5 Colo. Code Regs. § 1002-64.10

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

Section 5 CCR 1002-64.10 - ADMINISTRATION

A.Letters of Intent for the Use and Distribution of Biosolids. Persons using or distributing biosolids shall submit a Letter of Intent for the Use and Distribution of Biosolids. Letters of Intent for the Use and Distribution of Biosolids shall be submitted to the Division and to the local health authority. A Letter of Intent for the Use and Distribution of Biosolids shall be submitted prior to the initial use or distribution of biosolids and shall be amended as necessary to comply with sections 64.10 below. The contents of the Letter of Intent for the Use and Distribution of Biosolids shall include the following:

(1) Letters of Intent for the Use and Distribution of Biosolids which are submitted for the distribution of biosolids for unrestricted (lawn and home garden) use need only be submitted one time as long as the Biosolids Management Plan in (e) below remains substantially unchanged. The Letter of Intent shall include:

(a) Facility information including the facility name, address, legal contact and phone number.

(b) Information demonstrating compliance with the metals content criteria as described in section 64.12 , Table 3 of these regulations.

(c) Information demonstrating compliance with the pathogen destruction criteria for Class A biosolids as described in section 64.12(B) of these regulations.

(d) Information demonstrating compliance with one or more of the vector attraction reduction criteria as described in section 64.12(C)(3) through (10) of these regulations.

(e) A Biosolids Management Plan describing the distribution or marketing of biosolids to the public.

(f) Copies of labeling, information sheets, cautions or instructions for use required pursuant to section 64.14 of these regulations which will accompany biosolids distributed to the public.

(g) A detailed description of materials (e.g. wood chips), if any, that are mixed, combined, blended or co-applied with the biosolids prior to, during or after treatment, and the associated ratio(s) of such material(s) to biosolids.

(h) Other information deemed by the Division as appropriate to evaluate potential human health and water quality impact of the proposed use.

(2) Letters of Intent for the Use and Distribution of Biosolids which are submitted for the distribution of bagged or containerized biosolids for restricted use need only be submitted one time as long as the Biosolids Management Plan in (e) below remains substantially unchanged. The Letter of Intent shall include:

(a) Facility information including the facility name, address, legal contact and phone number.

(b) Information demonstrating compliance with, at a minimum, the metals content criteria for Table 1 quality biosolids as described in section 64.12(A) of these regulations.

(c) Information demonstrating compliance with the pathogen destruction criteria for Class A biosolids as described in section 64.12(B) of these regulations.

(d) Information demonstrating compliance with one or more of the vector attraction reduction criteria as described in section 64.12(C)(3) through (10) of these regulations.

(e) A Biosolids Management Plan describing the distribution or marketing of biosolids to the public.

(f) Copies of labeling, information sheets, cautions or instructions for use required pursuant to section 64.14 of these regulations which will accompany biosolids distributed to the public.

(g) A detailed description of materials (e.g.) wood chips, if any, that are mixed, combined, blended or co-applied with the biosolids prior to, during or after treatment, and the associated ratio(s) of such material(s) to biosolids.

(h) Other information deemed by the Division as appropriate to evaluate potential human health and water quality impact of the proposed use.

(3) Letters of Intent for the Use and Distribution of Biosolids which are submitted for projects or programs involving application of biosolids to agricultural land or for reclamation of disturbed land must be submitted for each application site and need only be submitted one time as long as the Biosolids Management Plan in (n) below remains substantially unchanged. The Letter of Intent shall include:

(a) Facility information including the facility name, address, legal contact and phone number.

(b) Site owner and operator information including the name, address, legal contact, proof of ownership, and the phone number of the site owner or the owner's legal representative.

(c) Documentation that the site owner, or the owner's legal representative has been provided a copy of these regulations and has agreed to comply with the requirements of these regulations and to allow access to the site to perform the monitoring and analysis required by section 64.16 of these regulations.

