7 Del. Admin. Code § 7103-119.0
Current through Register Vol. 28, No. 3, September 1, 2024
Section 7103-119.0 - Project Development Reports: Specific Requirements for Land Application SitesSludge or sludge products which meet the minimum quality criteria of Subsection 117.0 and Section 600, but do not meet Exceptional Quality criteria for marketing and distribution, may only be applied to sites permitted for land application. Land application to permitted sites may be for agricultural, silvicultural, reclamation or research purposes. The following information is required in the Project Development Report for each land application site:
119.1 Maps and related information.119.1.1 Each Project Development Report shall contain 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:119.1.1.1 Latitude and longitude of the site.119.1.1.2 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.119.1.1.3 The boundaries of the land where sludge will be utilized over the estimated total life of the proposed operation, including the boundaries of the land that will be affected in each sequence of sludge utilization activity.119.1.1.4 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.119.1.1.5 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).119.1.1.6 The location and type of existing or proposed erosion control practices following NRCS guidelines.119.1.1.7 Other information that the Department deems relevant or necessary.119.1.2 Each Project Development Report shall contain a NRCS soil map which shows the locations and types of soils, depth to ground water, and depth to impermeable strata within the proposed permit area.The Department may require additional detailed mapping and soils investigations conducted by a Professional Soil Scientist registered with the American Registry of Certified Professionals in Agronomy, Crops and Soils (ARCPACS). This element should be prepared and submitted to the Department early in the process so that unsuitable sitesreas can be eliminated from further analysis.119.2 Soils description.119.2.1 Each Project Development Report shall contain a description of:119.2.1.1 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.119.2.1.2 Any subsurface conditions adversely affecting lateral or vertical drainage of the land.119.2.1.3 A delineation of soil areas at the site which are not suitable for land application of sludge.119.2.1.4 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.119.2.2 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).119.2.3 The Project Development Report shall include a chemical analyses for each major soil series per field at the proposed site. 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. 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.119.2.4 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.119.2.5 The information required by this section shall be prepared by qualified persons in soil science or land treatment.119.3 Ground water information. The Project Development Report shall contain a description of the ground water hydrology of the proposed site and adjacent area. The following information shall be prepared by a Geologist or a Professional Engineer qualified in hydrology and licensed to practice in the State of Delaware.119.3.1 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.119.3.2 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.119.3.3 The following hydrogeological information should be provided to the Department: 119.3.3.1 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.119.3.3.2 The DTW of the seasonal high water table formed by a perched water table when these water table types exist.119.3.3.3 The thickness, lithology, and name of the geological formation which forms the first aquitard of aquiclude beneath the water table aquifer.119.3.3.4 The name of the first confined aquifer beneath the ground surface including the name(s) of the formation(s) composing this aquifer.119.3.4 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 may be required.119.3.5 Reference must be provided for all the geological and hydrogeological information which was researched.119.4 Surface water information.119.4.1 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.119.4.2 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 NRCS.119.5 Plan of Operation and Management - each Project Development Plan shall contain a narrative description of the following: 119.5.1 The origin, annual production (dry weight and volume) and pathogen reduction method for the proposed sludge source.119.5.2 The type of operation (e.g. agricultural, silvicultural, reclamation or research) to be conducted at the proposed site, and the expected life of the operation.119.5.3 The equipment to be used for site preparation, sludge handling, and land application.119.5.4 A projected three year crop rotation plan, including type of farming operation, type of crop, planting sequence, crop management, and use of the crops.119.5.5 Crop fertility worksheets for each field including: a nitrogen balance and the proposed sludge or septage application rate per acre (calculated according to the requirements of Subsection 702.1); phosphorus loading rate; lime loading rate; and a determination of the most limiting constituent, for land application for each sludge source.119.5.6 The expected dates and climatic conditions when sludge will be land applied.119.5.7 A control plan to prevent health hazards or nuisances and odors.119.5.8 A sludge sampling plan documenting how the applicant will comply with the monitoring and record keeping and reporting requirements of Section 700.119.5.9 A map showing the location of any ground water monitoring devices if they exist or are proposed for the facility.119.5.10 Evidence of landowner and operator consent for the proposed operation.119.6 Endangered Species Assessment - no sludge or products derived from sludge shall be applied to land in a manner likely to adversely affect a threatened or endangered species or its designated habitat. An endangered or threatened species impact report may be required.119.7 Additional requirements for land reclamation sites:119.7.1 A complete revegetation plan for the site, including methods of site preparation, seeding mixtures, and seeding rates.119.7.2 Calculations or modeling demonstrating that the Cumulative Pollutant Loading Rates established by these regulations (see Table 402.4) shall not be exceeded.119.8 Additional requirements for Research Projects:119.8.1 Applications for permits shall include five copies of a complete description of the project. After a preliminary review, the Department may request such additional information as is necessary to evaluate and document the project.119.8.2 As a condition of any permit under this section the titleholder must execute and record in the appropriate County Office of Recorder of Deeds an affidavit in a form approved by the Department which notifies prospective purchasers that the property has been used to conduct sludge utilization research.7 Del. Admin. Code § 7103-119.0