.
(C) The physical and chemical characteristics of the municipal waste.
(D) The generators of the municipal waste.
(E) The status of any permit issued to the permittee or any agent of the permittee engaged in activities under the permit by the Department or Federal government under the environmental protection acts.
(vi) A requirement that the activities conducted under the authorization of a general permit shall be conducted in accordance with the permittee's application. Except to the extent that a general permit states otherwise, the permittee shall operate as described within the permit application.
(5) A requirement that a person or municipality that registers for coverage under a general permit or applies to the Department for a determination of applicability under a general permit shall submit a copy of the registration or application to each municipality in which processing activities or the primary beneficial use activities will be located, prior to initiating operations. If additional locations are identified during the term of the permit that were not known at the time of a registration or application, including an application by the original applicant, written notice shall be provided to the municipalities.
(b) A general permit may include a requirement that persons or municipalities who conduct activities authorized by the general permit shall submit periodic reports, analyses of waste and other information to ensure that the quality of the waste to be beneficially used or processed does not change.
§ 271.832. Waiver and modification of requirements.
(a) An operation that is approved under this subchapter is subject to this article.
(b) For an operation that is approved under this subchapter, the Department may waive or modify any application and operating requirements in this article, except the Department may not waive or modify Subchapter A, §§ 271.124, 271.125 and 271.129, Subchapter D in accordance with § 271.811(d), Subchapter E or Subchapter H.
REGISTRATION AND DETERMINATION OF APPLICABILITY § 271.841. Inclusion in a general permit.
(a) A person or municipality is authorized to operate under a general permit if one of the following occurs:
(1) The applicable general permit requires persons or municipalities to register with the Department prior to operating under the general permit, and the person or municipality has registered in accordance with the terms of the general permit.
(2) The applicable general permit requires persons or municipalities to apply for and obtain a determination of applicability from the Department prior to operating under the general permit, and the Department has made this determination.
(b) Except as provided in subsections (c) and (d), as a condition of each general permit, the Department will require persons or municipalities who intend to operate under the general permit to register with the Department within a specified time period prior to conducting the activity authorized by the general permit.
(c) For beneficial use general permits where the municipal waste is to be used as a construction material, antiskid material or otherwise placed directly onto the land, as a condition of the general permit, the Department will require persons or municipalities who intend to operate under the general permit to apply for and obtain a determination of applicability from the Department prior to conducting the activity authorized by the general permit. The Department may require persons or municipalities who intend to operate under a general permit for land application either to apply for and obtain a determination of applicability or register with the Department.
(d) The Department may impose the determination of applicability condition described in subsection (c) on general permits for beneficial use or processing activities other than those described in that subsection if the Department determines that the condition is necessary to prevent harm or a threat of harm to the health, safety or welfare of the people or environment of this Commonwealth.
(e) Registration or application requirements and time limits, if any, shall be set forth in the general permit governing each category of beneficial use or processing of municipal waste.
(f) At a minimum, the registration or application shall include:
(1) The name and address of the person or municipality conducting the activity covered by the general permit.
(2) A description of each waste which will be beneficially used or processed in accordance with the general permit.
(3) A description of the proposed method of processing or beneficial use of waste.
(4) If a general permit requires a registrant or applicant to chemically analyze each waste to be processed or beneficially used, an analysis that is in accordance with § 271.611 (relating to chemical analysis of waste).
(5) For beneficial use general permits for which an evaluation was submitted under § 271.821(b)(4)(iv) (relating to application for general permit), a supplemental evaluation that meets the requirements of that section if the waste contains constituents at levels not reviewed as part of the general permit, or if the proposed beneficial use would be at a type of location not reviewed as part of the general permit.
(6) The name or number of the general permit being utilized for the activity.
(7) A demonstration that the activities which the person or municipality intends to conduct are authorized by the general permit.
(8) A signed and notarized statement by the person or municipality conducting the activity authorized by the general permit, on a form prepared by the Department, which states that the person or municipality agrees to accept the conditions imposed by the general permit for beneficial use or processing of municipal waste under the general permit.
