Ala. Admin. Code r. 420-3-6-.15

Current through Register Vol. 42, No. 11, August 30, 2024

Section 420-3-6-.15 - Operation Of Land Application Facilities

The operation and management of a land application facility shall not cause a nuisance or hazard menacing public health or the environment; provide harborage or food for vermin or vectors; or cause contamination or pollution of groundwater, surface waters, or public or private drinking water wells. All land application facilities shall be operated in accordance with the requirements of this rule.

(1) Septage or septage mixed with other permitted waste may be land applied to agricultural land, forest land, and other non-public contact sites in accordance with these rules. A crop or vegetative cover shall be present during each application to prevent soil erosion and surface run-off of the waste, and to absorb the nitrogen present in the waste. Septage or septage mixed with other permitted waste shall not be applied to bare soil except immediately preceding the sowing or planting of a new crop or vegetative cover, when it shall be plowed or disced into the soil. Under no circumstances shall septage be applied to a public contact site, as defined in this chapter. Dust, noise, and odor shall be minimized.

(2) Before each load of septage or septage mixed with other permitted waste is land applied it shall be pre-treated according to the following procedures:

(a) Septage and other permitted waste, if present, shall be mixed and lime-stabilized by the addition and thorough agitation of a sufficient quantity of quicklime or hydrated lime to uniformly raise the pH to 12 or higher for 30 minutes or more. If, on recording the pH after the elapse of 30 minutes, it is below 12, additional lime shall be added to raise the pH to 12 throughout the entire load for 30 minutes before it is land applied. No septage or septage mixed with other permitted waste shall be land applied where its pH is less than 12. Operators shall be equipped during the preparation of each load of septage to accurately measure the pH.

(b) Septage and other permitted waste, if present, shall be screened of plastic and metal objects and other debris, which shall be disposed of in accordance with Chapter 420-3-5, Solid Waste Collection and Transportation.

(3) When quicklime or hydrated lime are used, they shall be administered in accordance with the product label directions, including all safety precautions. Quicklime releases great heat when mixed with water and can cause severe burning of the skin and eyes.

(4) It shall be a violation of these rules for any person to accept, treat, store, or spread grease at a land application facility unless specifically approved to do so under a Land Application Permit issued by the LHD.

(a) Grease shall not be spread on or applied to the land at any land application facility permitted pursuant to these rules, except after the grease is mixed with septage at a ratio of 1 part grease, or less, to 3 parts of septage. The mixture shall be lime-stabilized according to subparagraph (2) (a) of this rule and thoroughly agitated before being spread or applied on the land. The mixture of septage and grease shall be screened in accordance with (2)(b) of this rule before being land applied.

(b) It shall be the responsibility of the permit holder to ensure that the ratio of grease to septage in a mixture does not exceed 1:3 when applied on the land. During the pumping of a grease trap, the approximate portion of its contents which is grease shall be determined and recorded.

(c) The LHD or the Board may prohibit the spreading or application of additional grease at a facility if it is determined that the practice is adversely impacting the land, or for other reasons deemed appropriate to prevent the creation of a public health nuisance.

(5) To prevent the ponding or accumulation of septage or septage mixed with other permitted waste and to ensure even and uniform application, vehicles shall be equipped with a splash plate or similar device at the discharge pipe to achieve a uniform spread at least equal to the width of the vehicle. The vehicle shall be equipped with a discharge valve control accessible to the driver, or other method to open the valve while the vehicle is in forward motion. If necessary, septage or septage mixed with other permitted waste shall be maintained under pressure in the vehicle tank during dispersal, in order to achieve the desired spread. The vehicle shall be in forward motion when the valve is opened to release the contents and shall continue in forward motion until the tank is empty or until the discharge pipe is closed. At no time shall a vehicle stop or remain stationary while dispersing its contents.

(6) The land application of portable toilet waste and marine sanitation waste is discouraged. All portable toilet waste and marine sanitation waste shall be pre-treated in a manner acceptable to the Board before they are land applied.

(7) Septage or sludge shall not be applied during rain events of sufficient magnitude to cause runoff, or during periods in which surface soils of the land application area are saturated. Sufficient septage storage capacity shall be provided for periods of inclement weather and equipment failure. Facilities shall be designed, located, and operated to prevent nuisance conditions and avoid site run-off.

