By: Sims S.B. No. 977
A BILL TO BE ENTITLED
AN ACT
1-1 relating to the beneficial land application of biosolids.
1-2 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-3 SECTION 1. Sections 361.003(37) and 361.003(38), Health and
1-4 Safety Code is amended to read as follows:
1-5 (37) This subdivision expires on delegation of the
1-6 Resource Conservation and Recovery Act authority to the Railroad
1-7 Commission of Texas. Subject to the limitations of 42 U.S.C.
1-8 Section 6903(27) and 40 C.F.R. Section 261.4(a), "solid waste"
1-9 means garbage, rubbish, refuse, sludge from a waste treatment
1-10 plant, water supply treatment plant, or air pollution control
1-11 facility, and other discarded material, including solid, liquid,
1-12 semisolid, or contained gaseous material resulting from industrial,
1-13 municipal, commercial, mining, and agricultural operations and from
1-14 community and institutional activities. The term:
1-15 (A) does not include:
1-16 (i) solid or dissolved material in
1-17 domestic sewage, or solid or dissolved material in irrigation
1-18 return flows, or industrial discharges subject to regulation by
1-19 permit issued under Chapter 26, Water Code;
1-20 (ii) soil, dirt, rock, sand, and other
1-21 man-made inert solid materials used to fill land if the object of
1-22 the fill is to make the land suitable for the construction of
1-23 surface improvements; or
2-1 (iii) waste materials that result from
2-2 activities associated with the exploration, development, or
2-3 production of oil or gas or geothermal resources and other
2-4 substance or material regulated by the Railroad Commission of Texas
2-5 under Section 91.101, Natural Resources Code, unless the waste,
2-6 substance, or material results from activities associated with
2-7 gasoline plants, natural gas or natural gas liquids processing
2-8 plants, pressure maintenance plants, or repressurizing plants and
2-9 is hazardous waste as defined by the administrator of the United
2-10 States Environmental Protection Agency under the federal Solid
2-11 Waste Disposal Act, as amended by the Resource Conservation and
2-12 Recovery Act, as amended (42 U.S.C. Section 6901 et seq.); or
2-13 (iv) sewage sludge which has been
2-14 processed or treated to meet the definition of exceptional quality
2-15 biosolids as defined by Section 374.009(l); and
2-16 (B) does not include hazardous substances, for
2-17 the purposes of Sections 361.271 through 361.277, 261.280, and
2-18 361.343 through 361.345.
2-19 (38) This subdivision is effective on delegation of
2-20 the Resource Conservation and Recovery Act authority to the
2-21 Railroad Commission of Texas. Subject to the limitations of 42
2-22 U.S.C. Section 6903(27) and 40 C.F.R. Section 261.4(a), "solid
2-23 waste" means garbage, rubbish, refuse, sludge from a waste
2-24 treatment plant, water supply treatment plant, or air pollution
2-25 control facility, and other discarded material, including solid,
3-1 liquid, semisolid, or contained gaseous material resulting from
3-2 industrial, municipal, commercial, mining, and agricultural
3-3 operations and from community and institutional activities. The
3-4 term:
3-5 (A) does not include:
3-6 (i) solid or dissolved material in
3-7 domestic sewage, or solid or dissolved material in irrigation
3-8 return flows, or industrial discharges subject to regulation by
3-9 permit issued under Chapter 26, Water Code;
3-10 (ii) soil, dirt, rock, sand, and other
3-11 man-made inert solid materials used to fill land if the object of
3-12 the fill is to make the land suitable for the construction of
3-13 surface improvements; <or>
3-14 (iii) waste materials that result from
3-15 activities associated with the exploration, development, or
3-16 production of oil or gas or geothermal resources and other
3-17 substance or material regulated by the Railroad Commission of Texas
3-18 under Section 91.101, Natural Resources Code; or
3-19 (iv) sewage sludge which has been
3-20 processed or treated to meet the definition of exceptional quality
3-21 biosolids as defined by Section 374.009(l); and
3-22 (B) does not include hazardous substances, for
3-23 the purposes of Sections 361.271 through 361.277, 261.280, and
3-24 361.343 through 361.345.
3-25 SECTION 2. Sections 361.022(c) and 361.022(d), Health and
4-1 Safety Code, are amended to read as follows:
4-2 (c) For municipal sludge, the following methods are
4-3 preferred, in the order listed:
4-4 (1) source reduction and minimization of <sludge
4-5 production and> heavy metals and other toxins in sludge;
4-6 (2) treatment of sludge to reduce pathogens and
4-7 generate useable biosolids as defined in Section 374.009(c), Health
4-8 & Safety Code to <and> recover energy, produce beneficial
4-9 by-products, <or reduce the quantity of sludge; (3) marketing and
4-10 distribution of sludge and sludge products if the marketing and
4-11 distribution do not threaten public health, safety, or the
4-12 environment; (4)> or apply<ing> the biosolids <sludge> to land for
4-13 beneficial use;
4-14 (3) <(5)> land treatment; or
4-15 (4) <(6)> landfilling and non-beneficial incineration.
4-16 (d) In adopting rules to implement public policy concerning
4-17 municipal solid waste management, the commission <board of health>
4-18 shall consider the preference of municipal solid waste management
4-19 methods under this section.
4-20 SECTION 3. Health and Safety Code is amended by adding a new
4-21 Chapter 374 to read as follows:
4-22 CHAPTER 374. BENEFICIAL LAND APPLICATION OF BIOSOLIDS.
4-23 SUBCHAPTER A--GENERAL PROVISIONS
4-24 Sec. 374.001. Purpose and applicability. (a) Purpose.
4-25 This chapter establishes standards, which consist of general
5-1 requirements, pollutant limits, management practices, and
5-2 operational standards, for the final use or disposal through
5-3 beneficial land application of sewage sludge generated during the
5-4 treatment of domestic sewage in a treatment works. Standards are
5-5 included in this chapter only for biosolids applied to the land,
5-6 which sludge has been treated to biosolids quality. Also included
5-7 in this chapter are pathogen and alternative vector attraction
5-8 reduction requirements for biosolids applied to the land at or
5-9 below an agronomic rate.
5-10 In addition, the standards in this chapter include the
5-11 frequency of monitoring and recordkeeping requirements when
5-12 biosolids are applied to the land.
5-13 (b) Applicability. (1) This chapter applies to any person
5-14 who prepares sewage sludge, or applies biosolids to the land.
5-15 (2) This chapter applies to biosolids applied to the
5-16 land.
5-17 (3) This chapter applies to land where biosolids are
5-18 applied.
5-19 Sec. 374.002. Permits. Except as expressly provided by this
5-20 chapter, the only permits required for biosolids regulated by this
5-21 chapter are those: (1) issued to a "treatment works treating
5-22 domestic sewage", as defined in 40 CFR 122.2, in accordance with 40
5-23 CFR Parts 122 and 124 by EPA or (2) issued under Subtitle C of the
5-24 Solid Waste Disposal Act; Part C of the Safe Drinking Water Act;
5-25 the Marine Protection, Research, and Sanctuaries Act of 1972; or
6-1 the Clean Air Act. "Treatment works treating domestic sewage"
6-2 shall submit a permit application to the EPA in accordance with 40
6-3 CFR 122.21.
6-4 Sec. 374.003. Registrations and Direct Enforceability.
6-5 Except as provided by this section, persons desiring to
6-6 beneficially apply biosolids to land shall apply to the commission
6-7 for a registration. No registration shall be required for
6-8 marketing, distribution or land application of exceptional quality
6-9 biosolids as defined in Section 374.009 which meets the
6-10 requirements of pathogen reduction in Section 374.032(a).
6-11 (1) An application form shall only request such
6-12 information as may be required for an applicant to provide
6-13 information to the commission to show that the applicant will
6-14 comply with this chapter and to allow the commission to reasonably
6-15 enforce this chapter.
6-16 (2) The commission shall review an application to
6-17 determine if it is administratively complete within 10 days from
6-18 the date the commission receives the application. The commission
6-19 may not revoke a finding of administrative completeness.
6-20 (3) If the commission determines an application is not
6-21 administratively complete, the commission shall mail the applicant
6-22 a notice of deficiency which sets forth any deficiency in the
6-23 application. An applicant shall have 30 days from the date the
6-24 commission mails the notice of deficiency in which to respond to
6-25 the commission, and the commission must send any additional notices
7-1 of deficiency within 10 days from the date the commission receives
7-2 a response to a prior deficiency. The commission may only have one
7-3 notice of deficiency pending per application site at any one time,
7-4 and any supplemental notices of deficiency may only address
7-5 applicant's response to the previous notice of deficiency.
7-6 (4) At the time an application for a new beneficial
7-7 land application project becomes administratively complete, the
7-8 commission shall mail a copy of the application to the county judge
7-9 of the county in which the project is proposed to be located, and
7-10 shall mail written notice of the application to all persons shown
7-11 in the current records of the appraisal district as of the date of
7-12 administrative completeness to be the owners of the property
7-13 immediately adjacent to the property proposed to be registered.
7-14 That notice shall read as follows: "(Commission to insert name of
7-15 applicant) has filed an application with the Texas Natural Resource
7-16 Conservation Commission (Commission) to apply treated biosolids to
7-17 the property owned by (name of owner) located at (commission to
7-18 insert address or other description sufficient to describe the
7-19 location of the application site). The proper beneficial
7-20 application of biosolids treated in accordance with state and
7-21 federal regulations has proven to be an effective and safe method
7-22 of providing for soil conditioning and fertilization. The
7-23 Commission will review the application to determine whether the
7-24 applicant and the site can meet the requirements of Chapter 374 of
7-25 the Health and Safety Code. As part of this review, the Commission
8-1 will hold a public meeting with interested parties, including the
8-2 applicant, if you request the meeting. If you desire a public
8-3 meeting, please write your request to (commission to insert name,
8-4 title, and address of contact person) on or before (commission to
8-5 insert 10 days from date notice is mailed) and identify the request
8-6 as being for a public meeting regarding the beneficial land
8-7 application of (commission to insert applicant's name). Should you
8-8 desire to review the application, a copy of the application is
8-9 located at your county judge's office, and also at our offices in
8-10 Austin. If you should have any questions or concerns, please
8-11 contact (commission to insert name, title, address and telephone of
8-12 commission contact person)." The notice shall also include
8-13 literature from the commission which sets forth the benefits of
8-14 beneficial land application and informs the public that beneficial
8-15 land application projects which comply with the provisions of this
8-16 chapter are safe. The public meeting shall be held no less than
8-17 twenty days and no more than sixty days from the date the
8-18 application becomes administratively complete, and shall be held in
8-19 the county in which the site will be located; if the site is in
8-20 more than one county, the meeting shall be held in the county in
8-21 which the majority of the application site is located.
8-22 (5) The commission shall grant a registration
8-23 application within 75 days from the date the application is
8-24 administratively complete if the applicant is in compliance with
8-25 this chapter.
9-1 (6) All notices from the commission, except to county
9-2 judges and adjacent and nearby property owners, must be sent by
9-3 certified mail, return receipt requested.
9-4 (7) Site registration information on file with the
9-5 commission shall be confirmed or updated, in writing, whenever:
9-6 (i) the mailing address and/or telephone
9-7 number of the owner or operator is changed;
9-8 (ii) requested by the executive director;
9-9 or
9-10 (iii) the source of the biosolids is
9-11 modified.
9-12 (8) Registrations shall be automatically renewed every
9-13 five years from the date the initial registration is granted as
9-14 long as the registrant remains in compliance with this Chapter.
9-15 (9) Registrations may be transferred upon joint
9-16 request to the Commission by the owner and operator with written
9-17 approval from the executive director.
9-18 (c) Except as provided by Section 374.005, the commission
9-19 shall not adopt or impose any rule, procedure, form, policy or
9-20 guideline, whether written or unwritten, which has the effect of
9-21 imposing a more stringent requirement for the beneficial land
9-22 application of biosolids than set forth in this chapter. The
9-23 commission may adopt procedural rules and forms to implement this
9-24 chapter. Any agency rules which exceed the agency's express
9-25 authority and limitations under this chapter or against the intent
10-1 of this chapter shall not be valid or enforceable unless this
10-2 chapter is prompted by federal requirements. This subsection shall
10-3 not be interpreted to prohibit the commission from enforcing the
10-4 provisions of this chapter, imposing fees as set forth in section
10-5 361.013 of the Health and Safety Code, or in regulating other
10-6 aspects of sewage sludge or biosolids such as transportation,
10-7 surface disposal, or incineration.