(g) A person or municipality that registers for coverage under a general permit, or applies to the Department for a determination of applicability of a general permit, shall submit a copy of the registration or application to the host municipality and the host county at the same time that the person or municipality files the registration or application with the Department. The host municipality and host county shall be determined by the location of the person's or municipality's primary or first beneficial use or processing operation under the general permit.
§ 271.842. Determination of applicability.
(a) This section sets forth standards and procedures that are applicable to general permits which require persons or municipalities to apply for and obtain a determination of applicability from the Department prior to conducting the activity authorized by the general permit. The requirements in this section are in addition to the applicable requirements of § 271.841 (relating to inclusion in a general permit).
(b) An application for a determination of applicability under this subchapter shall be accompanied by a nonrefundable fee in the form of a check payable to the ''Commonwealth of Pennsylvania'' for $500.
(c) The Department will provide notice in the Pennsylvania Bulletin of each application for a determination of applicability for a general permit which the Department has determined to be administratively complete. For applications for determinations of applicability for a general permit for construction materials, the notice will indicate that interested persons or municipalities may submit comments to the Department within 60 days recommending revisions to and approval or disapproval of the application, unless the 60-day notice requirement is waived by the Department. The Department may hold a public meeting or public hearing on an application for determination of applicability for a general permit for construction materials.
(d) The Department will make a determination that a general permit is or is not applicable to an activity for which an application for determination of applicability is filed under § 271.841 within 60 days from the publication of the notice under subsection (c) or for construction materials when a 60-day comment period is provided, within 120 days after publication of the notice under subsection (c). The time period does not include periods beginning with the date that the Department in writing has requested the applicant to make substantive corrections or changes to the application and ending with the date that the applicant submits corrections or changes to the Department's satisfaction. Failure by the Department to comply with this timetable will not be construed or understood to constitute grounds for a determination that the general permit applies to the proposed activity.
(e) The Department will determine that the general permit does not apply to the proposed beneficial use or processing activity and will deny coverage under the general permit if the applicant fails to demonstrate to the Department's satisfaction that the proposed activity is consistent with the terms and conditions of the general permit, and does not have the potential to harm or present a threat of harm to the health, safety or welfare of the people or environment of this Commonwealth.
(f) The Department will provide written notice of its determination that a general permit is or is not applicable to an activity for which a determination of applicability is required to the host municipality and the appropriate county, county planning agency and county health department, if one exists, for the applicant's proposed primary or first beneficial use or processing operation under the general permit and will publish notice of its decision in the Pennsylvania Bulletin.
(g) The Department may amend, suspend or revoke coverage under a general permit if a person or municipality authorized to conduct solid waste activities under a general permit is not in compliance with the permit conditions or for one or more of the reasons in subsection (e).
§ 271.843. Registration.
(a) This section sets forth standards and procedures that are applicable to general permits which require persons or municipalities to register with the Department prior to operating under the general permit. The requirements of this section are in addition to the applicable requirements of § 271.841 (relating to inclusion in a general permit).
(b) A registration to operate under a general permit under this subchapter shall be accompanied by a nonrefundable fee in the form of a check payable to the ''Commonwealth of Pennsylvania'' for $250.
(c) The Department will provide notice in the Pennsylvania Bulletin of each registration for coverage under a general permit.
(d) Persons or municipalities may operate under a general permit upon registering with the Department under § 271.841 and the terms of the general permit.
(e) The Department may amend, suspend or revoke coverage under a general permit if the waste or activity is not covered by the terms and conditions of the general permit.
(f) A person or municipality operating under a registration has the burden of proving, by clear and convincing evidence, that the waste and activity are consistent with the general permit.
COMPLIANCE § 271.851. Investigations and corrective action.