(8) The boundaries of the land application facility shall be clearly marked by flagging or other material at regular intervals. The setback distance from property boundaries (75 feet), if applicable, shall also be marked to be clearly visible.

(a) An undisturbed vegetative buffer of at least 50 feet wide shall be established and maintained along all drainage ditches within the facility area and at or near property boundaries to reduce runoff and noise pollution. The land application area shall have sufficient buffer areas or stormwater management structures to retain the runoff from a 10-year 1-hour storm on the site.

(9) Each application of septage or septage mixed with other permitted waste shall be made in sequence with previous applications to ensure uniform distribution and compliance with the annual application rate, and to derive the maximum benefit from the nutrients contained therein.

(a) The permit holder shall establish and maintain a system for rotating all land applications according to a sequence for the entire area of the facility. Where septage or septage mixed with other permitted waste is applied by persons other than the permit holder, the permittee shall indicate the precise pattern of the rotation using flagging, markers, pointers, or other devices which are clearly visible.

(b) The permit holder shall maintain a facility log and site plan in a legible form and shall ensure that data pertaining to each application are recorded. The log shall be updated after each application to record: the date, time, volume, and area or sector of last application; name and permit number of operator; and other data required under Rule 420-3-6-.16 Record Keeping. The site plan shall show the entire facility area and the rotation pattern. It shall be clear from the log and site plan where the last application was made.

(10) Active areas which currently receive septage or septage mixed with other permitted waste, or for which 30 days have not elapsed, shall be restricted from grazing animals by the use of appropriate fencing and gates. The permit holder may divide the area of the facility for grazing purposes and rotate the grazing animals while observing the 30-day limit.

(11) For all land application facilities, the following crop restrictions shall apply:

(a) Food crops with harvested parts that touch the septage/soil mixture and are totally above ground shall not be harvested for 14 months after application of domestic septage.

(b) Food crops with harvested parts below the surface of the land shall not be harvested for 20 months after application of domestic septage when the domestic septage remains on the land surface for 4 months or longer prior to incorporation into the soil.

(c) Food crops with harvested parts below the surface of the land shall not be harvested for 38 months after application of domestic septage when the domestic septage remains on the land surface for less than 4 months prior to incorporation into the soil.

(d) Animal feed, fiber, and those food crops whose harvested parts do not touch the soil surface shall not be harvested for 30 days after application of the domestic septage.

(e) Turf grown on land where domestic septage is applied shall not be harvested for 1 year after application of the domestic septage when the harvested turf is placed on either a lawn or land with a high potential for public contact, unless otherwise specified by the permitting authority.

(12) The permit holder shall employ appropriate measures 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 at a sewage treatment plant or approved landfill, until conditions at the facility become suitable for land application.

(13) Prominent entry points to the land application facility shall be posted with signs stating the business name of the permit holder, the permit number, and the permit holder's telephone number. The sign shall be clearly visible with letters at least 1 inch in height on material that is weather-resistant and shall include the words: "septage application site" and "no trespassing area." The permit holder shall take appropriate measures to minimize public access to the land application facility by the use of appropriate fencing materials and gates. Fencing and gates shall be appropriately maintained. Public access to the facility or any part thereof shall be restricted for at least 30 days after the last septage application.

(14) An effective method to control erosion, run-off, and infiltration shall be employed at the facility. The land shall be protected by the growing and harvesting of a nitrogen-consuming crop to protect surface and groundwater from nitrogen pollution. Heavy vehicles shall not enter the land application area when the ground is saturated or flooded. When applying septage or septage mixed with other permitted waste, vehicle drivers shall avoid sloping land when vegetation or ground cover is sparse or thin to minimize the risk of run-off from the site. Septage or septage mixed with other permitted waste shall not be applied to land having a slope greater than 12 percent.

(15) The permit holder shall employ adequate measures to minimize vermin and vector attraction at the land application facility. In addition to the lime stabilization requirement of this rule, the permit holder shall harvest or mow the crop or vegetative cover when necessary to reduce the potential for vector attraction. To prevent ponding or accumulation on the land application area and to minimize the attraction of flies, rodents, and other vectors, septage or septage mixed with other permitted waste shall be spread uniformly over the land application area in accordance with paragraph (5) of this rule.

Ala. Admin. Code r. 420-3-6-.15

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 .10 was renumbered .15 per certification published December 31, 2020; effective February 14, 2021.

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

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.