10-8 (d) Direct enforceability. No person shall use or dispose
10-9 of sewage sludge or biosolids through any practice for which
10-10 requirements are established in this chapter except in accordance
10-11 with such requirements.
10-12 Sec. 374.004. Relationship to other regulations. Disposal
10-13 of sewage sludge in a municipal waste landfill unit, as defined in
10-14 40 CFR 258.2, that complies with the requirements in 40 CFR part
10-15 258 constitutes compliance with Section 405(d) of the CWA. Any
10-16 person who prepares sewage sludge that is disposed in a municipal
10-17 solids waste landfill unit shall ensure that the sewage sludge or
10-18 water treatment sludge meets the requirements in 40 CFR Part 258
10-19 concerning the quality of materials disposed of in a municipal
10-20 solid waste landfill.
10-21 Sec. 374.005. Additional or more stringent requirements. On
10-22 a case-by-case basis, the commission may impose requirements for
10-23 the use or disposal of biosolids in addition to or more stringent
10-24 than the requirements in this chapter when necessary to protect
10-25 public health and the environment from any documented, demonstrable
11-1 adverse effect of a pollutant in the biosolids.
11-2 Sec. 374.006. Exclusions. (a) Treatment processes. This
11-3 chapter does not establish requirements for processes used to treat
11-4 domestic sewage or for processes used to treat sewage sludge prior
11-5 to final use or disposal, except as provided in Section 374.032 and
11-6 Section 374.033.
11-7 (b) Selection of a use or disposal practice. This chapter
11-8 does not require the selection of a sewage sludge use or disposal
11-9 practice. The determination of the manner in which sewage sludge
11-10 is used or disposed is a local determination.
11-11 (c) Sludge generated at an industrial facility. This
11-12 chapter does not establish requirements for the use or disposal of
11-13 sludge generated at an industrial facility during the treatment of
11-14 industrial wastewater, including sewage sludge generated during the
11-15 treatment of industrial wastewater combined with domestic sewage.
11-16 (d) Hazardous sewage sludge. This chapter does not
11-17 establish requirements for the use or disposal of sewage sludge
11-18 determined to be hazardous in accordance with 40 CFR Part 261 or
11-19 Section 361.003(14), Health and Safety Code.
11-20 (e) Sewage sludge with high PCB concentration. This chapter
11-21 does not establish requirements for the use or disposal of sewage
11-22 sludge with a concentration of polychlorinated biphenyls (PCBs)
11-23 equal to or greater than 50 milligrams per kilogram of total solids
11-24 (dry weight basis).
11-25 (f) Incinerator ash. This chapter does not establish
12-1 requirements for the use or disposal of ash generated during the
12-2 firing of sewage sludge in a sewage sludge incinerator.
12-3 (g) Grit and screenings. This chapter does not establish
12-4 requirements for the use or disposal of grit (e.g., sand, gravel,
12-5 cinders, or other materials with a high specific gravity) or
12-6 screenings (e.g., relatively large materials such as rags)
12-7 generated during preliminary treatment of domestic sewage in a
12-8 treatment works.
12-9 (h) Drinking water treatment sludge. This chapter does not
12-10 establish requirements for the use or disposal of sludge generated
12-11 during the treatment of either surface water or ground water used
12-12 for drinking water.
12-13 (i) Commercial and industrial septage. This chapter does
12-14 not establish requirements for the use or disposal of commercial
12-15 septage, industrial septage, a mixture of domestic septage and
12-16 commercial septage, or a mixture of domestic septage and industrial
12-17 septage.
12-18 (j) Experimental use shall be excluded from the requirements
12-19 of this chapter, provided the following conditions are met at the
12-20 time the biosolids are placed on a beneficial use site or
12-21 reclamation site.
12-22 (1) The metal ceilings established in Section 374.013
12-23 (Table 3) of this title (relating to Metal Limits) shall be met;
12-24 (2) One of the vector attraction reduction
12-25 alternatives in Section 374.033(b)(1) - (11) of this title shall be
13-1 met;
13-2 (3) The pathogen reduction compliance requirements
13-3 established in Section 374.032(a) or (b) shall be met;
13-4 (4) The applicant shall receive written approval from
13-5 the executive director prior to commencement of operations for the
13-6 experimental project; and
13-7 (5) The applicant shall submit to the executive
13-8 director the aims and goals of the project and any other additional
13-9 information the executive director believes necessary to establish
13-10 the experimental nature of the project.
13-11 Sec. 374.007. Requirement for a person who prepares sewage
13-12 sludge. Any person who prepares sewage sludge shall ensure that
13-13 the applicable requirements in this chapter are met when the
13-14 biosolids are applied to the land.
13-15 Sec. 374.008. Sampling and analysis. (a) Sampling and
13-16 Analysis. Representative samples of biosolids that are applied to
13-17 the land shall be collected and analyzed.
13-18 (b) Methods. The materials listed below are incorporated by
13-19 reference in this chapter. The materials are incorporated as they
13-20 exist on the date of approval, and the commission shall maintain
13-21 copies of these materials available for public inspection. The
13-22 commission shall publish any updates to these materials in the
13-23 Texas Register. Methods in the materials listed below shall be
13-24 used to analyze samples of sewage sludge and calculation procedures
13-25 in the materials shall be used to calculate the percent volatile
14-1 solids reduction for sewage sludge.
14-2 (1) Enteric viruses - ASTM Designation: D 4994-89,
14-3 "Standard Practice for Recovery of Viruses from Wastewater
14-4 Sludges," Annual Book of ASTM Standards: Section 11 - Water and
14-5 Environmental Technology, ASTM, Philadelphia, PA., 1992.
14-6 (2) Fecal coliform - Part 9221 E. or Part 9222 D.,
14-7 "Standard Methods for the Examination of Water and Wastewater,"
14-8 18th Edition, American Public Health Association, Washington, D.C.,
14-9 1992.
14-10 (3) Helminth ova - Yanko, W.A., "Occurrence of
14-11 Pathogens in Distribution and Marketing Municipal Sludges," EPA
14-12 600/1-87-014, 1987. PB 88-154273/AS, National Technical
14-13 Information Service, Springfield, Virginia.
14-14 (4) Inorganic pollutants - "Test Methods for
14-15 Evaluating Solid Waste, Physical/Chemical Methods," EPA Publication
14-16 SW-846, Second Edition (1982) with Updates I and II and Third
14-17 Edition (1986) with Revision I. Second Edition - PB87-120-291,
14-18 National Technical Information Service, Springfield, Virginia.
14-19 Third Edition - Document number 955-001-00000-1, Superintendent of
14-20 Documents, Government Printing Office, Washington, D.C.
14-21 (5) Salmonella sp. bacteria - Part 9260 D., "Standard
14-22 Methods for the Examination of Water and Wastewater," 18th Edition,
14-23 American Public Health Association, Washington, D.C., 1992; or
14-24 Kenner, B. A. and H. P. Clark, "Detection and enumeration of
14-25 Salmonella and Pseudomonas aeruginosa," J. Water Pollution Control
15-1 Federation, 46(9):2163-2171, 1974.
15-2 (6) Specific oxygen uptake rate - Part 2710 B.,
15-3 "Standard Methods for the Examination of Water and Wastewater,"
15-4 18th Edition, American Public Health Association, Washington, D.C.,
15-5 1992.
15-6 (7) Total, fixed, and volatile solids - Part 2540 G.,
15-7 "Standard Methods for the Examination of Water and Wastewater,"
15-8 18th Edition, American Public Health Association, Washington, D.C.,
15-9 1992.
15-10 (8) Percent volatile solids reduction
15-11 calculation - "Environmental Regulations and Technology - Control
15-12 of Pathogens and Vectors in Sewage Sludge," EPA-625/R-92/013, U.S.
15-13 Environmental Protection Agency, Cincinnati, Ohio, 1992.
15-14 (c) Soil samples. At the time the applicant applies to the
15-15 commission for a new or renewal registration, the applicant shall
15-16 provide the commission with soil samples to determine the
15-17 background levels of the pollutants set forth in Section 374.013 in
15-18 the top six inches of the soil as provided by this section. In the
15-19 event of a registration renewal, an applicant shall be required to
15-20 provide the commission with test results only on registered areas
15-21 which have been applied with biosolids during the previous five
15-22 years.
15-23 (1) The applicant shall provide to the commission the
15-24 test results of one composite soil sample (based on ten random soil
15-25 samples) per land management unit, provided that at least one
16-1 random soil sample is provided for each 1,000 acres of the proposed
16-2 registration site.
16-3 (2) If no soil survey map exists for the proposed
16-4 registration site, the applicant may either:
16-5 (i) contract with the United States
16-6 Department of Agriculture, Natural Resources Conservation Service
16-7 to prepare soil survey maps for the area and provide to the
16-8 commission the test results as set forth in Subsection (c)(1); or
16-9 (ii) provide one composite soil test for
16-10 every 80 acres of the proposed registration site.
16-11 Sec. 374.009. GENERAL DEFINITIONS. (a) "Apply biosolids or
16-12 biosolids applied to the land" means land application of biosolids.
16-13 (b) "Base flood" is a flood that has a one percent chance of
16-14 occurring in any given year (i.e., a flood with a magnitude
16-15 equalled once in 100 years).
16-16 (c) "Biosolids" means sewage sludge that has been treated to
16-17 a Class A or Class B pathogen reduction standard, that at least
16-18 meets the pollutant concentrations set forth in Table 1 of Section
16-19 374.013, and meets one of the vector attraction reduction methods
16-20 in Sections 374.033(b)(1) through Section 374.033(b)(10).
16-21 (d) "Class I sludge management facility" is any publicly
16-22 owned treatment works (POTW), as defined in 40 CFR 501.2, required
16-23 to have an approved pretreatment program under 40 CFR 403.8(a) and
16-24 any treatment works treating domestic sewage, as defined in 40 CFR
16-25 122.2, classified as a Class I sludge management facility by the
17-1 EPA Regional Administrator, or, in the case of National Pollutant
17-2 Discharge Elimination System delegation, the U.S. Environmental
17-3 Protection Agency Regional Administrator in conjunction with the
17-4 executive director, because of the potential for its sewage sludge
17-5 use or disposal practice to affect public health and the
17-6 environment adversely.
17-7 (e) "Commission" means the Texas Natural Resource
17-8 Conservation Commission.
17-9 (f) "Cover crop" is a small grain crop, such as oats, wheat,
17-10 or barley, not grown for harvest.
17-11 (g) "CWA" means the Clean Water Act (formerly referred to as
17-12 either the Federal Water Pollution Act or the Federal Water
17-13 Pollution Control Act Amendments of 1972), Pub. L. 92-500, as
17-14 amended by Pub. L. 95-217, Pub. L. 95-576, Pub. L. 96-483, Pub. L.
17-15 97-117, and Pub. L. 100-4.
17-16 (h) "Domestic septage" is either liquid or solid material
17-17 removed from a septic tank, cesspool, portable toilet, Type III
17-18 marine sanitation device, or similar treatment works that receives
17-19 only domestic sewage. Domestic septage does not include liquid or
17-20 solid material removed from a septic tank, cesspool, or similar
17-21 treatment works that receives either commercial wastewater or
17-22 industrial wastewater and does not include grease removed from a
17-23 grease trap at a restaurant.
17-24 (i) "Domestic sewage" is waste and wastewater from humans or
17-25 household operations that is discharged to or otherwise enters a
18-1 treatment works.
18-2 (j) "Dry weight basis" means calculated on the basis of
18-3 having been dried at 105 degrees Celsius until reaching a constant
18-4 mass (i.e., essentially 100 percent solids content).
18-5 (k) "EPA" means the United States Environmental Protection
18-6 Agency.
18-7 (l) "Exceptional quality biosolids" means biosolids which
18-8 have been treated to meet the pathogen reduction requirements of
18-9 Section 374.032(a), the pollutant concentrations of Section
18-10 374.013(b)(3), and one of the vector attraction reduction methods
18-11 of Section 374.033(b)(1) through Section 374.033(b)(8).
18-12 (m) "Executive director" means the executive director of the
18-13 Texas Natural Resource Conservation Commission.
18-14 (n) "Feed crops" are crops produced primarily for
18-15 consumption by animals.
18-16 (o) "Fiber crops" are crops such as flax and cotton.
18-17 (p) "Food crops" are crops consumed by humans. These
18-18 include, but are not limited to, fruits, vegetables, and tobacco.
18-19 (q) "Ground water" is water below the land surface in the
18-20 saturated zone.
18-21 (r) "Industrial wastewater" is wastewater generated in a
18-22 commercial or industrial process.