(a) Upon notification by a person or municipality beneficially using or processing municipal waste under a general permit that there has been a change in the physical properties or chemical characteristics of the municipal waste being beneficially used or processed, including leachability, the Department will conduct an investigation and order necessary corrective action. Notice to the Department under this section does not, by itself, suspend continued beneficial use or processing after a change has occurred.
(b) Upon receipt of a signed, written complaint of a person whose health, safety or welfare may be adversely affected by a physical or chemical change in the properties of the municipal waste to be beneficially used or processed under a general permit, including leachability, the Department will determine the validity of the complaint and take appropriate action.
§ 271.852. Compliance with permit conditions, regulations and laws.
A person or municipality that beneficially uses or processes municipal waste under a general permit shall comply with the terms and conditions of the general permit, with this article and with the environmental protection acts to the same extent as if the activity were covered by an individual permit.
Subchapter J. BENEFICIAL USE OF SEWAGE SLUDGE BY LAND APPLICATION GENERAL
Sec.
271.901. Purpose and applicability. 271.902. Permits and direct enforceability. 271.903. Operation under existing permits and beneficial use orders. 271.904. Additional or more stringent requirements. 271.905. Requirement for a person who prepares sewage sludge. 271.906. Sampling and analysis. 271.907. Special definitions. OPERATING REQUIREMENTS
271.911. Special requirements. 271.912. Assistance of county conservation district. 271.913. General requirements. 271.914. Pollutant limits. 271.915. Management practices. 271.916. Operational standards--pathogens and vector attraction reduction. 271.917. Frequency of monitoring. 271.918. Recordkeeping. 271.919. Reporting. 271.920. Inspection. 271.921. Sewage sludge quality enhancement plan. PATHOGENS AND VECTOR ATTRACTION REDUCTION
271.931. Special definitions. 271.932. Pathogens. 271.933. Vector attraction reduction.
GENERAL § 271.901. Purpose and applicability.
(a) Purpose.
(1) This subchapter establishes standards for general and individual land application of sewage sludge permits for the beneficial use of sewage sludge by land application. The standards consist of general requirements, pollutant limits, management practices and operational standards. This subchapter also includes pathogen and alternative vector attraction reduction requirements.
(2) In addition, the standards in this subchapter include reporting requirements and the frequency of monitoring and recordkeeping requirements when sewage sludge is applied to the land for beneficial use.
(b) Applicability.
(1) This subchapter applies to a person who prepares sewage sludge that will be sold or given away in a bag or other container or that will be land applied, and to a person who applies sewage sludge to the land.
(2) This subchapter applies to sewage sludge applied to the land.
§ 271.902. Permits and direct enforceability.
(a) Permits. The requirements in this subchapter may be implemented through an individual land application of sewage sludge permit or a land application of sewage sludge general permit. An individual land application of sewage sludge permit will be issued to, and a land application of sewage sludge general permit will provide coverage for, persons who prepare sewage sludge or persons who land apply residential septage, or both. For a land application of sewage sludge permit to be issued to or provide coverage for a person who prepares sewage sludge other than residential septage, that person shall have one or more of the following:
(1) A permit for operation of the facility issued by the Department under the procedures and requirements of Chapter 91, 92 or 271 (relating to general provisions; National Pollutant Discharge Elimination System; and municipal waste management--general provisions), as applicable.
(2) A permit for operation of the facility issued or modified by the state in which the facility is located or by the EPA, from which the Department may determine that the sewage sludge to be land applied will meet the standards in 40 CFR Part 503 (relating to standards for the use or disposal of sewage sludge).
(b) Direct enforceability. A person may not land apply sewage sludge through any practice for which requirements are established in this subchapter except in accordance with these requirements.
(c) Persons seeking to land apply sewage sludge shall obtain a land application of sewage sludge permit under the procedures and requirements in Chapters 91 and 92, as applicable, and this subchapter.
(d) A land application of sewage sludge permit requires compliance with Chapters 91 and 92, as applicable, this subchapter, and the terms and conditions of the permit.
