Subchapter C. GENERAL OPERATING REQUIREMENTS FOR THE LAND APPLICATION OF SEWAGE SLUDGE
GENERAL Sec.
275.201. General provisions.
275.202. Areas where the land application of sewage sludge is prohibited.
275.203. Limitations on land application of sewage sludge.
275.204. Storage of sewage sludge.
275.205. Erosion control.
275.206. Water quality protection.
275.207. Continuing analysis of sludge.
275.208. Permit area markers.
RECORDKEEPING AND REPORTING
275.221. Daily operational records.
275.222. Annual operation report.
Cross References This subchapter cited in 25 Pa. Code § 275.311 (relating to general requirements); and 25 Pa. Code § 275.411 (relating to general requirements).
GENERAL
§ 275.201. General provisions.
(a) A person or municipality may not land apply sewage sludge unless the person or municipality is operating under a permit for the land application of sewage sludge issued by the Department under this article.
(b) A person or municipality that land applies sewage sludge under a permit issued under this chapter shall comply with the following:
(1) The requirements of the act, this subchapter and the additional operating requirements for the specific type of operation that are in Subchapter D, E or F (relating to additional requirements for agricultural utilization; additional requirements for land reclamation; and additional requirements for surface land disposal).
(2) The plans and specifications in the permit, the terms and conditions of the permit, the environmental protection acts, this title and orders issued by the Department.
(3) The Department’s guidelines for the use of sewage sludge for agricultural utilization or land reclamation, unless the person or municipality is operating under a permit that allows use of the loading rate guidelines for land reclamation or surface land disposal, in which case the person or municipality shall comply with the applicable guidelines for the operation.
Authority The provisions of this § 275.201 amended under the Solid Waste Management Act (35 P. S. § § 6018.101—6018.1003); sections 5(b), 304 and 402 of The Clean Streams Law (35 P. S. § § 691.5(b), 691.304 and 691.402); the Municipal Waste Planning, Recycling and Waste Reduction Act (53 P. S. § § 4000.101—4000.1904); and sections 1917-A and 1920-A of The Administrative Code of 1929 (71 P. S. § § 510-17 and 510-20).
Source The provisions of this § 275.201 amended January 24, 1997, effective January 25, 1997, 27 Pa.B. 521. Immediately preceding text appears at serial page (162741).
§ 275.202. Areas where the land application of sewage sludge isprohibited.
Except for areas permitted by the Department prior to April 9, 1988, the land application of sewage sludge may not be conducted:
(1) Within 100 feet of an intermittent or perennial stream.
(2) Within 300 feet of a water source, unless otherwise approved by the Department, in writing.
(3) Within 1,000 feet upgradient of a surface water source unless otherwise approved by the Department, in writing.
(4) Within 25 feet of a bedrock outcrop.
(5) Within 50 feet of a property line within which the sludge is applied, unless otherwise approved by the Department, in writing.
(6) Within 100 feet of a sinkhole or area draining into a sinkhole.
(7) Within 25 feet of the perimeter of an undrained depression.
(8) In or within 100 feet of an exceptional value wetland as defined in § 105.17 (relating to wetlands).
Authority The provisions of this § 275.202 amended under the Solid Waste Management Act (35 P. S. § § 6018.101—6018.1003); sections 5(b), 304 and 402 of The Clean Streams Law (35 P. S. § § 691.5(b), 691.304 and 691.402); the Municipal Waste Planning, Recycling and Waste Reduction Act (53 P. S. § § 4000.101—4000.1904); and sections 1917-A and 1920-A of The Administrative Code of 1929 (71 P. S. § § 510-17 and 510-20).
Source The provisions of this § 275.202 amended January 24, 1997, effective January 25, 1997, 27 Pa.B. 521. Immediately preceding text appears at serial pages (162741) to (162742).
Cross References This section cited in 25 Pa. Code § 285.134 (relating to storage of sewage sludge in piles).
§ 275.203. Limitations on land application of sewage sludge.
(a) No sewage sludge may be applied to land where the regional groundwater table is less than 4 feet from the surface.
(b) No sewage sludge may be disposed or applied so as to adversely affect the food chain, cause odors or allow vectors.
(c) Prior to land application, sewage sludge shall be stabilized according to a method approved by the Department.
(d) Sewage sludge may not be applied to land where:
(1) Root vegetables or vegetables which are eaten raw are grown or will be grown within 2 years.
(2) Tobacco is grown or will be grown.
(e) Sewage sludge shall be applied to the soil surface or incorporated in a manner that prevents ponding or standing accumulations of liquid or sludge.
(f) No person or municipality may use spray irrigation equipment to apply sewage sludge unless the person has demonstrated to the Department in the permit application that the equipment will not cause aerosol transport offsite, and the Department has approved the equipment as part of the permit.
(g) Livestock may not be allowed to graze for at least 2 months after the application of sludge.
§ 275.204. Storage of sewage sludge.
No person or municipality may store sewage sludge on the site unless the sewage sludge is:
(1) Stabilized.
(2) Stored as part of the operator’s permit.
(3) Stored in a manner that is consistent with Chapter 285 Subchapter A (relating to storage of municipal waste).