18-23 (s) "Land management unit" means a tract of land on which
18-24 similar management practices are being used.
18-25 (t) "Municipality" means a city, town, borough, county,
19-1 parish, district, association, or other public body (including an
19-2 intermunicipal agency of two or more of the foregoing entities)
19-3 created by or under state law; an Indian tribe or an authorized
19-4 Indian tribal organization having jurisdiction over sewage sludge
19-5 management; or a designated and approved management agency under
19-6 Section 208 of the CWA, as amended. The definition includes a
19-7 special district created under state law, such as a water district,
19-8 sewer district, sanitary district, utility district, drainage
19-9 district, or similar entity, or an integrated waste management
19-10 facility as defined in Section 201(e) of the CWA, as amended, that
19-11 has as one of its principal responsibilities the treatment,
19-12 transport, use, or disposal of sewage sludge.
19-13 (u) "Permitting authority" is either EPA or a state with an
19-14 EPA-approved sludge management program.
19-15 (v) "Person" is an individual, association, partnership,
19-16 corporation, municipality, state or federal agency, or an agent or
19-17 employee thereof.
19-18 (w) "Person who prepares sewage sludge" is either the person
19-19 who generates sewage sludge during the treatment of domestic sewage
19-20 in a treatment works or the person who derives a material from
19-21 sewage sludge.
19-22 (x) "Place sewage sludge or sewage sludge placed" means
19-23 disposal of sewage sludge on a surface disposal site.
19-24 (y) "Pollutant" is an organic substance, an inorganic
19-25 substance, a combination of organic and inorganic substances, or a
20-1 pathogenic organism that, after discharge and upon exposure,
20-2 ingestion, inhalation, or assimilation into an organism either
20-3 directly from the environment or indirectly by ingestion through
20-4 the food chain, could, on the basis of information available to the
20-5 executive director, cause death, disease, behavioral abnormalities,
20-6 cancer, genetic mutations, physiological malfunctions (including
20-7 malfunction in reproduction), or physical deformations in either
20-8 organisms or offspring of the organisms.
20-9 (z) "Pollutant limit" is a numerical value that describes
20-10 the amount of a pollutant allowed per unit amount of sewage sludge
20-11 (e.g., milligrams per kilogram of total solids); the amount of a
20-12 pollutant that can be applied to a unit area of land (e.g.,
20-13 kilograms per hectare); or the volume of a material that can be
20-14 applied to a unit area of land (e.g., gallons per acre).
20-15 (aa) "Runoff" is rainwater, leachate, or other liquid that
20-16 drains overland on any part of a land surface and runs off of the
20-17 land surface.
20-18 (bb) "Sewage sludge" is solid, semi-solid, or liquid residue
20-19 generated during the treatment of domestic sewage in a treatment
20-20 works. Sewage sludge includes, but is not limited to, biosolids,
20-21 domestic septage; scum or solids removed in primary, secondary, or
20-22 advanced wastewater treatment processes; and a material derived
20-23 from sewage sludge. Sewage sludge does not include ash generated
20-24 during the firing of sewage sludge in a sewage sludge incinerator
20-25 or grit and screenings generated during preliminary treatment of
21-1 domestic sewage in a treatment works.
21-2 (cc) "Soil survey map" means a map showing soils
21-3 delineations by the United States Department of Agriculture,
21-4 Natural Resources Conservation Service, as part of the National
21-5 Cooperative Soil Survey.
21-6 (dd) "State" means the State of Texas.
21-7 (ee) "Store or storage of sewage sludge" is the placement of
21-8 sewage sludge on land on which the sewage sludge remains for two
21-9 years or less. This does not include the placement of sewage
21-10 sludge on land for treatment.
21-11 (ff) "Treat or treatment of sewage sludge" is the
21-12 preparation of sewage sludge for final use or disposal. This
21-13 includes, but is not limited to, thickening, stabilization, and
21-14 dewatering of sewage sludge. This does not include storage of
21-15 sewage sludge.
21-16 (dd) "Treatment works" is either a Federally owned, publicly
21-17 owned, or privately owned device or system used to treat (including
21-18 recycle and reclaim) either domestic sewage or a combination of
21-19 domestic sewage and industrial waste of a liquid nature.
21-20 (ee) "Wetlands" means those areas that are inundated or
21-21 saturated by surface water or ground water at a frequency and
21-22 duration to support, and that under normal circumstances do
21-23 support, a prevalence of vegetation typically adapted for life in
21-24 saturated soil conditions. Wetlands generally include swamps,
21-25 marshes, bogs, and similar areas.
22-1 SUBCHAPTER B--LAND APPLICATION
22-2 Sec. 374.010. Applicability. (a) This subchapter applies
22-3 to any person who prepares sewage sludge that is applied to the
22-4 land, to any person who applies biosolids to the land, to biosolids
22-5 applied to the land, and to the land on which biosolids are
22-6 applied.
22-7 (b)(1) The general requirements in Section 374.012 and the
22-8 management practices in Section 374.014 do not apply when bulk
22-9 biosolids are applied to the land if the bulk biosolids are
22-10 exceptional quality biosolids.
22-11 (2) The executive director may apply any or all of the
22-12 general requirements in Section 374.012 and the management
22-13 practices in Section 374.014 to the bulk biosolids in Section
22-14 374.010(b)(1) on a case-by-case basis after determining that the
22-15 general requirements or management practices are needed to protect
22-16 public health and the environment from any reasonably anticipated
22-17 adverse effect that may occur from any pollutant in the bulk
22-18 biosolids.
22-19 (c)(1) The general requirements in Section 374.012 and the
22-20 management practices in Section 374.014 do not apply when a bulk
22-21 material derived from sewage sludge is applied to the land if the
22-22 derived bulk material meets the pollutant concentrations in Section
22-23 374.013(b)(3), the Class A pathogen requirements in Section
22-24 374.032(a), and one of the vector attraction reduction requirements
22-25 in Section 374.033(b)(1) through Section 374.033(b)(8).
23-1 (2) The executive director may apply any or all of the
23-2 general requirements in Section 374.012 or the management practices
23-3 in Section 374.014 to the bulk material in Section 374.010(c)(1) on
23-4 a case-by-case basis after determining that the general
23-5 requirements or management practices are needed to protect public
23-6 health and the environment from any reasonably anticipated adverse
23-7 effect that may occur from any pollutant in the bulk biosolids.
23-8 (d) The requirements in this subchapter do not apply when a
23-9 bulk material derived from sewage sludge is applied to the land if
23-10 the biosolids from which the bulk material is derived meets the
23-11 pollutant concentrations in Section 374.013(b)(3), the Class A
23-12 pathogen requirements in Section 374.032(a), and one of the vector
23-13 attraction reduction requirements in Section 374.033(b)(1) through
23-14 Section 374.033(b)(8).
23-15 (e) The general requirements in Section 374.012 and the
23-16 management practices in Section 374.014 do not apply when biosolids
23-17 are sold or given away in a bag or other container for application
23-18 to the land if the biosolids sold or given away in a bag or other
23-19 container for application to the land meet the pollutant
23-20 concentrations in Section 374.013(b)(3), the Class A pathogen
23-21 requirements in Section 374.032(a), and one of the vector
23-22 attraction reduction requirements in Section 374.033(b)(1) through
23-23 Section 374.033(b)(8).
23-24 (f) The general requirements in Section 374.012 and the
23-25 management practices in Section 374.014 do not apply when a
24-1 material derived from sewage sludge is sold or given away in a bag
24-2 or other container for application to the land if the derived
24-3 material meets the pollutant concentrations in Section
24-4 374.013(b)(3), the Class A pathogen requirements in Section
24-5 374.032(a), and one of the vector attraction reduction requirements
24-6 in Section 374.033(b)(1) through Section 374.033(b)(8).
24-7 (g) The requirements in this subchapter do not apply when a
24-8 material derived from sewage sludge is sold or given away in a bag
24-9 or other container for application to the land if the sewage sludge
24-10 from which the material is derived meets the pollutant
24-11 concentrations in Section 374.013(b)(3), the Class A pathogen
24-12 requirements in Section 374.032(a), and one of the vector
24-13 attraction reduction requirements in Section 374.033(b)(1) through
24-14 Section 374.033(b)(8).
24-15 Sec. 374.011. Special definitions. (a) "Agricultural land"
24-16 is land on which a food crop, a feed crop, or a fiber crop is
24-17 grown. This includes range land and land used as pasture.
24-18 (b) "Agronomic rate" is the whole biosolids application rate
24-19 (dry weight basis) designed: (1) to provide the amount of nitrogen
24-20 needed by the food crop, feed crop, fiber crop, cover crop, or
24-21 vegetation grown on the land and (2) to minimize the amount of
24-22 nitrogen in the biosolids that pass below the root zone of the crop
24-23 or vegetation grown on the land to the ground water.
24-24 (c) "Annual pollutant loading rate" is the maximum amount of
24-25 a pollutant that can be applied to a unit area of land during a 365
25-1 day period.
25-2 (d) "Annual whole biosolids application rate" is the maximum
25-3 amount of biosolids (dry weight basis) that can be applied to a
25-4 unit area of land during a 365 day period.
25-5 (e) "Bulk biosolids" is biosolids that are not sold or given
25-6 away in a bag or other container for application to the land.
25-7 (f) "Cumulative pollutant loading rate" is the maximum
25-8 amount of an inorganic pollutant that can be applied to an area of
25-9 land.
25-10 (g) "Forest" is a tract of land thick with trees and
25-11 underbrush.
25-12 (h) "Land application" is the spraying or spreading of
25-13 biosolids onto the land surface; the injection of biosolids below
25-14 the land surface; or the incorporation of biosolids into the soil
25-15 so that the biosolids can either condition the soil or fertilize
25-16 crops or vegetation grown in the soil.
25-17 (i) "Monthly average" is the arithmetic mean of all
25-18 measurements taken during the month.
25-19 (j) "Other container" is either an open or closed
25-20 receptacle. This includes, but is not limited to, a bucket, a box,
25-21 a carton, and a vehicle or trailer with a load capacity of one
25-22 metric ton or less.
25-23 (k) "Pasture" is land on which animals feed directly on feed
25-24 crops such as legumes, grasses, grain stubble, or stover.
25-25 (l) "Public contact site" is land with a high potential for
26-1 contact by the public. This includes, but is not limited to,
26-2 public parks, ball fields, cemeteries, plant nurseries, turf farms,
26-3 and golf courses.
26-4 (m) "Range land" is open land with indigenous vegetation.
26-5 (n) "Reclamation site" is drastically disturbed land that is
26-6 reclaimed using sewage sludge. This includes, but is not limited
26-7 to, strip mines and construction sites.
26-8 Sec. 374.012. General requirements. (a) No person shall
26-9 apply biosolids to the land except in accordance with the
26-10 requirements in this subchapter.
26-11 (b) No person shall apply bulk biosolids subject to the
26-12 cumulative pollutant loading rates in Section 374.013(b)(2) to
26-13 agricultural land, forest, a public contact site, or a reclamation
26-14 site if any of the cumulative pollutant loading rates in Section
26-15 374.013(b)(2) has been reached.
26-16 (c) No person shall apply domestic septage to agricultural
26-17 land, forest, or a reclamation site during a 365 day period if the
26-18 annual application rate in Section 374.013(c) has been reached
26-19 during that period.
26-20 (d) The person who prepares bulk biosolids that is applied
26-21 to agricultural land, forest, a public contact site, or a
26-22 reclamation site shall provide the person who applies the bulk
26-23 biosolids written notification of the concentration of total
26-24 nitrogen (as N on a dry weight basis) in the bulk biosolids.
26-25 (e)(1) The person who applies biosolids to the land shall
27-1 obtain information needed to comply with the requirements in this
27-2 subchapter.
27-3 (2)(i) Before bulk biosolids subject to the cumulative
27-4 pollutant loading rates in Section 374.013(b)(2) are applied to the
27-5 land, the person who proposes to apply the bulk biosolids shall
27-6 contact the commission to determine whether bulk biosolids subject
27-7 to the cumulative pollutant loading rates in Section 374.013(b)(2)
27-8 has been applied to the site since August 19, 1993.
27-9 (ii) If bulk biosolids subject to the
27-10 cumulative pollutant loading rates in Section 374.013(b)(2) has not
27-11 been applied to the site since August 19, 1993, the cumulative
27-12 amount for each pollutant listed in Table 2 of Section 374.013 may
27-13 be applied to the site in accordance with Section 374.013(a)(2)(i).
