7 Del. Admin. Code § 7202-3.0

Current through Register Vol. 28, No. 4, October 1, 2024

Section 7202-3.0 - Permits

3.1 Permits Required.

3.1.1 Unless excepted under the provisions of Subsection 301(2), a person may not engage in the generation, collection, storage, preparation, land application, marketing and distribution, disposal or transportation of sludge, treated sludge, or any product containing these materials in the State without first obtaining a permit from the Department. No permit may be granted unless the county or municipality having jurisdiction has first approved the activity by zoning procedures provided by law. No person shall use sludge, treated sludge or any product containing these materials for the purpose of agricultural use, land reclamation, research, distribution or land disposal if the sludge was generated outside of the State of Delaware without obtaining a permit from the Department. No permit shall be issued for agricultural use, land reclamation, research, distribution or land disposal of sludge, treated sludge or any product containing sludge generated outside the State of Delaware that does not meet the standards for Exceptional Quality as outlined in these regulations. No sludge or sludge product generated in the State shall be transported, marketed, distributed, prepared or land applied in any other state or jurisdiction without notification of the permitting authority of that state or jurisdiction.

3.1.2 Exception. Permits issued under this regulation are not required for a wastewater treatment plant, if the pertinent activities involve the construction and operation of the plant in accordance with plans approved by the Department. This exception does not include removal of sludge from the plant.

3.2 Exclusions.

3.2.1 A permit from the Department is not required under these regulations for the following activities. The exclusion under these regulations do not exclude requirements from other Federal, State, County or local regulations as they may apply:

3.2.1.1 Cofiring of sewage sludge with other waste in an incinerator, unless the other waste is used as auxiliary fuel for the firing of the sludge.

3.2.1.2 Hazardous wastewater sludge determined to be hazardous by this regulation or any other Federal, State, County or local regulation as they may apply.

3.2.1.3 Sewage sludge with high PCB concentrations as determined by this regulation or any other Federal, State, County or local regulations as they may apply.

3.2.1.4 Incinerator ash for use or disposal from the firing of sewage sludge in a sewage sludge incinerator.

3.2.1.5 Grit and screenings generated or collected in a wastewater treatment process.

3.2.1.6 Aquatic plants or managed wetlands plants used and harvested as part of a wastewater treatment process and that are not complexed with the sludge at the time of harvest.

3.2.1.7 Drinking water treatment residuals from non-sewage sources.

3.2.1.8 Commercial septage, industrial septage, a mixture of domestic septage and commercial septage or a mixture of domestic septage and industrial septage.

3.2.1.9 Grease trap waste.

3.3 Application for a Permit

3.3.1 Initial applications for permits, permit renewals or permit modifications under the provisions of these regulations shall be submitted to the department on an application form specified by the Department.

3.3.2 An application consists of the initial application form specified by the Department combined with a Project Development Report (PDR) containing any supplementary information and analysis necessary to enable the Department to review the proposed project to determine if it is consistent with Delaware law and regulation.

3.3.3 An application shall demonstrate how the applicant plans to comply with the applicable requirements of these regulations, as well as any additional operating requirements set forth in these regulations that are specifically applicable to the particular type of operation that is proposed.

3.3.4 A separate permit application shall be submitted for each sludge utilization site. Adjacent properties owned by separate individuals shall be considered as separate sites. Noncontiguous but proximate parcels owned by one person may, at the discretion of the Department, be considered as a single utilization site.

3.3.5 Depending on the sludge utilization method chosen, additional specific submission requirements may apply. These requirements are given in Section 700 of the regulation.

3.4 Public Notice, Application for Sludge Utilization Permit.

3.4.1 Upon Department acceptance of the Project Development Report, the applicant must apply for a Department Sludge Utilization permit. Upon receipt of a completed application for this permit, the Department will advertise receipt of the application and conduct any hearings in accordance with 7 Del.C., Ch. 60. The cost of the advertisement is to be borne by the applicant.

3.4.2 The final permit will require submission by the applicant and approval by the Department of any revisions required by the Department for the Plan of Operation and Management or Plans and Specifications report for the facility prior to start-up and operation.

3.5 Standard Permit Conditions. The following conditions shall apply to and be included in all permits.

3.5.1 Compliance Required. The permittee shall comply with all conditions of the permit.

3.5.2 Renewal Responsibilities. If the permittee intends to continue operation of the permitted facility after the expiration of an existing permit, the permittee shall apply for a new permit in accordance with these regulations.

3.5.3 Operation of Facilities. The permittee shall at all times properly maintain and operate all structures, systems, and equipment for treatment, control and monitoring, which are installed or used by the permittee to achieve compliance with the permit or these regulations.

3.5.4 Provide Information. The permittee shall furnish to the Department within a reasonable time, any information including copies of records, which may be requested by the Director to determine whether cause exists for modifying, revoking, reissuing, or terminating the permit, or to determine compliance with the permit or these regulations.

3.5.5 Entry and Access. The permittee shall allow the Department, consistent with 7 Del.C., Chapter 60, to:

3.5.5.1 Enter the permitted facility.

3.5.5.2 Inspect any records that must be kept under these regulations or conditions of the permit.

3.5.5.3 Inspect any facility, equipment, practice, or operation permitted or required by the permit.

3.5.5.4 Sample or monitor for the purpose of assuring permit compliance, any substance or any parameter at the facility.

3.5.6 Reporting. The permittee shall report to the Department under the circumstances and in the manner specified in this section:

3.5.6.1 In writing thirty (30) days before any planned physical alteration or addition to the permitted facility or activity if that alteration or addition would result in any significant change in information that was submitted during the permit application process.

3.5.6.2 In writing thirty (30) days before any anticipated change which would result in noncompliance with any permit condition or these regulations.

