Ala. Admin. Code r. 420-3-6-.09
Current through Register Vol. 43, No. 1, October 31, 2024
Section 420-3-6-.09 - Land Application PermitsNo person shall apply septage or septage mixed with other permitted waste to any land of this state for which a current Land Application Permit has not been issued in accordance with these rules.
(1) Before any person may establish, operate, or materially alter or modify a land application facility for the purpose of receiving, treating, or land applying septage or septage mixed with other permitted waste, he or she shall apply to and obtain from the LHD a Land Application Permit on forms provided by the Board and in accordance with the requirements of this rule.(2) The initial application for a permit shall be made jointly to the LHD and the Board and shall be accompanied by the following information: (a) The name(s), mailing address(es), and telephone number(s) of the applicant, business, and property owner, and the street address, or location, of the proposed land application facility.(b) A copy of the property deed, including any easements or "Covenant(s) Running with the Land" and a letter from the property owner, if other than the applicant, granting permission, for a period of at least 2 years, to the applicant to use the property for the treatment and application of septage or septage mixed with other permitted waste.(c) Evidence of an investigation of alternative options locally available to the applicant for the disposal of septage and other permitted waste. Such evidence must demonstrate, to the satisfaction of the LHD and the Board, that the land application of septage and septage mixed with other permitted waste is the only option available to the applicant. Such evidence shall include, but not be limited to, the following:1. A list of sewage treatment plants, municipal solid waste landfills, or other approved disposal facilities, within 30 miles of proposed land application site, available to the applicant.2. Statement(s) from each sewage treatment plant, municipal solid waste landfill, or other approved disposal facility, indicating whether septage or other permitted waste are accepted at those facilities.(d) A Septage Management Plan describing the methods to be used to transport, store, lime-stabilize, screen, and land apply septage or septage mixed with other permitted waste to comply with requirements of Rule 420-3-6-.15 Operation of Land Application Facilities and methods to be used to control erosion, surface run-off, and infiltration. The plan shall address the method by which other permitted waste, if accepted at the facility, will be mixed with septage and lime-stabilized before spreading on the land. In addition, a tracking system shall be proposed in the management plan to ensure that septage is spread uniformly over the area of the facility and to ensure that the annual application rate, specified in Rule 420-3-6-.15 Operation of Land Application Facilities, is strictly observed over the entire area. Such a tracking system may consist of a division of the application area into sectors to be marked by flagging, or other method which would facilitate the rotation of individual applications and effective record keeping. The LHD or the Board may direct the permit holder to make changes to the Septage Management Plan at any time, if deemed necessary to protect public health and the environment.(e) The name(s), address(es), telephone number(s), and Sewage Tank Pumper Permit number(s) of the person(s) who will deliver septage or other permitted waste to the land application facility. Those persons who will land apply septage or septage mixed with other permitted waste at the proposed facility shall be clearly indicated.(f) The expected volumes in gallons of septage or other permitted waste to be received, stored, and land applied at the facility annually. In addition, the type of crop(s) growing or to be grown on the land, the anticipated crop yield per acre, and the crop nitrogen requirement in pounds per acre per 365-day period, as proposed by the Certified Crop Advisor.(g) A description of measures that will be used to properly store or dispose of septage or other permitted waste in the event of equipment failure; when access to the facility is restricted due to flooded, frozen, snow-covered, or other conditions; or during an emergency. Such measures may include the cessation of additional deliveries of septage or other permitted waste to the facility; the use of storage tanks; or the disposal of septage or other permitted waste at a sewage treatment plant or approved landfill. Evidence of agreements made with a sewage treatment plant or an approved landfill shall be presented.(3) The permit holder shall ensure that all persons who deliver, store, treat, or land apply septage or septage mixed with other permitted waste, or perform other practices or operations at the facility, comply with all the requirements of these rules. Any violation at the facility shall be treated as a violation by the permittee, who shall be the subject of enforcement actions taken or initiated by the Board.(4) All land application permits are annual and shall be renewed in December of each year. In order to continue operating the permitted site, the permit holder shall, at least 45 days prior to the expiration date, make an application to renew a permit to the LHD on forms provided by the Board. The LHD in conjunction with the Board may request additional information if necessary.Ala. Admin. Code r. 420-3-6-.09
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.Previous Rule .08 was renumbered .09 per certification published December 31, 2020; effective February 14, 2021.
Authors: John-Paul O'Driscoll, Christie L. White, George B. Allison, Thad Pittman
Statutory Authority:Code of Ala. 1975, §§ 22-2-2(6), 22-10-1 et seq., 22-20-5, 22-26-1, 22-26-2, 22-26-3.