27-14 (iii) If bulk biosolids subject to the
27-15 cumulative pollutant loading rates in Section 374.013(b)(2) has
27-16 been applied to the site since August 19, 1993, and the cumulative
27-17 amount of each pollutant applied to the site in the bulk biosolids
27-18 since that date is known, the cumulative amount of each pollutant
27-19 applied to the site shall be used to determine the additional
27-20 amount of each pollutant that can be applied to the site in
27-21 accordance with Section 374.013(a)(2)(i).
27-22 (iv) If bulk biosolids subject to the
27-23 cumulative pollutant loading rates in Section 374.013(b)(2) have
27-24 been applied to the site since August 19, 1993, and the cumulative
27-25 amount of each pollutant applied to the site in the bulk biosolids
28-1 since that date is not known, an additional amount of each
28-2 pollutant shall not be applied to the site in accordance with
28-3 Section 374.013(a)(2)(i).
28-4 (f) When a person who prepares bulk biosolids provides the
28-5 bulk biosolids to a person who applies the bulk biosolids to the
28-6 land, the person who prepares the bulk biosolids shall provide the
28-7 person who applies the biosolids notice and necessary information
28-8 to comply with the requirements in this subchapter.
28-9 (g) When a person who prepares biosolids provides the
28-10 biosolids to another person who prepares the biosolids, the person
28-11 who provides the biosolids shall provide the person who receives
28-12 the biosolids notice and necessary information to comply with the
28-13 requirements in this subchapter.
28-14 (h) The person who applies bulk biosolids to the land shall
28-15 provide the owner or lease holder of the land on which the bulk
28-16 biosolids is applied notice and necessary information to comply
28-17 with the requirements in this subchapter.
28-18 (i) Any person who prepares bulk biosolids that is applied
28-19 to land in a State other than Texas shall provide written notice,
28-20 prior to the initial application of bulk biosolids to the land
28-21 application site by the applier, to the permitting authority for
28-22 the State in which the bulk biosolids is proposed to be applied.
28-23 The notice shall include:
28-24 (1) The location, by either street address or latitude
28-25 and longitude, of each land application site.
29-1 (2) The approximate time period bulk biosolids will be
29-2 applied to the site.
29-3 (3) The name, address, telephone number, and National
29-4 Pollutant Discharge Elimination System permit number or water
29-5 quality permit number (if appropriate) for the person who prepares
29-6 the bulk biosolids.
29-7 (4) The name, address, telephone number, and National
29-8 Pollutant Discharge Elimination System permit number or water
29-9 quality permit number (if appropriate) for the person who will
29-10 apply the bulk biosolids.
29-11 (j) Any person who applies bulk biosolids subject to the
29-12 cumulative pollutant loading rates in Section 374.013(b)(2) to the
29-13 land shall provide written notice, prior to the initial application
29-14 of bulk biosolids to a land application site by the applier, to the
29-15 commission and the commission shall retain and provide access to
29-16 the notice. The notice shall include:
29-17 (1) The location, by either street address or latitude
29-18 and longitude, of the land application site.
29-19 (2) The name, address, telephone number, and National
29-20 Pollutant Discharge Elimination System permit number or water
29-21 quality permit number (if appropriate) of the person who will apply
29-22 the bulk biosolids.
29-23 Sec. 374.013. Pollutant limits.
29-24 (a) Biosolids
29-25 (1) Bulk biosolids or biosolids sold or given away in
30-1 a bag or other container shall not be applied to the land if the
30-2 concentration of any pollutant in the biosolids exceeds the ceiling
30-3 concentration for the pollutant in Table 1 of Section 374.013.
30-4 (2) If bulk biosolids are applied to agricultural
30-5 land, forest, a public contact site, or a reclamation site, either:
30-6 (i) the cumulative loading rate for each
30-7 pollutant shall not exceed the cumulative pollutant loading rate
30-8 for the pollutant in Table 2 of Section 374.013, or
30-9 (ii) the concentration of each pollutant
30-10 in the biosolids shall not exceed the concentration for the
30-11 pollutant in Table 3 of Section 374.013.
30-12 (3) If bulk biosolids is applied to a lawn or a home
30-13 garden, the concentration of each pollutant in the biosolids shall
30-14 not exceed the concentration for the pollutant in Table 3 of
30-15 Section 374.013.
30-16 (4) If biosolids are sold or given away in a bag or
30-17 other container for application to the land, either:
30-18 (i) the concentration of each pollutant in
30-19 the biosolids shall not exceed the concentration for the pollutant
30-20 in Table 3 of Section 374.013, or
30-21 (ii) the product of the concentration of
30-22 each pollutant in the biosolids and the annual whole sludge
30-23 application rate for the biosolids shall not cause the annual
30-24 pollutant loading rate for the pollutant in Table 4 of Section
30-25 374.013 to be exceeded. The procedure used to determine the annual
31-1 whole biosolids application rate is presented in Appendix A of this
31-2 chapter.
31-3 (b) Pollutant concentrations and loading rates - biosolids.
31-4 (1) Ceiling concentrations
31-5 TABLE 1 OF SECTION 374.013--CEILING CONCENTRATIONS
31-6 Ceiling Concentration
31-7 Pollutant (milligrams per kilogram)*
31-8 Arsenic 75
31-9 Cadmium 85
31-10 Chromium 3000
31-11 Copper 4300
31-12 Lead 840
31-13 Mercury 57
31-14 Molybdenum 75
31-15 Nickel 420
31-16 Selenium 100
31-17 Zinc 7500
31-18 * Dry weight basis
31-19 (2) Cumulative pollutant loading rates
31-20 TABLE 2 OF SECTION 374.013--CUMULATIVE POLLUTANT LOADING RATES
31-21 Cumulative Pollutant Loading Rate
31-22 Pollutant (kilograms per hectare)
31-23 Arsenic 41
31-24 Cadmium 39
31-25 Chromium 3000
32-1 Copper 1500
32-2 Lead 300
32-3 Mercury 17
32-4 Molybdenum 18
32-5 Nickel 420
32-6 Selenium 100
32-7 Zinc 2800
32-8 (3) Pollutant concentrations
32-9 TABLE 3 OF SECTION 374.013--POLLUTANT CONCENTRATIONS
32-10 Pollutant (milligrams per kilogram)*
32-11 Arsenic 41
32-12 Cadmium 39
32-13 Chromium 1200
32-14 Copper 1500
32-15 Lead 300
32-16 Mercury 17
32-17 Molybdenum 18
32-18 Nickel 420
32-19 Selenium 36
32-20 Zinc 2800
32-21 * Dry weight basis
32-22 (4) Annual pollutant loading rates
32-23 TABLE 4 OF SECTION 374.013--ANNUAL POLLUTANT LOADING RATES
32-24 Annual Pollutant Loading Rate
32-25 Pollutant (kilograms per hectare per 365 day period)
33-1 Arsenic 2.0
33-2 Cadmium 1.9
33-3 Chromium 150
33-4 Copper 75
33-5 Lead 15
33-6 Mercury 0.85
33-7 Molybdenum 0.90
33-8 Nickel 21
33-9 Selenium 5.0
33-10 Zinc 140
33-11 (c) Domestic septage. The annual application rate for
33-12 domestic septage applied to agricultural land, forest, or a
33-13 reclamation site shall not exceed the annual application rate
33-14 calculated using equation (1).
33-15 0.0026
33-16 Where:
33-17 per 365 day period.
33-18 day period needed by the crop or vegetation
33-19 grown on the land.
33-20 Sec. 374.014. Management practices. (a) Bulk biosolids
33-21 shall not be applied to the land if it is likely to adversely
33-22 affect a threatened or endangered species listed under Section 4 of
33-23 the Endangered Species Act or Section 68.002, Parks and Wildlife
33-24 Code or the species' designated critical habitat.
33-25 (b) Bulk biosolids shall not be applied to agricultural
34-1 land, forest, a public contact site, or a reclamation site that is
34-2 flooded, frozen, or snow-covered so that the bulk biosolids enter a
34-3 wetland or other waters of the State, except as provided in a
34-4 permit issued pursuant to Section 402 or 404 of the CWA.
34-5 (c) Bulk biosolids shall not be applied to agricultural
34-6 land, forest, or a reclamation site that is:
34-7 (1) 33 feet or less from waters of the State, so long
34-8 as the buffer is vegetated, and if not, a buffer zone of 200 feet
34-9 must be maintained;
34-10 (2) 50 feet or less from a public road or pedestrian
34-11 right-of-way;
34-12 (3) 50 feet or less from a property boundary, unless
34-13 an applicant obtains written consent from an adjoining property
34-14 owner for a smaller or no buffer zone (which consent to place
34-15 additional biosolids may be revoked upon receipt of written notice
34-16 by the operator);
34-17 (4) 150 feet or less from a private water supply well;
34-18 (5) 500 feet or less from a public water supply well,
34-19 intake, water supply storage unit or water supply treatment works;
34-20 (6) 300 feet or less from an occupied residence unless
34-21 an applicant obtains written consent from the residence owner for a
34-22 smaller or no buffer zone (which consent to place additional
34-23 biosolids may be revoked upon receipt of written notice by the
34-24 operator);
34-25 (7) 1,000 feet or less from existing schools, public
35-1 institutions, or residential or business development property
35-2 lines; and
35-3 (8) 10 feet or less from irrigation conveyance canals.
35-4 (d) Bulk biosolids shall be applied to agricultural land,
35-5 forest, a public contact site, or a reclamation site at a whole
35-6 biosolids application rate that is equal to or less than the
35-7 agronomic rate for the bulk biosolids, unless, in the case of a
35-8 reclamation site, otherwise specified by the commission.
35-9 (e) Either a label shall be affixed to the bag or other
35-10 container in which biosolids that are sold or given away for
35-11 application to the land, or an information sheet shall be provided
35-12 to the person who receives biosolids sold or given away in an other
35-13 container for application to the land. The label or information
35-14 sheet shall contain the following information:
35-15 (1) The name and address of the person who prepared
35-16 the biosolids that is sold or given away in a bag or other
35-17 container for application to the land.
35-18 (2) A statement that application of the biosolids to
35-19 the land is prohibited except in accordance with the instructions
35-20 on the label or information sheet.
35-21 (3) The annual whole biosolids application rate for
35-22 the biosolids that does not cause any of the annual pollutant
35-23 loading rates in Table 4 of Section 374.013 to be exceeded.
35-24 (f) Except as provided in Section 374.014(f)(6), storage of
35-25 biosolids at a registration site shall not exceed 90 days in a 365
36-1 day period. Storage is allowed only under the following
36-2 conditions:
36-3 (1) Written authorization must be obtained from the
36-4 executive director prior to construction of the storage area;
36-5 (2) The storage area shall be designed, constructed,
36-6 and operated in a manner which protects public health and the
36-7 environment;
36-8 (3) The application shall outline measures to avoid
36-9 public health nuisances such as odors;
36-10 (4) Liquid sewage sludge must be stored in an enclosed
36-11 vessel; and
36-12 (5) If the storage area is not permanently covered:
36-13 (i) The storage area must be operated and
36-14 maintained to prevent runoff of surface water which has come into
36-15 contact with biosolids and shall be designed to collect such runoff
36-16 water;
36-17 (ii) The storage area must be lined with natural
36-18 or artificial liners. A natural or artificial equivalent barrier
36-19 of one foot of compacted clay with a permeability coefficient of 1
36-20 X 10-7 cm/sec or less shall be provided. Various flexible
36-21 synthetic membrane lining materials may be used in lieu of soil
36-22 liners if prior written approval has been obtained from the
36-23 executive director.
36-24 (6) The appropriate commission regional office may
36-25 approve up to an additional ninety days of storage for reasons
37-1 associated with application area flooding, saturated soils, or
37-2 frozen soils.
37-3 (g) An operator may stage biosolids on-site, prior to land
37-4 application for up to five days without being subject to the
37-5 requirements of Subsection (f).
37-6 Sec. 374.015. Operational standards - pathogens and vector
37-7 attraction reduction. (a) Pathogens - biosolids (1) The Class A
37-8 pathogen requirements in Section 374.032(a) or the Class B pathogen
37-9 requirements and site restrictions in Section 371.032(b) shall be
37-10 met when bulk biosolids is applied to agricultural land, forest, a
37-11 public contact site, or a reclamation site.
37-12 (2) The Class A pathogen requirements in 374.032(a)
37-13 shall be met when bulk biosolids are applied to a lawn or a home
37-14 garden.
37-15 (3) The Class A pathogen requirements in Section
37-16 374.032(a) shall be met when biosolids is sold or given away in a
37-17 bag or other container for application to the land.
