Ala. Admin. Code r. 420-3-6-.02

Current through Register Vol. 43, No. 1, October 31, 2024

Section 420-3-6-.02 - Definitions

When used in this chapter, the following terms and words shall be construed and have the meaning assigned to them as follows, except where the context prohibits:

(1)ADEM - the Alabama Department of Environmental Management.

(2)ADPH - the Alabama Department of Public Health, the administrative arm of the Board, including variations in the name such as State of Alabama Department of Public Health, State Department of Public Health, State Health Department, or Public Health Department.

(3)Agricultural Land - land on which a food crop, feed crop, or fiber crop is grown, including, but not limited to, range land and land used as pasture.

(4)Annual Application Rate - the maximum amount of septage, expressed in gallons, that can be applied to a unit area of land during a 365-day period, as determined by the crop nitrogen requirement and the nitrogen content of the septage, according to these rules. This rate may vary throughout the 365-day period based on the season and rotation of crop(s) being grown.

(5)AOWB - the Alabama Onsite Wastewater Board.

(6)Average Seasonal High Extended Saturation (ASHES) - a zone or layer 6 or more inches thick that becomes saturated at least once during most years for a significant duration, typically 20 or more consecutive days or 30 or more cumulative days. ASHES is determined by the observation of common (2 percent or more) soil mottles of colors of chroma 2 or less, using the Munsell color chart, in a mottle or a solid mass.

(7)Bedrock - a general term for the consolidated rock that underlies the soil and other unconsolidated material or that is exposed at the surface.

(a) Hard bedrock is known as a lithic contact and is described as a boundary between soil and continuous, coherent, underlying material. The underlying material shall be sufficiently coherent to make hand-digging with a spade impractical. If it is a single mineral, its hardness is three (Mohs scale), and gravel size chunks that do not disperse with 15 hours shaking in water or sodium hexametaphosphate solution.

(b) Soft bedrock is known as a paralithic contact and is similar to a lithic contact except that it is softer and can be dug with difficulty with a spade. A single mineral shall have a hardness less than three (Mohs scale), and gravel size chunks shall partially disperse within 15 hours shaking in water or sodium hexametaphosphate solution.

(c) Practical application of the Mohs scale: When hit with a spade, a definite ring indicates a Mohs rating of three or greater. If no ring but more of a thud occurs, it indicates a rating less than three.

(8)Best Management Practice - an activity or action, based on a formal plan, implemented in the approved manner, and properly maintained, that protects the public's health and the environment.

(9)Board - the Alabama State Board of Health as defined by § 22-2-1, Code of Ala. 1975.

(10)Certified Crop Advisor (CCA) - an individual who has obtained and maintained the Certified Crop Advisor Credential from the American Society of Agronomy.

(11)Covenant(s) Running with the Land - an agreement between the property owner and another which is recorded in the office of the Probate Judge or other records office and which is intended to bind successors in title.

(12)Easement - a legally executed interest in land or property owned by other person(s) which entitles the holder to specified use or enjoyment.

(13)Engineer - a person registered as a professional engineer with the State of Alabama Board of Licensure for Professional Engineers and Land Surveyors, practicing under the Rules of Professional Conduct (Code of Ethics).

(14)EPA - The United States Environmental Protection Agency.

(15)Facility - all land and appurtenances thereon used for the storage, treatment, and land application of septage or other permitted waste. For sewage tank pumpers, a facility is defined as that location where the trucks are stored, cleaned, and maintained.

(16)Flood Prone Area - an area that is generally subject to being flooded or ponded more than 50 times in 100 years or greater than a 50 percent chance in any year. This definition refers to an area that is subject to frequent flooding as observed, or as indicated by soil characteristics defined in the standards of the National Soil Survey Handbook, United States Department of Agriculture.

(17)Forest Land - a tract of land covered by a concentration of trees and related vegetation in non-urban areas sparsely inhabited by, and infrequently used by, humans.

(18)Frequent Flooding - flooding is likely to occur often under usual weather conditions; more than a 50 percent chance of flooding in any year or more than 50 times in 100 years.

(19)Grease - oil, animal fat, vegetable fat, and similar wastes generated from food preparation activities at a domestic residence, restaurant, retail food service operation, school, or institutional source that are captured in a grease trap. Industrial waste is excluded from this definition.

(20)Grease Trap - a watertight tank or receptacle in which the grease present in sewage is intercepted.

(21)Groundwater - water below the land surface in the zone of saturation.

(22)Hydrogeologist - a person registered as a professional geologist with the Alabama Board of Licensure for Professional Geologists and practicing under the Rules and Regulations and Code of Ethics of such with a specialty in hydrogeology.

(23)Industrial Waste - any liquid waste, grease, sludge, or other waste resulting from any process of industry, manufacture, trade or business, other than food preparation, or from the development of natural resources.

(24)Land Application - the spraying or spreading of septage onto the land surface so that the septage can either condition the soil or fertilize crops or vegetation grown in the soil.

(25)Lime Stabilization - the addition of a sufficient quantity of quicklime or hydrated lime to septage or other permitted waste to raise and maintain the pH at 12 or higher for a minimum period of 30 minutes.

(26)Local Health Department (LHD) - a county health department.

(27)Marine Sanitation Waste - sewage or similar waste generated on board a boat or water-going vessel and stored in a holding tank before discharge or removal.

(28)Observation Pits - soil inspection trenches that shall be a minimum of 3 feet wide and 60 inches deep unless rock is encountered. Pits shall be constructed in such a fashion as to be safely accessible for the evaluator.

(29)Onsite Sewage Treatment and Disposal System (OSS) - a system that collects, transports, treats, and provides subsurface dispersal of sewage from establishments or dwellings.