(i) The documentation shall consist of either:

(A) where it is known through site research that biosolids have not been applied, a certification statement signed by the site owner, or the legal representative of the site owner, that the signatory has been provided a copy of these regulations or the applicable portions of these regulations, and has agreed to comply with the applicable requirements of these regulations, in particular the nitrogen restrictions of section 64.15 , and to allow access to the site to perform the monitoring and analysis required by section 64.16 of these regulations, and that the site has not received biosolids application since January 1, 1986, or

(B) where it is known that biosolids have been applied, a certification statement signed by the site owner, or the legal representative of the site owner, that the signatory has been provided a copy of these regulations or the applicable portions of these regulations, and has agreed to comply with the applicable requirements of these regulations, in particular the nitrogen restrictions of section 64.15 , and to allow access to the site to perform the monitoring and analysis required by section 64.16 of these regulations.

(d) When the certification statement provided per paragraph (3)(c)(i)(B) above is that which is submitted and the biosolids source(s) to be applied to the site exceed the pollutant limits in section 64.12 , Table 3, the Letter of Intent shall also include data quantifying loadings of cadmium, copper, lead, nickel and zinc which have occurred after January 1, 1986, and demonstrating that loadings of those metals to the site since that date do not exceed cumulative application limits for those parameters as defined in section 64.12 , Table 2 of this regulation, and data quantifying loadings of arsenic, mercury, and selenium which have occurred after July 1993, and demonstrating that loadings of those metals to the site since that date do not exceed cumulative application limits for those parameters as defined in section 64.12(A).

(e) Contractor information, if applicable, including the name, address, legal contact, and phone number of any contractor whose responsibilities include the transport, storage, treatment, or application of biosolids to the site, or monitoring of the biosolids or any characteristics of the site including soils, vegetation, groundwater, or surface water.

(f) Information demonstrating compliance with, at a minimum, the metals content criteria for Table 1 biosolids as described in section 64.12(A), of these regulations.

(g) Information demonstrating compliance with, at a minimum, the pathogen destruction criteria for Class B biosolids as described in section 64.12(B)(8) of these regulations.

(h) Information demonstrating compliance with one or more of the vector attraction reduction criteria as described in section 64.12(C) of these regulations.

(i) The quarter section(s), section(s), township(s) and range(s) or the latitude and longitude in which the site is located.

(j) A USGS 7.5 or 15-minute map, or a copy of such map, indicating the boundaries of the site and delineating the areas within the site boundaries to which application of biosolids is proposed.

(k) The results of soil monitoring as described in section 64.16 of this regulation demonstrating compliance with criteria addressing soil physical and chemical properties as described in section 64.16 , Table 9 of these regulations.

(l) Natural Resource Conservation Services maps, or copies of such maps, demonstrating compliance with soil depth criteria as described in section 64.15(G)(2) of these regulations.

(m) The results of groundwater depth evaluations demonstrating compliance with groundwater depth criteria as described in section 64.15(D) of these regulations.

(n) A Biosolids Management Plan describing the application of biosolids to the site, the crop(s) cultivated, applicable site access restrictions and, if onsite storage of biosolids is anticipated, facts demonstrating compliance with the requirements of section 64.13 of these regulations.

(o) A detailed description of materials, if any, that are mixed, combined, blended or co-applied with the biosolids prior to, during or after treatment, and the associated ratio(s) of such material(s) to biosolids.

(p) Other information deemed by the Division as appropriate to evaluate potential human health and water quality impact of the proposed use.

B.Division Review. An applicant shall be notified not more than thirty (30) days after receipt of a Letter of Intent to Use or Distribute Biosolids if, and in what respects, the Letter of Intent for the Use and Distribution of Biosolids is incomplete. Upon the written agreement of the applicant, the review period may be extended to such duration is mutually agreed by the applicant and the Division.

C.Issuance of Notices of Authorization for the Use and Distribution of Biosolids. The Division shall either issue or deny the Notice of Authorization for the Use and Distribution of Biosolids within thirty (30) days of its determination that the Letter of Intent for the Use and Distribution of Biosolids is complete. The applicant shall be notified in writing upon denial of the Notice of Authorization for the Use and Distribution of Biosolids of such action and the reason(s) for such action.

D.Appeal of Issuance or Denial of Notice of Authorization for the Use and Distribution of Biosolids. The applicant or any other person, potentially adversely affected or aggrieved by Division issuance or denial of Letters of Intent for the Use and Distribution of Biosolids, may submit a request, within thirty (30) days of the date of issuance or denial, to the Director, Water Quality Control Division, for an adjudicatory hearing.