(e) The Department is authorized to issue a land application of sewage sludge general permit if the permit meets the applicable requirements in §§ 92.81--92.83 (relating to NPDES permits), as modified by subsection (f). The Department may issue a land application of sewage sludge general permit for an activity related to the land application of sewage sludge which may result in a discharge of pollutants to waters of this Commonwealth. The site specific review and approval requirements of §§ 92.81--92.83 are not applicable to general permits issued under this subchapter.
(f) The restrictions contained in §§ 92.81(a)(8) and 92.83(b)(8) are not applicable to the land application of sewage sludge to the extent the restrictions would prohibit general permit coverage in watersheds designated as ''high quality waters'' under Chapter 93 (relating to water quality standards).
(g) A person may not apply sewage sludge in a way that will cause surface or groundwater pollution, cause or allow the attraction, harborage or breeding of vectors, cause or allow emissions of any malodorous air contaminants under § 123.31(b) (relating to limitations), adversely affect private or public water supplies, or cause any public nuisance.
(h) Applications for individual land application of sewage sludge permits issued under this subchapter, or for coverage under land application of sewage sludge general permits issued under this subchapter, shall be accompanied by a nonrefundable fee of $500 made payable to the ''Commonwealth of Pennsylvania.''
§ 271.903. Operation under existing permits and beneficial use orders.
(a) A person that possesses an existing individual permit or beneficial use order for the land application of sewage sludge, or a sewage sludge distribution program permit, issued by the Department shall either:
(1) Cease operations.
(2) Continue operations under the permit or beneficial use order until it expires or until the person obtains coverage under a land application of sewage sludge permit.
(b) When the Department makes an affirmative decision under subsection (a)(2), the terms and conditions of the land application of sewage sludge permit will supersede the terms and conditions of the existing permit or beneficial use order.
(c) Existing beneficial use orders issued by the Department under former § 271.232 (Reserved) expire on January 25, 2002.
(d) Existing permits identified in subsection (a), which do not contain an express expiration date, will be deemed to expire on January 25, 2002.
(e) The interim guidelines for the use of sewage sludge for agricultural utilization or land reclamation will remain in effect for the limited purposes of providing guidance for persons operating under, and for the enforcement of, individual solid waste permits issued prior to May 27, 1997, under Chapter 275 (relating to land application of sewage sludge) and beneficial use orders issued prior to May 27, 1997, under § 271.232 (Reserved).
§ 271.904. Additional or more stringent requirements.
On a case-by-case basis, the Department may impose requirements in addition to or more stringent than the requirements in this subchapter when necessary to protect public health and the environment from any adverse effect of a pollutant in the sewage sludge.
§ 271.905. Requirement for a person who prepares sewage sludge.
A person who prepares sewage sludge shall ensure that the applicable requirements in this subchapter are met when the sewage sludge is applied to the land.
§ 271.906. Sampling and analysis.
(a) Sampling. Representative samples of sewage sludge that is applied to the land shall be collected and analyzed.
(b) Methods. Methods in the materials listed in this subsection, or in any later amendments published in the Federal Register, are incorporated by reference and shall be used to analyze samples of sewage sludge. Other methods may be approved by the Department.
(1) Enteric viruses. ASTM Designation: D 4994-89, ''Standard Practice for Recovery of Viruses from Wastewater Sludges,'' 1992 Annual Book of ASTM Standards: Section 11--Water and Environmental Technology, ASTM, 1916 Race Street, Philadelphia, Pennsylvania 19103-1187.
(2) Fecal coliform. Part 9221 E. or Part 9222 D., ''Standard Methods for the Examination of Water and Wastewater,'' 18th Edition, 1992, American Public Health Association, 1015 15th Street, NW., Washington, DC 20005.
(3) Helminth Ova. Yanko, W. A. ''Occurrence of Pathogens in Distribution and Marketing Municipal Sludges,'' EPA 600/1-87-014, 1987. National Technical Information Service, 5285 Port Royal Road, Springfield, Virginia 22161 (PB 88-154273/AS).