Cross References This section cited in 25 Pa. Code § 275.221 (relating to daily operational records).
§ 275.205. Erosion control.
(a) The operator shall manage surface water and control erosion and sedimentation to meet the applicable requirements of Chapter 102 (relating to erosion and sediment control).
(b) For land reclamation, rills and gullies shall be filled, graded or otherwise stabilized and the area reseeded or replanted when rills or gullies deeper than 9 inches form in areas where sewage sludge has been applied or stored.
(c) For agricultural utilization and land disposal, rills and gullies shall be filled, graded or otherwise stabilized and, when necessary, the area reseeded or replanted, when rills or gullies deeper than 3 inches form in areas where sewage sludge has been applied or stored.
(d) The Department will require that rills or gullies of lesser size be stabilized and the area reseeded or replanted if the rills or gullies may result in additional erosion, sedimentation or pollution.
§ 275.206. Water quality protection.
(a) The operator may not cause or allow a point or nonpoint source discharge of pollution from or on the facility to surface waters of this Commonwealth.
(b) The facility shall be operated to prevent and control surface and groundwater pollution. An operator shall operate and maintain necessary surface and groundwater treatment facilities until surface or groundwater pollution from or on the facility has been permanently abated.
(c) The operator may not cause or allow pollution of groundwater within or outside of the site. The operator may not cause or allow a discharge of a contaminant into groundwater except as authorized by a permit from the Department.
§ 275.207. Continuing analysis of sludge.
(a) The operator shall submit to the Department a chemical analysis of the sewage sludge under § 275.104 (Reserved) every 4 months following the first application of sludge, unless the Department approves a different schedule in the permit.
(b) The operator shall perform and submit to the Department additional analyses if there has been a significant change in the quality of sludge.
(c) The Department may modify the approved sludge application rate if there has been a significant change in the quality of sludge.
§ 275.208. Permit area markers.
(a) Permit area markers shall:
(1) Be posted prior to, and maintained for the duration of, land application operations at the site.
(2) Be clearly visible, readable and uniform throughout land application operations.
(b) Permit area markers for the land disposal of sewage sludge shall also be permanently fixed and made of a durable material, and shall be maintained through the post closure care period.
RECORDKEEPING AND REPORTING
§ 275.221. Daily operational records.
(a) A person or municipality that disposes of sewage sludge by land application shall make and maintain an operational record for each day that the sludge is applied.
(b) The daily operational record, which shall be recorded on a form supplied by the Department, shall include the following:
(1) The type, percent solids and weight or volume of the sewage sludge disposed.
(2) The source from which the sewage sludge originated.
(3) The transporters of the sewage sludge.
(4) The particular map location of the area currently being used for land application of sewage sludge, and the areas where sewage sludge was previously applied.
(5) A record of deviations from the permit.
(6) General weather conditions during disposal.
(7) The application rate for sewage sludge.
(8) A record of actions taken to correct violations of the act, the environmental protection acts and this title.
(c) If sewage sludge is being stored at the site, the operator shall maintain, on forms provided by the Department, accurate operational records sufficient to determine whether the waste is being stored in accordance with § 275.204 (relating to storage of sewage sludge).
§ 275.222. Annual operation report.
(a) A person or municipality that applies sewage sludge to land under this chapter shall submit to the Department an annual operation report for each permitted facility on or before March 1 of each year.
(b) The annual operation report, which shall be submitted on a form supplied by the Department, shall include the following:
(1) The weight or volume of each type of sewage sludge received.
(2) The type, percent solids and weight or volume of sewage sludge received from each source from which the waste originated.
(3) A current certificate of insurance, as specified in § 271.374(a) (relating to proof of insurance coverage), evidencing continuous coverage for public liability insurance as required by § 271.371 (relating to insurance requirement).
(4) Changes in ownership of the land where the operation is conducted or a change in a lease agreement for the use of the land that may affect or alter the operator’s rights upon the lands.
(5) The annual groundwater monitoring evaluation if groundwater monitoring is required by the Department.
(6) For agricultural utilization and land disposal facilities which have received sludge in the calendar year, a chemical analysis of soil for each soil series at the facility for pH, phosphorus, cadmium, zinc, copper, nickel, lead, chromium and mercury unless otherwise specified by the Department in the permit. The procedure for soil sampling and analysis shall be consistent with the Department guidelines.
(7) For land disposal of sewage sludge, a written update of the total bond liability for the facility under § 271.331 (relating to bond and trust amount determination). If additional bond is determined to be necessary, it shall be submitted to the Department within 90 days after the annual report is due.
(c) The annual operation report shall also contain a topographic map of the same scale and contour interval as the map required under § 275.103 (Reserved), showing the field boundaries where sewage sludge has been applied.
(d) The annual operation report shall be accompanied by a nonrefundable annual permit administration fee in the form of a check payable to the ‘‘Commonwealth of Pennsylvania’’ for the following amounts:
(1) Two hundred dollars for the agricultural utilization of sewage sludge.
(2) One thousand one hundred dollars for land reclamation and land disposal.
Cross References This section cited in 25 Pa. Code § 271.411 (relating to when a penalty will be assessed); and 25 Pa. Code § 275.418 (relating to soil analysis).
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