7 Del. Admin. Code § 7103-139.0
Current through Register Vol. 28, No. 3, September 1, 2024
Section 7103-139.0 - Land Reclamation139.1 Slopes to be utilized for sludge application may not exceed 20 percent, exception that the Department may approve slopes up to 35 percent in the permit if the applicant demonstrates to the Department's satisfaction that such slopes will not cause substantial erosion or off-site run-off.139.2 The applier shall incorporate sludge into the soil within 24 hours unless otherwise specified in Section 131.0, following surface application.139.3 Weather. 139.3.1 The operator shall not apply sludge: 139.3.1.1 When the ground is saturated, snow covered, frozen, or during periods of rain or runoff.139.3.1.2 Between October 15 and April 15, unless a cover crop can be established.139.3.2 The Department may approve the storage of sludge between October 15 and May 30 in the permit if the operator makes a satisfactory demonstration that the requirements for storage in Section 900 are to be met. Storage may not exceed in amount the sludge necessary to reclaim the permitted area that was prepared for sludge application prior to October 15.139.4 Revegetation. 139.4.1 Vegetation shall be established on all land where sludge has been incorporated. The standard for successful revegetation shall be the percent ground cover of the vegetation which exists on undisturbed lands that are nearby or adjacent to the area where land reclamation is proposed. In no case shall the Department approve less than 70 percent ground cover of permanent plant species. No more than 1 percent of the area shall have less than 30 percent ground cover. No single or contiguous area exceeding 3,000 square feet shall have less than 30 percent ground cover.139.4.2 Revegetation shall provide for an effective and permanent vegetative cover capable of self-regeneration and plant succession. Introduced species may be used in the revegetation process when approved by the Department in the revegetation plan. Vegetative cover shall be considered of the same seasonal variety when it consists of a mixture of species that is of equal or superior utility during each season of the year.139.4.3 Revegetation shall provide a quick germinating, fast growing vegetative cover capable of stabilizing the soil surface from erosion.139.4.4 Disturbed areas shall be seeded and planted when weather and planting conditions permit but such seeding and planting of disturbed areas shall be performed no later than the first normal period for favorable planting after final grading.139.4.5 Mulch shall be applied to all regraded areas at rates adequate to control erosion, promote germination of seeds and increase the moisture retention of the soil.139.4.6 The Department may require a chemical analysis of the vegetation.139.4.7 Vegetation shall not be harvested for 2 years for food chain use following the application of sludge, unless otherwise approved by the Department.139.6 Water Quality Monitoring. Since the use of sludge for land reclamation is often a one-time or short term application the Department may accordingly waive or reduce groundwater monitoring requirements.139.7 Soils analysis. If the land to which sludge is applied will be used for agriculture, the operator shall conduct a soil analysis 2 years after the application of sludge to the land. The soil analysis shall be consistent with Department guidance.139.8 The Department may impose other restrictions if considered necessary to protect public health and the environment.139.9 All monitoring performed on the sludge utilized at the reclamation site shall be reported to the Department on approved reporting forms as specified in the permit.7 Del. Admin. Code § 7103-139.0