(4) Inorganic pollutants. ''Test Methods for Evaluating Solid Waste, Physical/Chemical Methods,'' EPA Publication SW-846, Second Edition (1982) with Updates I (April 1984) and II (April 1985) and Third Edition (November 1986) with Revision I (December 1987). Second Edition and Updates I and II are available from the National Technical Information Service, 5285 Port Royal Road, Springfield, Virginia 22161 (PB-87-120-291). Third Edition and Revision I are available from Superintendent of Documents, Government Printing Office, 941 North Capitol Street, NE., Washington, DC 20002 (Document Number 955-001-00000-1).
(5) Salmonella SP. Bacteria. Part 9260 D., ''Standard Methods for the Examination of Water and Wastewater,'' 18th Edition, 1992, American Public Health Association, 1015 15th Street, NW., Washington, DC 20005; or Kenner, B. A. and H. P. Clark, ''Detection and Enumeration of Salmonella and Pseudomonas Aeruginosa,'' Journal of the Water Pollution Control Federation, Vol. 46, No. 9, September 1974, pp. 2163- 2171. Water Environment Federation, 601 Wythe Street, Alexandria, Virginia 22314.
(6) Specific oxygen uptake rate. Part 2710 B., ''Standard Methods for the Examination of Water and Wastewater,'' 18th Edition, 1992, American Public Health Association, 1015 15th Street, NW., Washington, DC 20005.
(7) Total, fixed and volatile solids. Part 2540 G., ''Standard Methods for the Examination of Water and Wastewater,'' 18th Edition, 1992, American Public Health Association, 1015 15th Street, NW., Washington, DC 20005.
§ 271.907. Special definitions.
The following words and terms have the following meanings and apply only to this subchapter; other definitions may be found in § 271.1 (relating to definitions):
Agricultural land--Land on which a food crop, a feed crop, a fiber crop, a silvicultural crop or a horticultural crop is grown. The term includes range land and land used as pasture.
Agronomic rate--The annual whole sludge application rate (dry weight basis) designed to do the following:
(1) Provide the amount of nitrogen needed by the food crop, feed crop, fiber crop, silvicultural crop, cover crop, horticultural crop or vegetation grown on the land.
(2) Minimize the amount of nitrogen in the sewage sludge that passes below the root zone of the crop or vegetation grown on the land to the groundwater.
Annual whole sludge application rate--The maximum amount of sewage sludge (dry weight basis) that can be applied to a unit area of land during a 365-day period.
Apply sewage sludge or sewage sludge applied to the land or land apply--Land application of sewage sludge.
Bag or other container--Either an open or closed receptacle. The term includes, but is not limited to, a bag, bucket, box, container, vehicle or trailer, with a load capacity of 1.1 tons (or 1.0 metric ton) or less.
Cover crop--A small grain crop, such as oats, wheat or barley, not grown for harvest.
Cumulative pollutant loading rate--The maximum amount of a pollutant that can be applied to an area of land.
Domestic sewage--Waste and wastewater from humans or household operations that is discharged to or otherwise enters a treatment works.
Dry weight basis--Calculated on the basis of having been dried at 221°F (or 105°C) until reaching a constant mass (that is, essentially 100% solids content).
Feed crops--Crops produced primarily for consumption by animals.
Fiber crops--Crops such as flax and cotton.
Food crops--Crops consumed by humans. The term includes, but is not limited to, fruits, vegetables and tobacco.
Forest--A tract of land thick with trees and underbrush.
Frozen ground--Ground frozen to a depth of at least 2 inches for a period of 72-consecutive hours.
Industrial wastewater--Wastewater generated in a commercial or industrial process.
Land application--The spraying or spreading of sewage sludge onto the land surface for beneficial use; the injection of sewage sludge below the land surface for beneficial use; or the incorporation of sewage sludge into the soil for beneficial use so that the sewage sludge can either condition the soil or fertilize crops for vegetation grown in the soil.
