5 Colo. Code Regs. § 1003-7-2

Current through Register Vol. 47, No. 11, June 10, 2024

Section 5 CCR 1003-7-2 - ADMINISTRATION OF BENEFICIAL USE CERTIFICATIONS

A. Submission of Beneficial Use Plans Prior to Application of Water Treatment Sludge

No producer shall sell water treatment sludge, distribute water treatment sludge or supply water treatment sludge in any manner to any other person for use at an application site unless:

(1) The producer has submitted a complete Beneficial Use Plan by certified mail or by personal service to the Department, and a copy of the letter to the local health department authority, regarding that application;

(2) the producer has obtained permission from the user to enter on the site to perform any monitoring and analysis identified in the Beneficial Use Plan;

(3) the producer has made available a copy of these regulations to the user;

(4) the Department has issued a Beneficial Use Certification.

B. Content of Beneficial Use Plan

The Beneficial Use Plan shall contain a legal description of the land to which water treatment sludge is to be applied; the number of pounds of water treatment sludge to be applied per acre; the types of crops to be grown on the land, and the number of acres of each crop; analysis of the water treatment sludge for the parameters identified in Table 1; documentation that the comments of the local health authority have been solicited; the name and address of the producer, the name and address of any contractor, and a copy of the contract, if applicable, the name and address of the user, a detailed monitoring plan and identifying measures which remediate any detrimental impact of the application, and other information deemed by the Department as appropriate to evaluate potential human health and environmental impact of the proposed use.

C. Department Review

Following adoption of these regulations a producer shall be advised by the Department not more than thirty days after receipt of a Beneficial Use Plan by the Department if, and in what respects, the Beneficial Use Plan is incomplete.

D. Beneficial Use Certification

The Department shall either issue or deny the Beneficial Use Certification not more than thirty days after the Department has deemed the Beneficial Use Plan to be complete.

5 CCR 1003-7-2