(1) Any such adjudicatory hearing shall be conducted pursuant to the requirements of sections 24-4-105 and 25-8-401, et seq C.R.S. The Colorado Water Quality Control Act, section 25-8-100, et seq. C.R.S., the Procedural Regulations for all Proceedings before the Water Quality Control Commission and the Water Quality Control Division, Regulation No. 21, 5 CCR 1002-21, and the State Administrative Procedures Act, section 24-4-100, et seq. C.R.S., shall be applicable to all hearings held pursuant to this section.

(2) Only issues of law or fact raised by the applicant or other person prior to an adjudicatory hearing may be raised at the adjudicatory hearing. The person requesting the adjudicatory hearing shall have the burden of proof in all hearings held pursuant to this section.

(3) The adjudicatory hearing shall be before an administrative law judge or hearing officer.

E.Terms and Conditions of Notices of Authorization for the Use and Distribution of Biosolids. Notices of Authorization for the Use and Distribution of Biosolids issued by the Division shall contain such terms, limitations, and conditions as are deemed necessary by the Division to ensure compliance with the criteria contained in these regulations, with applicable water quality standards for surface or groundwater and with control regulations except for those Notices of Authorization for the Use and Distribution of Biosolids which contain terms, limitations and criteria and a schedule of compliance as determined by the Division. At a minimum, all Notices of Authorization for the Use and Distribution of Biosolids shall contain the following:

(1) issuance date;

(2) terms for modification, revocation, or termination;

(3) biosolids monitoring requirements;

(4) soils monitoring requirements, if applicable;

(5) other monitoring requirements, such as vegetation, subsurface soil, groundwater, and surface water monitoring, as determined by the Division to be applicable;

(6) grazing and cropping restrictions, if applicable;

(7) reporting and recordkeeping requirements;

(8) labeling requirements, if applicable;

(9) public access restrictions, if applicable;

(10) a statement of applicable civil and criminal penalties; and

(11) a requirement to notify the Division of a site deactivation or a site closure as outlined in section 64.10(H) and (I) below.

F.Notice of Authorization for the Use and Distribution of Biosolids - Duration. Except for terms and conditions incorporated into Colorado Discharge Permit System Regulations as authorized pursuant to section 64.11 below, Notices of Authorization for the Use and Distribution of Biosolids may be issued by the Division for any period except that no Notice of Authorization for the Use and Distribution of Biosolids, or any permit which is issued by the Division may allow application of biosolids in exceedance of the cumulative application limits as described in section 64.12 Table 2 of this regulation.

G.Notice of Authorization for the Use and Distribution of Biosolids Required. No person shall use biosolids, distribute biosolids for use, or cause biosolids to be used for any beneficial use unless a Notice of Authorization for the Use and Distribution of Biosolids has been issued by the Division to a treatment works treating domestic sewage for such use or distribution.

H. Notice of Authorization for the Use and Distribution of Biosolids. Site Deactivation: Persons no longer applying biosolids to an authorized application site and who no longer intend on applying biosolids to that site shall submit to the Division in writing a request to deactivate the application site. The Division will terminate the Notice of Authorization for the Use and Distribution of Biosolids and will follow-up with a written confirmation. Authorized sites that have not been reported in the annual report in accordance with section 64.17 may be deactivated by the Division. Note: a deactivated site is still available for biosolids application by other persons.

I.Notice of Authorization for the Use and Distribution of Biosolids. Site Closure: Persons no longer applying biosolids to an authorized application site because:

1) the site has reached or exceeded the Cumulative Pollutant Loading Rates outlined in section 64.12 , Table 2 of this regulation, or

2) biosolids application has ceased due to land-use changes e.g. proposed development, shall submit to the Division in writing a request to close the application site. The Division will terminate the Notice of Authorization for the Use and Distribution of Biosolids and will follow-up with a written confirmation. A closed site is no longer available for biosolids application by any person.

J.Notice of Authorization for the Use and Distribution of Biosolids. Site Transfer: An NOA may be transferred to a new person from a person no longer applying biosolids to an authorized application site and who no longer intends on applying biosolids to that site. A signed transfer document showing the agreement between the parties shall be submitted to the Division. The Division will complete the transfer by sending a written confirmation. Note: The Transferor shall transfer all the information relating to biosolids application for the site to the new persons.

5 CCR 1002-64.10

44 CR 17, September 10, 2021, effective 9/30/2021