Land application of sewage sludge general permit--A regionwide or Statewide land application of sewage sludge permit that is issued by the Department under the procedures and requirements in Chapters 91 and 92 (relating to general provisions; and National Pollutant Discharge Elimination System) and this subchapter, as applicable, for a clearly described category of activities which may involve a discharge to surface or groundwaters, when the activities are substantially similar in nature and do not have the potential to cause significant adverse environmental impact.
Land application of sewage sludge permit--A permit that is issued for an activity related to the land application of sewage sludge which may result in a discharge of pollutants to waters of this Commonwealth.
Municipality--A city, town, borough, county, township or an authority created by any of the foregoing under State law, including an intermunicipal agency of two or more of the foregoing entities.
Pasture--Land on which animals feed directly on feed crops such as legumes, grasses, grain stubble or stover.
Person--An individual, corporation, partnership, association, municipality, political subdivision or an instrumentality of State, Federal or local government, or an agent or employe thereof; or any other legal entity.
Person who prepares sewage sludge--Either the person who generates sewage sludge during the treatment or processing of domestic sewage in a treatment works or the person who derives a material from sewage sludge. The term includes a composting facility that composts sewage sludge.
Pollutant--An organic substance, an inorganic substance, a combination of organic substances, a pathogenic organism or another substance identified by the Department that, after discharge and upon exposure, ingestion, inhalation or assimilation into an organism either directly from the environment or indirectly by ingestion through the food chain, could, on the basis of information available to the Department cause death, disease, behavioral abnormalities, cancer, genetic mutations, physiological malfunctions (including malfunction in reproduction), or physical deformations in either organisms or offspring of the organisms.
Pollutant limit--A numerical value that describes the amount of a pollutant allowed per unit amount of sewage sludge (for example, milligrams per kilogram of total solids); the amount of a pollutant that can be applied to a unit area of land (for example, pounds per acre or kilograms per hectare); or the volume of a material that can be applied to a unit area of land (for example, gallons per acre or liters per hectare).
Public contact site--Land with a high potential for contact by the public. The term 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 sewage sludge. The term includes, but is not limited to, active and abandoned coal and noncoal surface mines and construction sites.
Residential septage--Liquid or solid material removed from a septic tank, cesspool or similar treatment works that receives only waste or wastewater from humans or household operations. The term includes processed residential septage from a residential septage treatment facility. The term does not include liquid or solid material removed from a septic tank, cesspool, portable toilet, Type III Marine Sanitation Device or similar treatment works, that receives either commercial wastewater or industrial wastewater, and does not include grease removed from grease traps at a restaurant.
Runoff--Rainwater, leachate or other liquid that drains overland on any part of a land surface and runs off of the land surface.
Treat or treatment of sewage sludge--The preparation of sewage sludge for land application. The term includes, but is not limited to, thickening, stabilization and dewatering of sewage sludge. The term does not include storage of sewage sludge.
Treatment works--Either a Federally owned, publicly owned or privately owned device or system used to treat (including recycle and reclaim) either domestic sewage or a combination of domestic sewage and industrial waste of a liquid nature.
Wetlands--Those areas that are inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions including swamps, marshes, bogs and similar areas.
OPERATING REQUIREMENTS § 271.911. Special requirements.
(a) Application. This section applies to sewage sludge that meets the criteria in subsection (b).
(b) Exceptional quality sewage sludge.
(1) The general requirements in § 271.913 (relating to general requirements) and the management practices in § 271.915 (relating to management practices), do not apply when sewage sludge is applied to the land if, prior to use, the sewage sludge continuously meets the pollutant concentrations in § 271.914(b)(3) (relating to pollutant limits), the Class A pathogen requirements in § 271.932(a) (relating to pathogens) and one of the vector attraction reduction requirements in § 271.933(b)(1)--(8) (relating to vector attraction reduction), and is nonliquid and nonrecognizable as human waste.
(2) Sewage sludge that meets the requirements of paragraph (1) or (3) may not be applied at a rate that is greater than the agronomic rate, unless a greater application rate is approved by the Department for land reclamation activities. For land reclamation, sewage sludge shall be incorporated within 24 hours after application.