37-18 (b) Pathogens - domestic septage. The requirements in
37-19 either Section 374.032(c)(1) or Section 374.032(c)(2) shall be met
37-20 when domestic septage is applied to agricultural land, forest, or a
37-21 reclamation site.
37-22 (c) Vector attraction reduction - biosolids (1) One of the
37-23 vector attraction reduction requirements in Section 374.033(b)(1)
37-24 through Section 374.033(b)(10) shall be met when bulk biosolids is
37-25 applied to agricultural land, forest, a public contact site, or a
38-1 reclamation site.
38-2 (2) One of the vector attraction reduction
38-3 requirements in Section 374.033(b)(1) through Section 374.033(b)(8)
38-4 shall be met when bulk biosolids is applied to a lawn or a home
38-5 garden.
38-6 (3) One of the vector attraction reduction
38-7 requirements in Section 374.033(b)(1) through Section 374.033(b)(8)
38-8 shall be met when biosolids are sold or given away in a bag or
38-9 other container for application to the land.
38-10 (d) Vector attraction reduction - domestic septage. The
38-11 vector attraction reduction requirements in Section 374.033(b)(9),
38-12 Section 374.033(b)(10), or Section 374.033(b)(12) shall be met when
38-13 domestic septage is applied to agricultural land, forest, or a
38-14 reclamation site.
38-15 Sec. 374.016. Frequency of monitoring. (a) Biosolids.
38-16 (1) The frequency of monitoring for the pollutants listed in Table
38-17 1, Table 2, Table 3 and Table 4 of Section 374.013; the pathogen
38-18 density requirements in Section 374.032(a) and in Section
38-19 374.032(b)(2) through Section 374.032(b)(4); and the vector
38-20 attraction reduction requirements Section 374.033(b)(1) through
38-21 Section 374.033(b)(8) shall be the frequency in Table 1 of Section
38-22 374.016.
38-23 TABLE 1 OF SECTION 374.016-FREQUENCY OF
38-24 MONITORING-LAND APPLICATION
38-25 Amount of biosolids*
39-1 (metric tons per 365 day period) Frequency
39-2 Greater than zero but once per year
39-3 less than 290
39-4 Equal to or greater than once per quarter
39-5 290 but less than 1,500 (four times per year)
39-6 Equal to or greater than once per 60 days
39-7 1,500 but less than 15,000 (six times per year)
39-8 Equal to or greater than once per month
39-9 15,000 (12 times per year)
39-10 *Either the amount of bulk biosolids applied to the land or
39-11 the amount of biosolids received by a person who prepares biosolids
39-12 that are sold or given away in a bag or other container for
39-13 application to the land (dry weight basis).
39-14 (2) After the biosolids have been monitored for two
39-15 years at the frequency in Table 1 of Section 374.016, the
39-16 commission may reduce the frequency of monitoring for pollutant
39-17 concentrations and for the pathogen density requirements in Section
39-18 374.032(a)(5)(ii) and Section 374.032(a)(5)(iii), but in no case
39-19 shall the frequency of monitoring be less than once per year when
39-20 biosolids are applied to the land.
39-21 (b) Domestic septage. If either the pathogen requirements
39-22 in Section 374.032(c)(2) or the vector attraction reduction
39-23 requirements in Section 374.033(b)(12) are met when domestic
39-24 septage is applied to agricultural land, forest, or a reclamation
39-25 site, each container of domestic septage applied to the land shall
40-1 be monitored for compliance with those requirements.
40-2 Sec. 374.017. Recordkeeping. (a) Biosolids. (1) The
40-3 person who prepares the biosolids in Section 374.010(b)(1) or in
40-4 Section 374.010(e) shall develop the following information and
40-5 shall retain the information for five years:
40-6 (i) The concentration of each pollutant
40-7 listed in Table 3 of Section 374.013 in the biosolids.
40-8 (ii) The following certification
40-9 statement: "I certify, under penalty of law, that the Class A
40-10 pathogen requirements in Section 374.032(a) and the vector
40-11 attraction reduction requirement in (insert one of the vector
40-12 attraction reduction requirements in Section 374.033(b)(1) through
40-13 Section 374.033(b)(8)) have been met. This determination has been
40-14 made under my direction and supervision in accordance with the
40-15 system designed to ensure that qualified personnel properly gather
40-16 and evaluate the information used to determine that the pathogen
40-17 requirements and vector attraction reduction requirements have been
40-18 met. I am aware that there are significant penalties for false
40-19 certification including the possibility of fine and imprisonment."
40-20 (iii) A description of how the Class A
40-21 pathogen requirements in Section 374.032(a) are met.
40-22 (iv) A description of how one of the
40-23 vector attraction reduction requirements in Section 374.033(b)(1)
40-24 through Section 374.033(b)(8) is met.
40-25 (2) The person who derives the material in Section
41-1 374.010(c)(1) or in Section 374.010(f) shall develop the following
41-2 information and shall retain the information for five years:
41-3 (i) The concentration of each pollutant
41-4 listed in Table 3 of Section 374.013 in the material.
41-5 (ii) The following certification
41-6 statement: "I certify, under penalty of law, that the Class A
41-7 pathogen requirements in Section 374.032(a) and the vector
41-8 attraction reduction requirement in (insert one of the vector
41-9 attraction reduction requirements in Section 374.033(b)(1) through
41-10 Section 374.033(b)(8)) have been met. This determination has been
41-11 made under my direction and supervision in accordance with the
41-12 system designed to ensure that qualified personnel properly gather
41-13 and evaluate the information used to determine that the pathogen
41-14 requirements and the vector attraction reduction requirements have
41-15 been met. I am aware that there are significant penalties for
41-16 false certification including the possibility of fine and
41-17 imprisonment."
41-18 (iii) A description of how the Class A
41-19 pathogen requirements in Section 374.032(a) are met.
41-20 (iv) A description of how one of the
41-21 vector attraction reduction requirements in Section 374.033(b)(1)
41-22 through Section 374.033(b)(8) is met.
41-23 (3) If the pollutant concentrations in Section
41-24 374.013(b)(3), the Class A pathogen requirements in Section
41-25 374.032(a), and the vector attraction reduction requirements in
42-1 either Section 374.033(b)(9) or Section 374.033(b)(10) are met when
42-2 bulk biosolids are applied to agricultural land, forest, a public
42-3 contact site, or a reclamation site:
42-4 (i) The person who prepares the bulk
42-5 biosolids shall develop the following information and shall retain
42-6 the information for five years.
42-7 (A) The concentration of each pollutant listed
42-8 in Table 3 of Section 374.013 in the bulk biosolids.
42-9 (B) The following certification statement: "I
42-10 certify, under penalty of law, that the pathogen requirements in
42-11 Section 374.032(a) have been met. This determination has been made
42-12 under my direction and supervision in accordance with the system
42-13 designed to ensure that qualified personnel properly gather and
42-14 evaluate the information used to determine that the pathogen
42-15 requirements have been met. I am aware that there are significant
42-16 penalties for false certification including the possibility of fine
42-17 and imprisonment."
42-18 (C) A description of how the pathogen
42-19 requirements in Section 374.032(a) are met.
42-20 (ii) The person who applies the bulk
42-21 biosolids shall develop the following information and shall retain
42-22 the information for five years.
42-23 (A) The following certification statement: "I
42-24 certify, under penalty of law, that the management practices in
42-25 Section 374.012 and the vector attraction reduction requirement in
43-1 (insert either Section 374.033(b)(9) or Section 374.033(b)(10))
43-2 have been met. This determination has been made under my direction
43-3 and supervision in accordance with the system designed to ensure
43-4 that qualified personnel properly gather and evaluate the
43-5 information used to determine that the management practices and
43-6 vector attraction reduction requirements have been met. I am aware
43-7 that there are significant penalties for false certification
43-8 including fine and imprisonment."
43-9 (B) A description of how the management
43-10 practices in Section 374.012 are met for each site on which bulk
43-11 biosolids are applied.
43-12 (C) A description of how the vector attraction
43-13 reduction requirements in either Section 374.033(b)(9) or Section
43-14 374.033(b)(10) are met for each site on which bulk biosolids are
43-15 applied.
43-16 (4) If the pollutant concentrations in Section
43-17 374.013(b)(3) and the Class B pathogen requirements in Section
43-18 374.032(b) are met when bulk biosolids are applied to agricultural
43-19 land, forest, a public contact site, or a reclamation site:
43-20 (i) The person who prepares the bulk
43-21 biosolids shall develop the following information and shall retain
43-22 the information for five years:
43-23 (A) The concentration of each pollutant listed
43-24 in Table 3 of Section 374.013 in the bulk biosolids.
43-25 (B) The following certification statement: "I
44-1 certify under, penalty of law, that the Class B pathogen
44-2 requirements in Section 374.032(b) and the vector attraction
44-3 reduction requirement in (insert one of the vector attraction
44-4 reduction requirements in Section 374.033(b)(1) through Section
44-5 374.033(b)(8) if one of those requirements is met) have been met.
44-6 This determination has been made under my direction and supervision
44-7 in accordance with the system designed to ensure that qualified
44-8 personnel properly gather and evaluate the information used to
44-9 determine that the pathogen requirements (and vector attraction
44-10 reduction requirements if applicable) have been met. I am aware
44-11 that there are significant penalties for false certification
44-12 including the possibility of fine and imprisonment."
44-13 (C) A description of how the Class B pathogen
44-14 requirements in Section 374.032(b) are met.
44-15 (D) When one of the vector attraction reduction
44-16 requirements in Section 374.033(b)(1) through Section 374.033(b)(8)
44-17 is met, a description of how the vector attraction reduction
44-18 requirement is met.
44-19 (ii) The person who applies the bulk
44-20 biosolids shall develop the following information and shall retain
44-21 the information for five years.
44-22 (A) The following certification statement: "I
44-23 certify, under penalty of law, that the management practices in
44-24 Section 374.012, the site restrictions in Section 374.032(b)(5),
44-25 and the vector attraction reduction requirements in (insert either
45-1 Section 374.033(b)(9) or Section 374.033(b)(10), if one of those
45-2 requirements is met) have been met for each site on which bulk
45-3 biosolids are applied. This determination has been made under my
45-4 direction and supervision in accordance with the system designed to
45-5 ensure that qualified personnel properly gather and evaluate the
45-6 information used to determine that the management practices and
45-7 site restrictions (and the vector attraction reduction requirements
45-8 if applicable) have been met. I am aware that there are
45-9 significant penalties for false certification including the
45-10 possibility of fine and imprisonment."
45-11 (B) A description of how the management
45-12 practices in Section 374.012 are met for each site on which bulk
45-13 biosolids are applied.
45-14 (C) A description of how the site restrictions
45-15 in Section 374.032(b)(5) are met for each site on which bulk
45-16 biosolids are applied.
45-17 (D) When the vector attraction reduction
45-18 requirement in either Section 374.033(b)(9) or Section
45-19 374.033(b)(10) is met, a description of how the vector attraction
45-20 reduction requirement is met.
45-21 (5) If the requirements in Section 374.013(a)(2)(i)
45-22 are met when bulk biosolids are applied to agricultural land,
45-23 forest, a public contact site, or a reclamation site:
45-24 (i) The person who prepares the bulk
45-25 biosolids shall develop the following information and shall retain
46-1 the information for five years.
46-2 (A) The concentration of each pollutant listed
46-3 in Table 1 of Section 374.013 in the bulk biosolids.
46-4 (B) The following certification statement: "I
46-5 certify, under penalty of law, that the pathogen requirements in
46-6 (insert either Section 374.032(a) or Section 374.032(b)) and the
46-7 vector attraction reduction requirement in (insert one of the
46-8 vector attraction reduction requirements in Section 374.033(b)(1)
46-9 through Section 374.033(b)(8) if one of those requirements is met)
46-10 have been met. This determination has been made under my direction
46-11 and supervision in accordance with the system designed to ensure
46-12 that qualified personnel properly gather and evaluate the
46-13 information used to determine that the pathogen requirements (and
46-14 vector attraction reduction requirements) have been met. I am
46-15 aware that there are significant penalties for false certification
46-16 including the possibility of fine and imprisonment."
46-17 (C) A description of how the pathogen
46-18 requirements in either section 374.032(a) or section 374.032(b) are
46-19 met.
46-20 (D) When one of the vector attraction
46-21 requirements in Section 374.033(b)(1) through Section 374.033(b)(8)
46-22 is met, a description of how the vector attraction requirement is
46-23 met.