(30)Other Permitted Waste - grease, portable toilet waste, or marine sanitation waste.

(31)Pathogen - a disease-causing organism, including, but not limited to, certain bacteria, protozoa, and viruses.

(32)Person - an individual, firm, partnership, corporation, state agency, municipal corporation, party, company, association, or other public or private legal entity.

(33) pH - the logarithm of the reciprocal of the hydrogen ion concentration and a measure of alkalinity on a scale of 1 to 14. On said scale, 1 is extreme acid and 14 is extreme alkaline.

(34)Portable Toilet Waste - a waste resulting from chemical toilets, privy holding tanks, or other equipment designed for temporary collection and storage of waste containing human feces or residuals of such, or any other such waste having similar characteristics.

(35)Public Contact Site - land that has a high potential for contact or use by the public, including, but not limited to, public parks, athletic fields, cemeteries, golf courses, and highway shoulders and medians.

(36)Redoximorphic (Redox) Features - features formed by the processes of reduction, translocation, and/or oxidation of iron (Fe) and manganese (Mn) oxides. These features were formerly called mottles and low chroma colors. Redox features are indicators of current conditions of saturation, usually of significant duration.

(37)Refusal Layer - a layer of highly compacted soil, boulders, rock, or other compacted material, below the soil surface, that is difficult or impossible to penetrate with soil boring equipment, such as a hand auger.

(38)Septage - the solids and liquids removed during the pumping of an OSS pre-treatment device. For the purposes of these rules, the term septage shall exclude marine sanitation and portable toilet wastes that have not been pre-treated in a manner approved by the Board.

(39)Septic Tank - a tank that receives sewage and that meets the requirements of septic tanks as provided by Chapter 420-3-1, Onsite Sewage Treatment and Disposal.

(40)Sewage - for the purpose of these rules, the term refers to the following:

(a) Sewage - waterborne or non-waterborne waste of similar composition and strength as may be found in the typical residence or dwelling and that has a wastewater (sewage) concentration of B0D5 - 250 mg/1, Total Suspended Solids - 250 mg/1, Ammonia - 10 mg/1, and Total Phosphorus - 9 mg/1.

(b) High Strength Sewage - waterborne or non-waterborne waste from establishments, such as kitchen waste, that is of similar composition but of higher strength than would be found in a typical dwelling.

(41)Sewage Tank Pumper - a person engaged in the business, operation, or practice of removing and disposing of sludge, grease, septage, or solid or liquid waste from sewage tanks and who is appropriately licensed by the AOWB and permitted by the LHD.

(42)Sewer System - the conduits, sewers, and all devices and appurtenances by means of which sewage is collected, pumped, treated, and disposed of, all of which are owned and operated by a municipality, utility, a legally constituted agency of government, or a private enterprise.

(43)Sinkhole - a natural depression formed as a result of subsurface removal of soil or rock materials and causing the formation of a collapse feature that exhibits internal drainage. The existence of a sinkhole is typically indicated by closed depression contour lines on a United States Geological Survey 7.5-minute quadrangle topographic map, or as determined by field investigation. A sinkhole begins at the outer margins of the depression, as determined at the site by a professional geologist.

(44)Soil Classifier - a person registered as a professional soil classifier with the State of Alabama Board of Registration for Professional Soil Classifiers and practicing under the rules and regulations and Code of Ethics of such.

(45)Spill Prevention, Control, and Countermeasure Plan (SPCC) - the document that details the equipment, workforce, procedures, and steps to prevent, control, and provide adequate countermeasures to a discharge of septage and other permitted wastes.

(46)Storage Tank - a watertight container with a minimum capacity of 5,000 gallons.

(47)Surface Water - water above the surface of the ground, including, but not limited to, waters of a bay, river, stream, watercourse, pond, lake, swamp, wetland, spring, or artesian well, located partially or wholly within the state, including the Gulf of Mexico. Generally, these features exhibit some characteristic(s) indicating a degree of permanence (i.e., a riverbank, a depression that holds water for a few days after a rain, or a wet weather spring does not qualify).

(48)Ten-Year One-Hour Storm - a predetermined rainfall event that yields 5-10 inches of rainfall in a 24-hour period. Reference U.S. Soil Conservation Service Technical Release 55: Urban Hydrology for Small Watersheds (June 1986).

(49)Vector - an organism that is capable of carrying or transmitting a human pathogen, or human disease-causing agent, from one host to another.

(50)Vermin - any of various small animals or insects that are destructive, annoying, or injurious to health, including, but not limited to, flies, cockroaches, rodents, foxes, and weasels.

(51)Vicinity Map - a map which indicates the region near or about a place and the proximity to prominent, permanent, or established landmarks, and which indicates correct road or street names and/or numbers, and which is sufficiently accurate to locate the property without additional direction or assistance.

(52)Water Table Elevation - the upper limit of the portion of the ground wholly saturated with water.

(53)Wet Season Water Table - the water table elevation occurring during that portion of the year which receives the highest amount of rainfall, as observed during actual measurement or as determined by a soil classifier based on established soil indicators (redoximorphic features).

(54)Wetlands - a transitional area between aquatic and terrestrial ecosystems that is inundated or saturated for long enough periods to produce hydric soils and support hydrophytic vegetation.

Ala. Admin. Code r. 420-3-6-.02

Filed: September 20, 1989. Repealed. Filed: November 19, 1991. New Rule: Filed: October 20, 1994; effective November 24, 1994.

Adopted by Alabama Administrative Monthly Volume XXXIX, Issue No. 03, December 31, 2020, eff. 2/14/2021.

Author: John-Paul O'Driscoll, Christie L. White, George B. Allison, Thad Pittman, Richard Smith, Boyd Rogers