(3) Sewage sludge sold, given away or otherwise distributed, in a bag or other container for application to the land shall continuously meet the pollutant concentrations in § 271.914(b)(3), the Class A pathogen requirements in § 271.932(a) and one of the vector attraction reduction requirements in § 271.933(b)(1)--(8), and shall be nonliquid and nonrecognizable as human waste.
(c) Label or information sheet. Either a label shall be affixed to the bag or other container in which sewage sludge is sold, given away or otherwise distributed, for application to the land, or an information sheet shall be provided to the person who receives sewage sludge sold, given away or otherwise distributed, in a bag or other container for application to the land. The label or information sheet shall contain the following information:
(1) The name and address of the person who prepared the sewage sludge that is sold, given away or otherwise distributed, in a bag or other container for application to the land.
(2) A statement that application of the sewage sludge to the land is prohibited except in accordance with the instructions on the label or information sheet.
(3) A description of the restrictions or limitations and the nutrient value of the sewage sludge.
(d) Application by Department. The Department may apply any or all of the general requirements in § 271.913 and the management practices in § 271.915 to the sewage sludge in subsection (b)(1) on a case-by-case basis after determining that some or all of the general requirements or management practices in those sections are needed to protect public health and the environment from any reasonably anticipated adverse effect that may occur from any pollutant in the sewage sludge.
§ 271.912. Assistance of county conservation district.
The Department may enter into an agreement with a county conservation district with the approval of the State Conservation Commission to authorize the county conservation district to:
(1) Provide site evaluation and permit application review of land application of sewage sludge permits.
(2) Provide information and written materials to the general public, the regulated community and the agricultural community concerning the land application of sewage sludge.
(3) Conduct education sessions with interested parties on the land application of sewage sludge.
(4) Conduct inspections of permitted land application facilities and those areas where sewage sludge is applied under land application of sewage sludge permits.
(5) Take samples of sewage sludge delivered to land application sites.
§ 271.913. General requirements.
(a) A person may not apply sewage sludge to the land except in accordance with this subchapter.
(b) A person may not apply sewage sludge subject to the cumulative pollutant loading rates in § 271.914(b)(2) (relating to pollutant limits) to agricultural land, forest, a public contact site or a reclamation site if any of the cumulative pollutant loading rates in § 271.914(b)(2) have been reached.
(c) A person may not apply residential septage to agricultural land, forest or a reclamation site during a 365-day period if the annual application rate in § 271.914(c) has been reached during that period.
(d) A person may not apply sewage sludge to a reclamation site unless the reclamation activity is permitted or otherwise approved by the Department.
(e) A person who operates under a land application of sewage sludge permit issued under this subchapter shall obtain written consent of the owner of the land upon which the sewage sludge will be land applied, on a form prepared by the Department, prior to land applying the sewage sludge.
(f) A person who operates under a land application of sewage sludge permit issued under this subchapter shall, at least 7 days prior to land applying sewage sludge for the first time at a location, provide the occupant of the land with a user instruction sheet prepared by the person operating under the permit that describes the acceptable uses and limitations of the sewage sludge.
(g) Notification requirements are as follows:
(1) A person who prepares sewage sludge that is land applied at a location and a person who land applies residential septage at a location for agricultural, forest or land reclamation purposes shall send or otherwise provide written notification to the adjacent landowner, the county conservation district and the Department at least 30 days prior to the first application of the sewage sludge at that location. The notification shall:
(i) Include a brief description of the operation, any site restrictions, the name of the person land applying the sewage sludge and the applicable permit number.
(ii) Be sent by personal delivery or first class mail and, for an adjacent landowner, shall also be given by posting at the property line in a manner sufficient to notify the adjacent landowner of the items in subparagraph (i).
(iii) For the county conservation district and the Department, include the location of the fields on a United States Geological Survey map and on a Natural Resources Conservation Service Soils Map.