46-24 (ii) The person who applies the bulk
46-25 biosolids shall develop the following information, retain the
47-1 information in Section 374.017(a)(5)(ii)(A) through Section
47-2 374.015(a)(5)(ii)(G) indefinitely, and retain the information in
47-3 Section 374.017(a)(5)(ii)(H) through Section 374.017(a)(5)(ii)(M)
47-4 for five years.
47-5 (A) The location, by either street address or
47-6 latitude and longitude, of each site on which bulk biosolids are
47-7 applied.
47-8 (B) The number of hectares in each site on which
47-9 bulk biosolids are applied.
47-10 (C) The date and time bulk biosolids are applied
47-11 to each site.
47-12 (D) The cumulative amount of each pollutant
47-13 (i.e., kilograms) listed in Table 2 of Section 374.013 in the bulk
47-14 biosolids applied to each site, including the amount in Section
47-15 374.013(e)(2)(iii).
47-16 (E) The amount of (i.e., metric tons) applied to
47-17 each site.
47-18 (F) The following certification statement: "I
47-19 certify, under penalty of law, that the requirements to obtain
47-20 information in Section 374.010(e)(2) have been met for each site on
47-21 which bulk biosolids are applied. This determination has been made
47-22 under my direction and supervision in accordance with the system
47-23 designed to ensure that qualified personnel properly gather and
47-24 evaluate the information used to determine that the requirements to
47-25 obtain information have been met. I am aware that there are
48-1 significant penalties for false certification including fine and
48-2 imprisonment."
48-3 (G) A description of how the requirements to
48-4 obtain information in Section 374.010(e)(2) are met.
48-5 (H) The following certification statement: "I
48-6 certify, under penalty of law, that the management practices in
48-7 Section 374.012 have been met for each site on which bulk biosolids
48-8 are applied. This determination has been made under my direction
48-9 and supervision in accordance with the system designed to ensure
48-10 that qualified personnel properly gather and evaluate the
48-11 information used to determine that the management practices have
48-12 been met. I am aware that there are significant penalties for
48-13 false certification including fine and imprisonment."
48-14 (I) A description of how the management
48-15 practices in Section 374.012 are met for each site on which bulk
48-16 biosolids are applied.
48-17 (J) The following certification statement when
48-18 the bulk biosolids meet the Class B pathogen requirements in
48-19 Section 374.032(b): "I certify, under penalty of law, that the
48-20 site restrictions in Section 374.032(b)(5) have been met. This
48-21 determination has been made under my direction and supervision in
48-22 accordance with the system designed to ensure that qualified
48-23 personnel properly gather and evaluate the information used to
48-24 determine that the site restrictions have been met. I am aware
48-25 that there are significant penalties for false certification
49-1 including fine and imprisonment."
49-2 (K) A description of how the site restrictions
49-3 in Section 374.032(b)(5) are met for each site on which Class B
49-4 bulk biosolids are applied.
49-5 (L) The following certification statement when
49-6 the vector attraction reduction requirement in either section
49-7 374.033(b)(9) or Section 374.033(b)(10) is met: "I certify, under
49-8 penalty of law, that the vector attraction reduction requirement in
49-9 (insert either Section 374.033(b)(9) or Section 374.033(b)(10)) has
49-10 been met. This determination has been made under my direction and
49-11 supervision in accordance with the system designed to ensure that
49-12 qualified personnel properly gather and evaluate the information
49-13 used to determine that the vector attraction reduction requirement
49-14 has been met. I am aware that there are significant penalties for
49-15 false certification including the possibility of fine and
49-16 imprisonment."
49-17 (M) If the vector attraction reduction
49-18 requirements in either section 374.033(b)(9) or Section
49-19 374.033(b)(10) are met, a description of how the requirements are
49-20 met.
49-21 (6) If the requirements in Section 374.013(a)(4)(ii)
49-22 are met when biosolids are sold or given away in a bag or other
49-23 container for application to the land, the person who prepares the
49-24 biosolids that are sold or given away in a bag or other container
49-25 shall develop the following information and shall retain the
50-1 information for five years:
50-2 (i) The annual whole biosolids application
50-3 rate for the biosolids that does not cause the annual pollutant
50-4 loading rates in Table 4 of Section 374.013 to be exceeded.
50-5 (ii) The concentration of each pollutant
50-6 listed in Table 4 of Section 374.013 in the biosolids.
50-7 (iii) The following certification
50-8 statement: "I certify, under penalty of law, that the management
50-9 practice in Section 374.012(e), the Class A pathogen requirement in
50-10 Section 374.032(a), and the vector attraction reduction requirement
50-11 in (insert one of the vector attraction reduction requirements in
50-12 Section 374.033(b)(1) through Section 374.033(b)(8)) have been met.
50-13 This determination has been made under my direction and supervision
50-14 in accordance with the system designed to ensure that qualified
50-15 personnel properly gather and evaluate the information used to
50-16 determine that the management practice, pathogen requirements, and
50-17 vector attraction reduction requirements have been met. I am aware
50-18 that there are significant penalties for false certification
50-19 including the possibility of fine and imprisonment."
50-20 (iii) a description of how the Class A
50-21 pathogen requirements in Section 374.032(a) are met.
50-22 (iv) A description of how one of the
50-23 vector attraction requirements in Section 374.033(b)(1) through
50-24 Section 374.033(b)(8) is met.
50-25 (b) Domestic septage. When domestic septage is applied to
51-1 agricultural land, forest, or a reclamation site, the person who
51-2 applies the domestic septage shall develop the following
51-3 information and shall retain the information for five years:
51-4 (1) The location, by either street address or latitude
51-5 and longitude, of each site on which domestic septage is applied.
51-6 (2) The number of acres in each site on which domestic
51-7 septage is applied.
51-8 (3) The date and time domestic septage is applied to
51-9 each site.
51-10 (4) The nitrogen requirement for the crop or
51-11 vegetation grown on each site during a 365 day period.
51-12 (5) The rate, in gallons per acre per 365 day period,
51-13 at which domestic septage is applied to each site.
51-14 (6) The following certification statement: "I
51-15 certify, under penalty of law, that the pathogen requirements in
51-16 (insert either Section 374.033(c)(1) or Section 374.033(c)(2)) and
51-17 the vector attraction reduction requirements in (insert Section
51-18 374.033(b)(9), Section 374.033(b)(10), or Section 374.033(b)(12))
51-19 have been met. This determination has been made under my direction
51-20 and supervision in accordance with the system designed to ensure
51-21 that qualified personnel properly gather and evaluate the
51-22 information used to determine that the pathogen requirements and
51-23 vector attraction reduction requirements have been met. I am aware
51-24 that there are significant penalties for false certification
51-25 including the possibility of fine and imprisonment."
52-1 (7) A description of how the pathogen requirements in
52-2 either Section 374.033(c)(1) or Section 374.033(c)(2) are met.
52-3 (8) A description of how the vector attraction
52-4 reduction requirements in Section 374.033(b)(9), Section
52-5 374.033(b)(10), or Section 374.033(b)(12) are met.
52-6 Sec. 374.018. Reporting. (a) Class I sludge management
52-7 facilities, POTWs (as defined in 40 CFR 501.2) with a design flow
52-8 rate equal to or greater than one million gallons per day, and
52-9 POTWs that serve 10,000 people or more shall submit the following
52-10 information to the commission:
52-11 (1) The information in Section 374.017(a), except the
52-12 information in Section 374.017(a)(3)(ii), Section 374.017(a)(4)(ii)
52-13 and in Section 374.017(a)(5)(ii), for the appropriate requirements
52-14 on September 1 of each year.
52-15 (2) The information in Section 374.017(a)(5)(ii)(A)
52-16 through Section 374.017(a)(5)(ii)(G) on September 1 of each year
52-17 when 90 percent or more of any of the cumulative pollutant loading
52-18 rates in Table 2 of Section 374.013 is reached at a site.
52-19 SUBCHAPTER C--PATHOGENS AND VECTOR ATTRACTION REDUCTION
52-20 Sec. 374.030. SCOPE. (a) This subchapter contains the
52-21 requirements for biosolids to be classified either Class A or Class
52-22 B with respect to pathogens.
52-23 (b) This subchapter contains the site restrictions for land
52-24 on which a Class B biosolids are applied.
52-25 (c) This subchapter contains the pathogen requirements for
53-1 domestic septage applied to agricultural land, forest, or a
53-2 reclamation site.
53-3 (d) This subchapter contains alternative vector attraction
53-4 reduction requirements for biosolids that are applied to the land
53-5 or placed on a surface disposal site.
53-6 Sec. 374.031. SPECIAL DEFINITIONS. (a) "Aerobic digestion"
53-7 is the biochemical decomposition of organic matter in sewage sludge
53-8 into carbon dioxide and water by microorganisms in the presence of
53-9 air.
53-10 (b) "Anaerobic digestion" is the biochemical decomposition
53-11 of organic matter in sewage sludge into methane gas and carbon
53-12 dioxide by microorganisms in the absence of air.
53-13 (c) "Density of microorganisms" is the number of
53-14 microorganisms per unit mass of total solids (dry weight) in the
53-15 sewage sludge.
53-16 (d) "Land with a high potential for public exposure" is land
53-17 that the public uses frequently. This includes, but is not limited
53-18 to, a public contact site and a reclamation site located in a
53-19 populated area (e.g., a construction site located in a city).
53-20 (e) "Land with a low potential for public exposure" is land
53-21 that the public uses infrequently. This includes, but is not
53-22 limited to, agricultural land, forest, and a reclamation site
53-23 located in an unpopulated area (e.g., a strip mine located in a
53-24 rural area).
53-25 (f) "Pathogenic organisms" are disease-causing organisms.
54-1 These include, but are not limited to, certain bacteria, protozoa,
54-2 viruses, and viable helminth ova.
54-3 (g) "pH" means the logarithm of the reciprocal of the
54-4 hydrogen ion concentration.
54-5 (h) "Specific oxygen uptake rate (SOUR)" is the mass of
54-6 oxygen consumed per unit time per unit mass of total solids (dry
54-7 weight basis) in the sewage sludge.
54-8 (i) "Total solids" are the materials in sewage sludge that
54-9 remain as residue when the sewage sludge is dried at 103 to 105
54-10 degrees Celsius.
54-11 (j) "Unstabilized solids" are organic materials in sewage
54-12 sludge that have not been treated in either an aerobic or anaerobic
54-13 treatment process.
54-14 (k) "Vector attraction" is the characteristic of sewage
54-15 sludge that attracts rodents, flies, mosquitos, or other organisms
54-16 capable of transporting infectious agents.
54-17 (l) "Volatile solids" is the amount of the total solids in
54-18 sewage sludge lost when the sewage sludge is combusted at 550
54-19 degrees Celsius in the presence of excess air.
54-20 Sec. 374.032. PATHOGENS. (a) Biosolids - Class A.
54-21 (1) The requirement in Section 374.032(a)(2) and the requirements
54-22 in either Section 374.032(a)(3), Section 374.032(a)(4), Section
54-23 374.032(a)(5), Section 374.032(a)(6), Section 374.032(a)(7), or
54-24 Section 374.032(a)(8) shall be met for biosolids to be classified
54-25 Class A with respect to pathogens.
55-1 (2) The Class A pathogen requirements in Section
55-2 374.032(a)(3) through Section 374.032(a)(8) shall be met either
55-3 prior to meeting or at the same time the vector attraction
55-4 reduction requirements in Section 374.033, except the vector
55-5 attraction reduction requirements in Section 374.033(b)(6) through
55-6 Section 374.033(b)(8), are met.
55-7 (3) Class A - Alternative 1. (i) Either the density
55-8 of fecal coliform in the biosolids shall be less than 1000 Most
55-9 Probable Number per gram of total solids (dry weight basis), or the
55-10 density of Salmonella sp. bacteria in the biosolids shall be less
55-11 than three Most Probable Number per four grams of total solids (dry
55-12 weight basis) at the time the biosolids are used or disposed; at
55-13 the time the biosolids are prepared for sale or give away in a bag
55-14 or other container for application to the land; or at the time the
55-15 biosolids or material derived from sewage sludge are prepared to
55-16 meet the requirements in Section 374.010(b), Section 374.010(c),
55-17 Section 374.010(e), or Section 374.010(f).
55-18 (ii) The temperature of the biosolids that
55-19 is used or disposed shall be maintained at a specific value for a
55-20 period of time.
