7 Del. Admin. Code § 7103-118.0
Current through Register Vol. 28, No. 3, September 1, 2024
Section 7103-118.0 - Project Development Reports: Specific Requirements for FacilitiesA permit is required for the construction and operation of any sludge handling, storage, processing or treatment operation. Such facilities include, but are not limited to: composting, alkaline stabilization or heat drying facilities, storage lagoons or tanks, and disposal sites. Information required for the Project Development Report includes:
118.1 Maps and related information.118.1.1 A topographic map or maps on a scale not less than a USGS 7.5 minute series or equivalent, including any necessary narrative descriptions, which show the following: 118.1.1.1 All boundaries and names of present owners of record of land and including easements, rights of way, and other property interests, for the proposed permit area and contiguous area; and a description of all title, deed, or usage restrictions affecting the proposed permit area.118.1.1.2 Latitude and longitude of site118.1.1.3 The boundaries of any land where sludge or sludge product will be stored at various times over the estimated total life of the proposed operation.118.1.1.4 The location and name of any domestic wells within 1000 feet and irrigation, commercial, industrial and public wells within 2500 feet of the outer edge of the buffer zone as defined in 137.4. Information may be obtained (for a fee) through the Department from the Delaware Water User Data System (DWUDS).118.1.1.5 Other information that the Department deems relevant or necessary.118.1.2 A soil map which shows the locations and types, and engineering properties of soils found within the proposed permit area and which includes a report on the field investigations conducted by a registered Engineer or Professional Soil Scientist depicting soils conditions on the site. This element should be prepared and submitted to the Department early in the process so that unsuitable sitesreas can be eliminated from further analysis. 118.2 Ground water information. The Project Development Report shall contain a description of the ground water hydrology of the proposed site and adjacent area.118.2.1 The following information shall be prepared by a Geologist, Hydrologist or a Professional Engineer qualified in hydrology and licensed to practice in the State of Delaware.118.2.1.1 A map of the site and surrounding area showing all potential contamination sources (such as large on-site systems, feedlots, bulk storage facilities, etc.). Surface water bodies within 1,000 feet of the site boundary of the proposed sludge application area shall also be located.118.2.1.2 Description of the geology of the area, including the lithology and thickness of the outcropping and subcropping or underlying formations. Any unique or important geomorphological features which could influence ground water flow directions should also be indicated.118.2.1.3 The following hydrogeological information should be provided to the Department: 118.2.1.3.1 The thickness, saturated thickness, and depth to water (DTW) of the water table aquifer. The depth to water measurement should indicate the level of the local seasonal high water table.118.2.1.3.2 The DTW of the seasonal high water table formed by a perched water table when these water table types exist.118.2.1.3.3 The thickness, lithology, and name of the geological formation which forms the first aquitard of aquiclude beneath the water table aquifer.118.2.1.3.4 The name of the first confined aquifer beneath the ground surface including the name(s) of the formation(s) composing this aquifer.118.2.1.3.5 A description of the ground water flow patterns under the proposed site. A hydraulic head contour map with ground water flow lines should be included in the description. When the direction of the ground water flow cannot be determined with any degree of confidence, observation wells (piezometers) in numbers sufficient enough to determine ground water flow direction will be required.118.2.1.3.6 Reference must be provided for all the geological and hydrogeological information which was researched. 118.3 Surface water information.118.3.1 Each Project Development Report shall contain a description of the surface waters in the proposed site and adjacent area, including the name of the watershed which will receive any water discharges, the location of all surface water bodies such as streams, lakes, ponds, and descriptions of major surface drainage systems within the proposed permit area and adjacent areas.118.3.2 Each Project Development report shall also include a plan to manage runoff and control erosion during the lifetime of the facility. These plans will use best management practices for nonpoint source pollution control such as developed by the USDA Natural Resources Conservation Service (NRCS). 118.4 Detailed Construction Specifications - Each Project Development Report shall include drawings of proposed site layout, plan and elevation view of structures, equipment layout, facility access, and construction site erosion and sediment controls, stamped by an engineer registered in the state of Delaware.118.5 Plan of Operation and Management- Each plan shall contain a narrative description of the following:118.5.1 Explaining the type of operation to be conducted at the proposed facility.118.5.2 Detailing the operation and processing steps of the proposed facility; the expected life of the operation; and the origin, dry weight and volume of sludge that are proposed to be utilized during the operation.118.5.3 The equipment to be used at the facility for handling, storage, processing and treatment (including mixing, air control, bagging and monitoring the sludge or sludge products), or site preparation and land disposal of sludge.118.5.4 The closure plan and future use of the site if the facility ceases operation.118.5.5 A control plan to prevent health hazards or nuisances.118.5.6 For disposal sites, a crop nitrogen balance, the proposed application rate per acre and management scheme, crops to be grown; phosphorus and other constituent loading rates; determination of land limiting constituent; acreage needed and required storage volume, if any; and the dates (or climatic conditions) when the applicant proposes to apply sludge.118.5.7 Material Safety Data Sheets 118.6 Endangered Species Assessment - No facility may be constructed or operated in a manner likely to adversely affect a threatened or endangered species listed under section 4 of the Endangered Species Act or its designated critical habitat. An endangered or threatened species and impact report is required.118.7 Additional requirements for land disposal sites118.7.1 Each Project Development Report shall contain a description of: 118.7.1.1 Soils within the proposed permit area, including a description of the depth, matrix, color, texture, structure, pH, consistency, degree of mottling and, if present mottled colors and coarse fragment content for each horizon of soil from the surface to a depth of at least five (5) feet or bedrock, whichever is shallower.118.7.1.2 Any subsurface conditions adversely affecting lateral or vertical drainage of the land.118.7.1.3 A delineation of soil areas at the site which are not suitable for land application of sludge.118.7.1.4 The applicant shall base the description on a sufficient number of pits, hand augerings, or excavations to allow an accurate characterization of the soils within the proposed permit area. As a minimum, however, the Department requires that at least one sample be taken for every 5 to 10 acres of each soil series to confirm NRCS.118.7.2 All classifications and interpretations of soil materials required by this section shall be based on criteria specified in the United States Department of Agriculture Handbooks 436 (Soil Taxonomy) and 18 (Soil Survey Manual).118.7.3 The Project Development Report shall include a minimum of three chemical analyses for each major soil series at the proposed facility. Soil chemistry testing must be in accordance with the Methods of Soil Analysis published by the American Society of Agronomy, or otherwise shall be consistent with Department guidance and the requirements of Section 1000. Results are to be expressed on a dry soil basis. The constituents to be tested are pH, cation exchange capacity, percent organic matter, plant nutrient status, total cadmium, total copper, total lead, total nickel, total zinc, total arsenic, total selenium and total molybdenum.118.7.4 For sites where sludge was previously applied within 5 years to the proposed permit area, the application shall also describe background concentrations for all constituents identified above for similar soils where sludge has not been applied.118.7.5 The information required by this section shall be prepared by qualified persons in soil science or land treatment. 118.8 Additional requirements for sludge storage facilities are identified in section 900.7 Del. Admin. Code § 7103-118.0