(iv) For the Department, be sent to the Department's regional office that has jurisdiction for the location where the sewage sludge will be applied.
(2) The Department may modify these requirements for purposes of land reclamation where the activity is part of another permit or approval issued by the Department and public notice has been provided as part of the permit or approval.
(h) Prior to the first time a site is used for land application, the first person who prepares sewage sludge or the first person who land applies residential septage shall obtain, at a minimum, one representative soil chemical analysis for each field on which sewage sludge is land applied, for pH and those constituents listed in the tables in § 271.914(b).
(i) The person who prepares sewage sludge that is applied to agricultural land, forest, a public contact site or a reclamation site shall provide the person who applies the sewage sludge written notification of the concentration of total nitrogen (as nitrogen on a dry weight basis) in the sewage sludge.
(j) Land application information requirements are as follows:
(1) The person who applies sewage sludge to the land shall obtain information needed to comply with the requirements in this subchapter.
(2) Before sewage sludge subject to the cumulative pollutant loading rates in § 271.914(b)(2) is applied to the land, the person who proposes to apply the sewage sludge shall contact the Department's regional office that has jurisdiction for the site where the sewage sludge will be applied to determine, based on existing and readily available information, whether sewage sludge subject to the cumulative pollutant loading rates in § 271.914(b)(2) has been applied to the site. The information will result in the following:
(i) If sewage sludge subject to the cumulative pollutant loading rates in § 271.914(b)(2) has not been applied to the site, the cumulative amount for each pollutant listed in Table 2 of § 271.914 may be applied to the site in accordance with § 271.914(a)(2).
(ii) If sewage sludge subject to the cumulative pollutant loading rates in § 271.914(b)(2) has been applied to the site, and the cumulative amount of each pollutant applied to the site in the sewage sludge 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 under § 271.914(a)(2).
(iii) If sewage sludge subject to the cumulative pollutant loading rates in § 271.914(b)(2) has been applied to the site, and the cumulative amount of each pollutant applied to the site in the sewage sludge is not known, an additional amount of each pollutant may not be applied to the site in accordance with § 271.914(a)(2).
(k) When a person who prepares sewage sludge provides the sewage sludge to a person who applies the sewage sludge to the land, the person who prepares the sewage sludge shall provide the person who applies the sewage sludge notice and necessary information to comply with this subchapter.
(l) When a person who prepares sewage sludge provides the sewage sludge to another person who prepares the sewage sludge, the person who provides the sewage sludge shall provide the person who receives the sewage sludge notice and necessary information to comply with this subchapter.
(m) The person who applies sewage sludge to the land shall provide the legal or equitable owner, or lease holder, of the land on which the sewage sludge is applied notice and necessary information to comply with this subchapter.
§ 271.914. Pollutant limits.
(a) Sewage sludge other than residential septage.
(1) Sewage sludge may not be applied to the land if the concentration of any pollutant in the sewage sludge exceeds the ceiling concentration for the pollutant in Table 1.
(2) If sewage sludge, other than sewage sludge that meets the criteria of § 271.911(b)(1) or (3) (relating to special requirements), is applied to agricultural land, forest, a public contact site or a reclamation site, the cumulative loading rate for each pollutant may not exceed the cumulative pollutant loading rate for the pollutant in Table 2.
(3) If sewage sludge is applied to a lawn or a home garden, the concentration of each pollutant in the sewage sludge may not exceed the concentration for the pollutant in Table 3.
(4) If sewage sludge is sold, given away or otherwise distributed, in a bag or other container for application to the land, the concentration of each pollutant in the sewage sludge may not exceed the concentration for the pollutant in Table 3.
(b) Tables.
(1) Ceiling concentrations.
[Continued on next Web Page]
No part of the information on this site may be reproduced for profit or sold for profit.This material has been drawn directly from the official Pennsylvania Bulletin full text database. Due to the limitations of HTML or differences in display capabilities of different browsers, this version may differ slightly from the official printed version.