3.5.6.3 Orally within twenty-four (24) hours from the time the permittee became aware of any noncompliance which may endanger the public health or the environment at telephone numbers provided in the permit by the Department.

3.5.6.4 In writing as soon as possible but within five (5) days of the date the permittee knows or should know of any noncompliance unless extended by the Department. This report shall contain:

3.5.6.4.1 A description of the noncompliance and its cause;

3.5.6.4.2 The period of noncompliance including to the extent possible, times and dates and, if the noncompliance has not been corrected, the anticipated time it is expected to continue; and

3.5.6.4.3 Steps taken or planned to reduce or eliminate reoccurrence of the noncompliance.

3.5.6.5 In writing as soon as possible after the permittee becomes aware of relevant facts not submitted or incorrect information submitted, in a permit application or any report to the Director. Those facts or the correct information shall be included as a part of this report.

3.5.7 Minimize Impacts. The permittee shall take all necessary actions to eliminate and correct any adverse impact on the public health or the environment resulting from permit noncompliance.

3.5.8 Reopener. In the event that the regulations governing the land treatment of sludges and sludge products are revised by the Department, this permit may be reopened and modified accordingly after notice and opportunity for a public hearing.

3.6 Specific Permit Conditions.

3.6.1 Basis for Specific Permit Conditions. Conditions necessary for the protection of the environment and the public health may differ from facility to facility because of varying environmental conditions and waste compositions. The Department may establish additional permit conditions. Specific conditions shall be established in consideration of characteristics specific to a facility and inherent hazards of those characteristics. Such characteristics include, but are not limited to:

3.6.1.1 Chemical, biological, physical, and volumetric characteristics of the sludge;

3.6.1.2 Geological and climatic nature of the facility site;

3.6.1.3 Size of the site and its proximity to population centers and to ground and surface water;

3.6.1.4 Legal considerations relative to land use and water rights;

3.6.1.5 Techniques used in sludge distribution and the disposition of that vegetation exposed to sludge;

3.6.1.6 Abilities of the soils and vegetative covers to treat the sludge without undue hazard to the environment or to the public health; and

3.6.1.7 The need for monitoring and record keeping to determine if the facility is being operated in conformance with its design and if its design is adequate to protect the environment and the public health.

3.6.2 Duration of Permit. The permit shall be effective for a fixed term of not more than five (5) years.

3.6.3 Limitations to Operation. Conditions of the permit may specify or limit:

3.6.3.1 Sludge composition;

3.6.3.2 Method, manner, and frequency of sludge treatment;

3.6.3.3 Sludge pretreatment requirements;

3.6.3.4 Physical, chemical, and biological characteristics of a land application facility; and

3.6.3.5 Any other condition the Department finds necessary to protect public health or environment.

3.6.4 Compliance Schedules. The Department may establish a compliance schedule for existing facilities as part of the permit conditions including:

3.6.4.1 Specific steps or actions to be taken by the permittee to achieve compliance with applicable requirements or final permit conditions;

3.6.4.2 Dates by which those steps or actions are to be taken; and

3.6.4.3 In any case where the period of time for compliance exceeds one (1) year the schedule may also establish interim requirements and the dates for their achievement.

3.6.5 Monitoring Requirements. Any facility may be subject to monitoring requirements including, but not limited to:

3.6.5.1 The installation, use, and maintenance of monitoring equipment;

3.6.5.2 Monitoring or sampling methodology, frequency, and locations;

3.6.5.3 Monitored substances or parameters;

3.6.5.4 Testing and analytical procedures; and

3.6.5.5 Reporting requirements including both frequency and form.

3.7 Permit Modification.

3.7.1 Minor Modifications. Minor modifications are those which if granted would not result in any increased hazard to the environment or to the public health. Such modifications shall be made by the Director. Minor modifications are normally limited to:

3.7.1.1 The correction of typographical errors.

3.7.1.2 Transfer of ownership or operational control.

3.7.1.3 A change in monitoring or reporting frequency.

3.7.2 Major Modifications. All modifications not considered minor shall be considered major modifications. The procedure for making major modifications shall be the same as that used for a new permit under these regulations.

3.8 Permit Transferable.

3.8.1 Permits shall be transferable to a new owner or operator provided that the permittee notifies the Department by requesting a minor modification of the permit before the date of transfer and provided that the transferee shows evidence of a legal right to use the site and is otherwise in compliance with all applicable provisions of these regulations.

3.9 Appeal of Final Permits.

3.9.1 Appeals of final permit shall be governed by 7 Del.C., 6008 and 6009.

3.10 Permit Revocation.

3.10.1 Conditions for Revocation. The Department may revoke a permit if the permittee violates any permit condition or these regulations or fails to pay applicable Department fees.

3.10.2 Notice of Revocation. Except in cases of emergency, the Department shall issue a written notice of intent to revoke to the permittee prior to final revocation. Revocation shall become final within twenty (20) days of receipt of the notice by the permittee, unless within that time the permittee requests an administrative hearing in writing.

3.10.3 Notice of Hearing. The Department shall notify the permittee in writing of any revocation hearing at least twenty (20) days prior to the date set for such hearing. The hearing shall be conducted in accordance with 7 Del.C., Chapter 60.

3.10.4 Emergency Action. If the Department finds the public health, safety or welfare requires emergency action, the Department shall incorporate findings in support of such action in a written notice of emergency revocation issued to the permittee. Emergency revocation shall be effective upon receipt by the permittee. Thereafter, if requested by the permittee in writing, the Department shall provide the permittee a revocation hearing and prior notice thereof. Such hearings shall be conducted in accordance with 7 Del.C., Chapter 60.

7 Del. Admin. Code § 7202-3.0