Section 32.13 - Obtaining and Renewing an Approval of SuitabilityIn order to obtain and keep a Department Approval of Suitability, the owner or operator shall comply with the following requirements:
(1) For sludge, the owner or operator shall submit to the Department an application which shall include at least the following:(a) a listing of industrial discharges to the owner's or operator's facility including, whenever known, a description, by quantity and quality, of the content of all industrial discharges to such facility; and(b) the quantity of septage discharged into the owner's or operator's facility, expressed in gallons of septage per day; and(c) the daily wastewater flow through the owner's or operator's facility, expressed in gallons per day; and(d) the quantity of sludge generated by the owner's or operator's facility, expressed in dry tons of sludge per day; and(e) a description of the stabilization process the owner or operator proposes to utilize to comply with 310 CMR 32.12; and(f) a sampling and analysis plan which describes1. the proposed sampling methods and sampling frequency;2. the proposed sampling locations;3. the proposed procedure for handling samples;4. the name and address of the laboratory to which the samples will be sent for analysis; and5. the procedure the laboratory proposes to utilize to check and analyze the samples.(2) For septage, the owner or operator shall submit to the Department an application which shall include at least the following:(a) a description, by quantity and quality, of all materials contributed to the septage by industrial and commercial establishments and institutions; and(b) the estimated quantity of septage received, stored, or disposed of by the owner or operator, each expressed in gallons per day; and(c) a description of the stabilization process the owner or operator proposes to utilize to comply with 310 CMR 32.12; and(d) a sampling and analysis plan which describes1. the proposed sampling methods and frequency;2. the proposed sampling locations;3. the proposed procedure for handling samples;4. the name and address of the laboratory to which the samples will be sent for analysis; and5. the procedure the laboratory proposes to utilize to check and analyze the samples.(3) All samples taken in accordance with the sampling and analysis plan shall be representative samples of the sludge or septage to be used, sold, or distributed, or offered for use, sale, or distribution. For sludge, this shall mean that such samples shall be taken at the last point in the stabilization process before the sludge is used, sold, or distributed, or offered for use, sale, or distribution.(4) The Department shall only accept data that has been obtained in accordance with an approved sampling and analysis plan. All sampling and analysis shall be in compliance with 310 CMR 32.13 and 32.70.(5) Sampling and analysis shall be for the following substances:(a) in all cases for each the following, except for pH and percent solids, expressed in terms of dry weight:4. percent Ammonium Nitrogen (NH4-N),5. percent Nitrogen Nitrate (N03-N),6. percent Phosphorus (P),7. percent Potassium (K),8. parts per million Cadmium (Cd),9. parts per million Total Chromium (Cr),10. parts per million Copper (Cu),11. parts per million Lead (Pb),12. parts per million Mercury (Hg),13. parts per million Nickel (Ni),14. parts per million Zinc (Zn),15. parts per million Molybdenum (Mo),16. parts per million Boron (B), and17. parts per million PCBs.(b) those organic chemicals for which drinking water standards or guidelines exist either in Federal or Massachusetts regulations or in any guidance document approved by the Department. 310 CMR 32.12(2) may be waived if an owner or operator persuades the Department that during the period for which the Approval of Suitability is to be issued, the sludge or septage is not and will not be applied or stored over an existing, planned, or potential groundwater public water supply or within 2,500 feet of a well used as a source of drinking water supply by a public water system, or within 2,500 feet of the high water mark of any Class A water.(c) any additional substance for which sampling and analysis is required by the Department, before or after the sludge or septage is approved by the Department pursuant to 310 CMR 32.11. Such a requirement may be either at the request of the board of health of a city or town in which sludge or septage is to be land applied or on the Department's own initiative upon review of information submitted in compliance with 310 CMR 32.13(1) and (2) or any other information.(6) For at least six months before the application for an Approval of Suitability is filed pursuant to 310 CMR 32.11, while the application is pending, and for so long as such Approval of Suitability remains in effect, the owner or operator shall analyze the sludge or septage at least as often as is specified in the following table: TABLE 32.13
I. SludgeFlow of Wastewater (Million Gallons per Day) | Minimum Frequency of Sampling Period and Analysis |
Less than one and no industrial discharge into the water or wastewater treatment system | One sampling period every six months |
Less than one and any industrial discharge into the water or wastewater treatment system | One sampling period every three months |
one - five | One sampling period every three months |
More than five | One sampling period every month |
II. SeptageGallons of Septage per Day | Minimum Frequency of Sampling and Analysis |
Less than 5,000 | One sampling period every six months |
5,000 - 15,000 | One sampling period every three months |
More than 15,000 | One sampling period every month |
(7) On its own initiative or at the request of the board of health of a city or town in which the owner's or operator's facility or the land application site is located, the Department may take the following action both before and after the sludge or septage is approved by the Department pursuant to 310 CMR 32.11: (a) increase the required sampling frequency;(b) require a change in the sampling method or location(s) if what was previously approved did not result in obtaining samples which were representative of the sludge or septage;(c) reduce the required sampling frequency and/or substances for which sampling and analysis are required if the sludge or septage quality consistently meets the limitations set forth in 310 CMR 32.12(2)(a), (b), or (c), as the case may be. Reduction shall be in accordance with the following schedule: Required Sampling Frequency | Number of Consecutive Result Reports | Frequency Reduction to | Substance Reduction |
One sampling period every six months | Two consecutive | One sampling period every 12 months | As determined by the Department |
One sampling period every three months | Four consecutive | One sampling period every six months | As determined by the Department |
One sampling period every month | Eight consecutive | One sampling period every three months | As determined by the Department |
(8) If the Department, pursuant to 310 CMR 32.13(5)(c) or 32.13(7), makes any change in sludge or septage monitoring requirements, the Department shall give written notice of such change to the owner or operator, to the board of health of the city or town in which the owner's or operator's facility is located, and to any board of health which makes a request for such change pursuant to 310 CMR 32.13(5)(c) or 32.13(7).(9) Immediately after receiving the results of each analysis, the owner or operator shall send a copy of said results to the Department, to the board of health of the city or town in which the owner's or operator's facility is located, and to the board(s) of health which requested a change in sampling pursuant to 310 CMR 32.13(5)(c) or 32.13(7).(10) Whenever the Department grants an Approval of Suitability pursuant to 310 CMR 32.11, the Department shall send a copy of such Approval of Suitability to the owner or operator, to the board of health of the city or town in which the owner's or operator's facility is located, and to the board(s) of health which requested a change in the sampling pursuant to 310 CMR 32.13(5)(c) or 32.13(7).(11)(a) To renew an Approval of Suitability of a Type I sludge, the owner or operator shall submit a request for renewal six months before the expiration of the existing Approval. The request shall include the information required in 310 CMR 32.13(1), 32.14(1), and written concurrence from the board of health as described in 310 CMR 32.14(2).(b) Renewal requests for Type I Approvals shall be presumptively approved unless within 45 days from submission of a complete application and payment of the required fee, the Department, in writing:1. requests additional information from the applicant;2. grants a written Approval of Suitability, which may include any conditions the Department deems appropriate to protect public health, safety welfare or the environment; or3. denies approval of the renewal request. In the event the Department requests additional information from the applicant, a new 45 day presumptive renewal period shall commence upon the Department's receipt of the additional information.
(c) The Department shall notify the owner or operator of the renewal decision along with the board(s) of health required to be notified under 310 CMR 32.14(2).Amended by Mass Register Issue 1322, eff. 9/23/2016.