55-21 (A) When the percent solids of the biosolids is
55-22 seven percent or higher, the temperature of the biosolids shall be
55-23 50 degrees Celsius or higher; the time period shall be 20 minutes
55-24 or longer; and the temperature and time period shall be determined
55-25 using equation (3), except when small particles of biosolids are
56-1 heated by either warmed gases or an immiscible liquid.
56-2 0.1400t
56-3 10
56-4 Where,
56-5 (B) When the percent solids of the biosolids is
56-6 seven percent or higher and small particles of biosolids are heated
56-7 by either warmed gases or an immiscible liquid, the temperature of
56-8 the biosolids shall be 50 degrees Celsius or higher; the time
56-9 period shall be 15 seconds or longer; and the temperature and time
56-10 period shall be determined using equation (3).
56-11 (C) When the percent solids of the biosolids is
56-12 less than seven percent and the time period is at least 15 seconds,
56-13 but less than 30 minutes, the temperature and time period shall be
56-14 determined using equation (3).
56-15 (D) When the percent solids of the biosolids is
56-16 less than seven percent; the temperature of the biosolids is 50
56-17 degrees Celsius or higher; and the time period is 30 minutes or
56-18 longer, the temperature and time period shall be determined using
56-19 equation (4).
56-20 0.1400t
56-21 10
56-22 Where,
56-23 (4) Class A - Alternative 2. (i) Either the density
56-24 of fecal coliform in the biosolids shall be less than 1000 Most
56-25 Probable Number per gram of total solids (dry weight basis), or the
57-1 density of Salmonella sp. bacteria in the biosolids shall be less
57-2 than three Most Probable Number per four grams of total solids (dry
57-3 weight basis) at the time the biosolids are used or disposed; at
57-4 the time the sewage sludge is prepared for sale or give away in a
57-5 bag or other container for application to the land; or at the time
57-6 the biosolids or material derived from sewage sludge are prepared
57-7 to meet the requirements in Section 374.010(b), Section 374.010(c),
57-8 Section 374.010(e), or Section 374.010(f).
57-9 (ii) (A) The pH of the biosolids that are
57-10 used or disposed shall be raised to above 12 and shall remain above
57-11 12 for 72 hours.
57-12 (B) The temperature of the biosolids shall be
57-13 above 52 degrees Celsius for 12 hours or longer during the period
57-14 that the pH of the biosolids is above 12.
57-15 (C) At the end of the 72 hour period during
57-16 which the pH of the biosolids is above 12, the biosolids shall be
57-17 air dried to achieve a percent solids in the biosolids greater than
57-18 50 percent.
57-19 (5) Class A - Alternative 3. (i) Either the density
57-20 of fecal coliform in the biosolids shall be less than 1000 Most
57-21 Probable Number per gram of total solids (dry weight basis), or the
57-22 density of Salmonella sp. bacteria in sewage sludge shall be less
57-23 than three Most Probable Number per four grams of total solids (dry
57-24 weight basis) at the time the biosolids are used or disposed; at
57-25 the time the sewage sludge is prepared for sale or give away in a
58-1 bag or other container for application to the land; or at the time
58-2 the biosolids or material derived from biosolids are prepared to
58-3 meet the requirements in Section 374.010(b), Section 374.010(c),
58-4 Section 374.010(e), or Section 374.010(f).
58-5 (ii) (A) The biosolids shall be analyzed
58-6 prior to pathogen treatment to determine whether the biosolids
58-7 contain enteric viruses.
58-8 (B) When the density of enteric viruses in the
58-9 biosolids prior to pathogen treatment is less than one
58-10 Plaque-forming Unit per four grams of total solids (dry weight
58-11 basis), the biosolids are Class A with respect to enteric viruses
58-12 until the next monitoring episode for the biosolids.
58-13 (C) When the density of enteric viruses in the
58-14 biosolids prior to pathogen treatment is equal to or greater than
58-15 one Plaque-forming Unit per four grams of total solids (dry weight
58-16 basis), the biosolids are Class A with respect to enteric viruses
58-17 when the density of enteric viruses in the biosolids after pathogen
58-18 treatment is less than one Plaque-forming Unit per four grams of
58-19 total solids (dry weight basis) and when the values or ranges of
58-20 values for the operating parameters for the pathogen treatment
58-21 process that produces the biosolids that meets the enteric virus
58-22 density requirement are documented.
58-23 (D) After the enteric virus reduction in (ii)(C)
58-24 of this subsection is demonstrated for the pathogen treatment
58-25 process, the biosolids continue to be Class A with respect to
59-1 enteric viruses when the values for the pathogen treatment process
59-2 operating parameters are consistent with the values or ranges of
59-3 values documented in (ii)(C) of this subsection.
59-4 (iii)(A) The biosolids shall be analyzed prior to pathogen
59-5 treatment to determine whether the biosolids contain viable
59-6 helminth ova.
59-7 (B) When the density of viable helminth ova in
59-8 the biosolids prior to pathogen treatment is less than one per four
59-9 grams of total solids (dry weight basis), the biosolids are Class A
59-10 with respect to viable helminth ova until the next monitoring
59-11 episode for the biosolids.
59-12 (C) When the density of viable helminth ova in
59-13 the biosolids prior to pathogen treatment is equal to or greater
59-14 than one per four grams of total solids (dry weight basis), the
59-15 biosolids are Class A with respect to viable helminth ova when the
59-16 density of viable helminth ova in the biosolids after pathogen
59-17 treatment is less than one per four grams of total solids (dry
59-18 weight basis) and when the values or ranges of values for the
59-19 operating parameters for the pathogen treatment process that
59-20 produces the biosolids that meets the viable helminth ova density
59-21 requirement are documented.
59-22 (D) After the viable helminth ova reduction in
59-23 (iii)(C) of this subsection is demonstrated for the pathogen
59-24 treatment process, the biosolids continue to be Class A with
59-25 respect to viable helminth ova when the values for the pathogen
60-1 treatment process operating parameters are consistent with the
60-2 values or ranges of values documented in (iii)(C) of this
60-3 subsection.
60-4 (6) Class A - Alternative 4. (i) Either the density
60-5 of fecal coliform in the biosolids shall be less than 1000 Most
60-6 Probable Number per gram of total solids (dry weight basis), or the
60-7 density of Salmonella sp. bacteria in the biosolids shall be less
60-8 than three Most Probable Number per four grams of total solids (dry
60-9 weight basis) at the time the biosolids are used or disposed; at
60-10 the time the biosolids are prepared for sale or give away in a bag
60-11 or other container for application to the land; or at the time the
60-12 biosolids or material derived from biosolids are prepared to meet
60-13 the requirements in Section 374.010(b), Section 374.010(c), Section
60-14 374.010(e), or Section 374.010(f).
60-15 (ii) The density of enteric viruses in the
60-16 biosolids shall be less than one Plaque-forming Unit per four grams
60-17 of total solids (dry weight basis) at the time the biosolids are
60-18 used or disposed; at the time the biosolids are prepared for sale
60-19 or give away in a bag or other container for application to the
60-20 land; or at the time the biosolids or material derived from
60-21 biosolids are prepared to meet the requirements in Section
60-22 374.010(b), Section 374.010(c), Section 374.010(e), or Section
60-23 374.010(f), unless otherwise specified by the commission.
60-24 (iii) The density of viable helminth ova
60-25 in the biosolids shall be less than one per four grams of total
61-1 solids (dry weight basis) at the time the biosolids are used or
61-2 disposed; at the time the biosolids are prepared for sale or give
61-3 away in a bag or other container for application to the land; or at
61-4 the time the biosolids or material derived from biosolids are
61-5 prepared to meet the requirements in Section 374.010(b), Section
61-6 374.010(c), Section 374.010(e), or Section 374.010(f), unless
61-7 otherwise specified by the commission.
61-8 (7) Class A - Alternative 5. (i) Either the density
61-9 of fecal coliform in the biosolids shall be less than 1000 Most
61-10 Probable Number per gram of total solids (dry weight basis), or the
61-11 density of Salmonella, sp. bacteria in the shall be less than three
61-12 Most Probable Number per four grams of total solids (dry weight
61-13 basis) at the time the biosolids are used or disposed; at the time
61-14 the biosolids are prepared for sale or give away in a bag or other
61-15 container for application to the land; or at the time the biosolids
61-16 or material derived from biosolids are prepared to meet the
61-17 requirements in Section 374.010(b), Section 374.010(c), Section
61-18 374.010(e), or Section 374.010(f).
61-19 (ii) Biosolids that are used or disposed
61-20 shall be treated in one of the Processes to Further Reduce
61-21 Pathogens described in Appendix B.
61-22 (8) Class A - Alternative 6. (i) Either the density
61-23 of fecal coliform in the biosolids shall be less than 1000 Most
61-24 Probable Number per gram of total solids (dry weight basis), or the
61-25 density of Salmonella, sp. bacteria in the biosolids shall be less
62-1 than three Most Probable Number per four grams of total solids (dry
62-2 weight basis) at the time the biosolids are used or disposed; at
62-3 the time the biosolids are prepared for sale or give away in a bag
62-4 or other container for application to the land; or at the time the
62-5 biosolids or material derived from biosolids are prepared to meet
62-6 the requirements in Section 374.010(b), Section 374.010(c), Section
62-7 370.010(e), or Section 374.010(f).
62-8 (ii) Biosolids that are used or disposed
62-9 shall be treated in a process that is equivalent to a Process to
62-10 Further Reduce Pathogens, as determined by the commission.
62-11 (b) Biosolids - Class B. (1)(i) The requirements in either
62-12 Section 374.032(b)(2), 374.032(b)(3), or 374.032(b)(4) shall be met
62-13 for biosolids to be classified Class B with respect to pathogens.
62-14 (ii) The site restrictions in
62-15 374.032(b)(5) shall be met when biosolids that meet the Class B
62-16 pathogen requirements in 374.032(b)(2), 374.032(b)(3), or
62-17 374.032(b)(4) is applied to the land.
62-18 (2) Class B - Alternative 1. (i) Seven samples of
62-19 the biosolids shall be collected at the time the biosolids are used
62-20 or disposed.
62-21 (ii) The geometric mean of the density of
62-22 fecal coliform in the samples collected in (2)(i) of this
62-23 subsection shall be less than either 2,000,000 Most Probable Number
62-24 per gram of total solids (dry weight basis) or 2,000,000 Colony
62-25 Forming Units per gram of total solids (dry weight basis).
63-1 (3) Class B - Alternative 2. (i) Biosolids that are
63-2 used or disposed shall be treated in one of the Processes to
63-3 Significantly Reduce Pathogens described in Appendix B.
63-4 (ii) An independent registered
63-5 professional engineer must certify to the generator of the
63-6 biosolids that the wastewater treatment facility generating the
63-7 biosolids are designed to achieve one of the Processes to
63-8 Significantly Reduce Pathogens at the design loadings and flows
63-9 routinely expected at the facility.
63-10 (iii) If the biosolids are generated from
63-11 a mixture of sources from more than one wastewater treatment
63-12 facility, the resulting derived product shall meet one of the
63-13 Processes to Significantly Reduce Pathogens, and shall meet the
63-14 certification, operation, and recordkeeping requirements of this
63-15 paragraph.
63-16 (iv) All certification records and
63-17 operational records describing how the requirements of this
63-18 paragraph were met shall be kept by the generator for a minimum of
63-19 three years and be available for inspection by commission staff for
63-20 review.
63-21 (4) Class B - Alternative 3. (i) Biosolids that are
63-22 used or disposed shall be treated in a process that is equivalent
63-23 to a Process to Significantly Reduce Pathogens, as determined by
63-24 the U.S. EPA.
63-25 (ii) If this alternative is utilized, the
64-1 generator shall provide to the executive director proof that the
64-2 U.S. EPA determined that the plant utilized a process that is
64-3 equivalent to a Process to Significantly Reduce Pathogens.
64-4 (iii) If the biosolids are generated from
64-5 a mixture of sources from more than one wastewater treatment
64-6 facility, the resulting derived product shall meet one of the
64-7 Processes to Significantly Reduce Pathogens, and shall meet the
64-8 certification, operation, and recordkeeping requirements of this
64-9 paragraph.
64-10 (iv) All certification records and
64-11 operational records describing how the requirements of this
64-12 paragraph were met shall be kept by the generator for a minimum of
64-13 three years and be available for inspection by commission staff for
64-14 review; and
64-15 (5) Site Restrictions. (i) Food crops with harvested
64-16 parts that touch the biosolids/soil mixture and are totally above
64-17 the land surface shall not be harvested for 14 months after
64-18 application of biosolids.
64-19 (ii) Food crops with harvested parts below
64-20 the surface of the land shall not be harvested for 20 months after
64-21 application of biosolids when the biosolids remain on the land
64-22 surface for four months or longer prior to incorporation into the
64-23 soil.
64-24 (iii) Food crops with harvested parts
64-25 below the surface of the land shall not be harvested for 38 months
65-1 after application of biosolids when the biosolids remain on the
65-2 land surface for less than four months prior to incorporation into
65-3 the soil.
65-4 (iv) Food crops, feed crops, and fiber
65-5 crops shall not be harvested for 30 days after application of
65-6 biosolids.
65-7 (v) Animals shall not be allowed to graze
65-8 on the land for 30 days after application of biosolids.
65-9 (vi) Turf grown on land where biosolids
65-10 are applied shall not be harvested for one year after application
65-11 of the biosolids when the harvested turf is placed on either land
65-12 with a high potential for public exposure or a lawn, unless
65-13 otherwise specified by the commission.
65-14 (vii) Public access to land with high
65-15 potential for public exposure shall be restricted for one year
65-16 after application of biosolids.
65-17 (viii) Public access to land with a low
65-18 potential for public exposure shall be restricted for 30 days after
65-19 application of biosolids.
65-20 (c) Domestic septage. (1) The site restrictions in Section
65-21 374.032(b)(5) shall be met when domestic septage is applied to
65-22 agricultural land, forest, or a reclamation site; or
65-23 (2) The pH of domestic septage applied to agricultural
65-24 land, forest, or a reclamation site shall be raised to 12 or higher
65-25 by alkali addition and, without the addition of more alkali, shall
66-1 remain at 12 or higher for 30 minutes and the site restrictions in
66-2 Section 374.032(b)(5)(i) through (b)(5)(iv) shall be met.
66-3 Sec. 374.033. Vector attraction reduction. (a)(1) One of
66-4 the vector attraction reduction requirements in Section
66-5 374.033(b)(1) through Section 374.033(b)(10) shall be met when bulk
66-6 biosolids are applied to agricultural land, forest, a public
66-7 contact site, or a reclamation site.
66-8 (2) One of the vector attraction reduction
66-9 requirements in Section 374.033(b)(1) through Section 374.033(b)(8)
66-10 shall be met when bulk biosolids are applied to a lawn or a home
66-11 garden.
66-12 (3) One of the vector attraction reduction
66-13 requirements in Section 374.033(b)(1) through Section 374.033(b)(8)
66-14 shall be met when biosolids are sold or given away in a bag or
66-15 other container for application to the land.
66-16 (4) One of the vector attraction reduction
66-17 requirements in Section 374.033(b)(1) through Section
66-18 374.033(b)(11) shall be met when biosolids (other than domestic
66-19 septage) is placed on an active sewage sludge unit.
66-20 (5) One of the vector attraction reduction
66-21 requirements in Section 374.033(b)(9), Section 374.033(b)(10), or
66-22 Section 374.033(b)(12) shall be met when domestic septage is
66-23 applied to agricultural land, forest, or a reclamation site and one
66-24 of the vector attraction reduction requirements in Section
66-25 374.033(b)(9) through Section 374.033(b)(12) shall be met when
67-1 domestic septage is placed on an active sewage sludge unit.
67-2 (b)(1) The mass of volatile solids in the biosolids shall be
67-3 reduced by a minimum of 38 percent.
67-4 (2) When the 38 percent volatile solids reduction
67-5 requirement in Section 374.033(b)(1) cannot be met for an
67-6 anaerobically digested biosolids, vector attraction reduction can
67-7 be demonstrated by digesting a portion of the previously digested
67-8 biosolids anaerobically in the laboratory in a bench-scale unit for
67-9 40 additional days at a temperature between 30 and 37 degrees
67-10 Celsius. When at the end of the 40 days, the volatile solids in
67-11 the biosolids at the beginning of that period is reduced by less
67-12 than 17 percent, vector attraction reduction is achieved.
67-13 (3) When the 38 percent volatile solids reduction
67-14 requirement in Section 374.033(b)(1) cannot be met for an
67-15 aerobically digested sewage sludge, vector attraction reduction can
67-16 be demonstrated by digesting a portion of the previously digested
67-17 biosolids that has a percent solids of two percent or less
67-18 aerobically in the laboratory in a bench-scale unit for 30
67-19 additional days at 20 degrees Celsius. When at the end of the 30
67-20 days, the volatile solids in the biosolids at the beginning of that
67-21 period is reduced by less than 15 percent, vector attraction
67-22 reduction is achieved.
67-23 (4) The specific oxygen uptake rate (SOUR) for
67-24 biosolids treated in an aerobic process shall be equal to or less
67-25 than 1.5 milligrams of oxygen per hour per gram of total solids
68-1 (dry weight basis) at a temperature of 20 degrees Celsius.
68-2 (5) Biosolids shall be treated in an aerobic process
68-3 for 14 days or longer. During that time, the temperature of the
68-4 sewage sludge shall be higher than 40 degrees Celsius and the
68-5 average temperature of the sewage sludge shall be higher than 45
68-6 degrees Celsius.
68-7 (6) The pH of biosolids shall be raised to 12 or
68-8 higher by alkali addition and, without the addition of more alkali,
68-9 shall remain at 12 or higher for two hours and then at 11.5 or
68-10 higher for an additional 22 hours.
68-11 (7) The percent solids of biosolids that does not
68-12 contain unstabilized solids generated in a primary wastewater
68-13 treatment process shall be equal to or greater than 75 percent
68-14 based on the moisture content and total solids prior to mixing with
68-15 other materials.
68-16 (8) The percent solids of biosolids that contain
68-17 unstabilized solids generated in a primary wastewater treatment
68-18 process shall be equal to or greater than 90 percent based on the
68-19 moisture content and total solids prior to mixing with other
68-20 materials.
68-21 (9)(i) Biosolids shall be injected below the surface
68-22 of the land.
68-23 (ii) No significant amount of the
68-24 biosolids shall be present on the land surface within one hour
68-25 after the biosolids are injected.
69-1 (iii) When the biosolids that are injected
69-2 below the surface of the land is Class A with respect to pathogens,
69-3 the biosolids shall be injected below the land surface within eight
69-4 hours after being discharged from the pathogen treatment process.
69-5 (10)(i) Biosolids applied to the land surface or
69-6 placed on a surface disposal site shall be incorporated into the
69-7 soil within six hours after application to or placement on the
69-8 land.
69-9 (ii) When biosolids that are incorporated
69-10 into the soil is Class A with respect to pathogens, the sewage
69-11 sludge shall be applied to or placed on the land within eight hours
69-12 after being discharged from the pathogen treatment process.
69-13 (11) Biosolids placed on an active sewage sludge unit
69-14 shall be covered with soil or other material at the end of each
69-15 operating day.
69-16 (12) The pH of domestic septage shall be raised to 12
69-17 or higher by alkali addition and, without the addition of more
69-18 alkali, shall remain at 12 or higher for 30 minutes.
69-19 APPENDIX A - PROCEDURE TO DETERMINE THE ANNUAL WHOLE BIOSOLIDS
69-20 APPLICATION RATE FOR BIOSOLIDS
69-21 Section 374.013(a)(4)(ii) requires that the product of the
69-22 concentration for each pollutant listed in Table 4 of Section
69-23 374.013 in biosolids sold or given away in a bag or other container
69-24 for application to the land and the annual whole biosolids
69-25 application rate (AWBAR) for the biosolids not cause the annual
70-1 pollutant loading rate for the pollutant in Table 4 of Section
70-2 374.013 to be exceeded. This appendix contains the procedure used
70-3 to determine the AWBAR for a biosolid that does not cause the
70-4 annual pollutant loading rates in Table 4 of Section 374.013 to be
70-5 exceeded.
70-6 The relationship between the annual pollutant loading rate
70-7 (APLR) for a pollutant and the annual whole biosolids application
70-8 rate (AWBAR) for a biosolids is shown in equation (1).
70-9 Where:
70-10 per 365 day period.لل
70-11 solids (dry weight basis).لل
70-12 hectare per 365 day period (dry weight basis).لل
70-13 To determine the AWBAR, equation (1) is rearranged into
70-14 equation (2):
70-15 C X 0.001
70-16 The procedure used to determine the AWBAR for a sewage sludge
70-17 is presented below.
70-18 PROCEDURE:
70-19 1. Analyze a sample of the biosolids to determine the
70-20 concentration for each of the pollutants listed in Table 4 of
70-21 Section 374.013 in the biosolids.
70-22 2. Using the pollutant concentrations from Step 1 and the
70-23 APLRs from Table 4 of Section 374.013, calculate an AWBAR for each
70-24 pollutant using equation (2) above.
70-25 3. The AWBAR for the biosolids is the lowest AWBAR
71-1 calculated in Step 2.
71-2 APPENDIX B - PATHOGEN TREATMENT PROCESSES
71-3 A. PROCESSES TO SIGNIFICANTLY REDUCE PATHOGENS (PSRP)
71-4 1. Aerobic digestion. Biosolids are agitated with air or
71-5 oxygen to maintain aerobic conditions for a specific mean cell
71-6 residence time at a specific temperature. Values for the mean cell
71-7 residence time and temperature shall be between 40 days at 20
71-8 degrees Celsius and 60 days at 15 degrees Celsius.
71-9 2. Air drying. Biosolids are dried on sand beds or on paved
71-10 or unpaved basins. The biosolids dry for a minimum of three
71-11 months. During two of the three months, the ambient average daily
71-12 temperature is above zero degrees Celsius.
71-13 3. Anaerobic digestion. Biosolids are treated in the
71-14 absence of air for a specific mean cell residence time at a
71-15 specific temperature. Values for the mean cell residence time and
71-16 temperature shall be between 15 days at 35 to 55 degrees Celsius
71-17 and 60 days at 20 degrees Celsius.
71-18 4. Composting. Using either the within-vessel, static
71-19 aerated pile, or windrow composting methods, the temperature of the
71-20 biosolids are raised to 40 degrees Celsius or higher and remain at
71-21 40 degrees Celsius or higher for five days. For four hours during
71-22 the five days, the temperature in the compost pile exceeds 55
71-23 degrees Celsius.
71-24 5. Lime stabilization. Sufficient lime is added to the
71-25 biosolids to raise the pH of the sewage sludge to 12 after two
72-1 hours of contact.
72-2 B. PROCESSES TO FURTHER REDUCE PATHOGENS (PFRP)
72-3 1. Composting. Using either the within-vessel composting
72-4 method or the static aerated pile composting method, the
72-5 temperature of the biosolids is maintained at 55 degrees Celsius or
72-6 higher for three days. Using the windrow composting method, the
72-7 temperature of the biosolids is maintained at 55 degrees or higher
72-8 for 15 days or longer. During the period when the compost is
72-9 maintained at 55 degrees or higher, there shall be a minimum of
72-10 five turnings of the windrow.
72-11 2. Heat drying. Biosolids are dried by direct or indirect
72-12 contact with hot gases to reduce the moisture content of the
72-13 biosolids to 10 percent or lower. Either the temperature of the
72-14 biosolids particles exceeds 80 degrees Celsius or the wet bulb
72-15 temperature of the gas in contact with the biosolids as the
72-16 biosolids leave the dryer exceeds 80 degrees Celsius.
72-17 3. Heat treatment. Liquid biosolids are heated to a
72-18 temperature of 180 degrees Celsius or higher for 30 minutes.
72-19 4. Thermophilic aerobic digestion. Liquid biosolids are
72-20 agitated with air or oxygen to maintain aerobic conditions and the
72-21 mean cell residence time of the biosolids is 10 days at 55 to 60
72-22 degrees Celsius.
72-23 5. Beta ray irradiation. Biosolids are irradiated with beta
72-24 rays from an accelerator at dosages of at least 1.0 megarad at room
72-25 temperature (ca. 20 degrees Celsius).
73-1 6. Gamma ray irradiation. Biosolids are irradiated with
73-2 gamma rays from certain isotopes, such as Cobalt 60 and Cesium 137,
73-3 at room temperature (ca. 20 degrees Celsius).
73-4 7. Pasteurization. The temperature of the biosolids is
73-5 maintained at 70 degrees Celsius or higher for 30 minutes or
73-6 longer.
73-7 SECTION 4. The importance of this legislation and the
73-8 crowded condition of the calendars in both houses create an
73-9 emergency and an imperative public necessity that the
73-10 constitutional rule requiring bills to be read on three several
73-11 days in each house be suspended, and this rule is hereby suspended,
73-12 and that this Act take effect and be in force from and after its
73-13 passage, and it is so enacted.