Statutes, codes, and regulations
Delaware Administrative Code
Title 7 - Natural Resources and Environmental ControlDivision of WaterSurface Water Discharges Section
Regulations Governing Use and Disposal of Wastewater Sludge
Section 7202-4.0 - Procedures for State Review and Approval

7 Del. Admin. Code § 7202-4.0

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Current through Register Vol. 28, No. 4, October 1, 2024
Section 7202-4.0 - Procedures for State Review and Approval
4.1 Proposal for a Sludge Utilization Permit.
4.1.1 Any person who intends to utilize sludge or sludge products must submit a letter of intent to the Department. The letter shall indicate the projected location, size, and anticipated utilization method. The steps in subsection 403 provide the prospective permit applicant with an overview of the entire Department process. Whenever the preparation of reports or other documents required by these regulations involves the practice of engineering, geology or other recognized profession under Delaware law, sufficient evidence of appropriate certification or registration in accordance with Title 24 of the Delaware Code must be submitted by the preparer. The guidance document included with these regulations should be used to tailor the design criteria for the specific waste, process, use, or site under consideration.

TABLE 4.1.1-1 RANGE OF ORGANIC PRIORITY POLLUTANTS TYPICAL OF MUNICIPAL SLUDGE IN THE U.S.
VOLATILE COMPOUNDS (PURGEABLE) Parts Per Million Concentration (Dry Weight Basis)
Benzene 0.29 - 7.3
Carbon tetrachloride 0.9 - 22
Chlorobenzene 0.23 - 5.8
Chloroform 0.17 - 4.2
1,2-Dichloroethane 5 - 125
Methylene Chloride 1.7 - 43
Tetrachloroethylene 0.69 - 17
Toluene 340 - 8,600
Trichloroethylene 1.8 - 46
Vinyl chloride 7.1 - 180
ACID COMPOUNDS (ACID EXTRACTABLE)
Pentachlorophenol 2.1 - 52
Phenol 39 - 96
2,4,6-Trichlorophenol 0.46 - 12
BASE/NEUTRAL COMPOUNDS (BASE/NEUTRAL EXTRACTABLE)
Benzo(a)anthracene 1.8 - 46
Benzo(a)pyrene 51 - 1300
bis(2-Ethylhexyl)phthalate 32 - 790
Chrysene 1.7 - 42
3,3-Dichlorobenzidine 0.33 - 8.2
Hexachlorobenzene 0.25 - 6.2
Hexachlorobutadiene 0.9 - 22
n-Nitrosodimethylamine 0.008 - 0.2
Phenanthrene 1.2 - 30
Pyrene 1.4 - 34
PESTICIDES AND PCB'S
Aldrin 0.03 - 0.75
Gamma-BHC (Lindane) 0.004 - 0.01
2,4-D - 23
4,4-DDT 0.056 - 1.4
4,4-DDE 0.0012 - 0.3
4,4-DDD 0.042 - 1
Dieldrin 0.004 - 0.1
Endrin ND
Heptachlor 0.004 - 0.1
Malathion 0.13 - 3.2
PCB's 6 - 50*
Toxaphene 1.6 - 39

Range encompasses 50% of data for organic compounds found in several U.S. analytical studies (adopted from Fricke, C., C. Clarkson, E. Lomnitz, and T. O'Farrell, 1985. Comparing priority pollutants in municipal sludges, Biocycle, Jan/Feb: 35-37).

Note: *Sludges containing more than 10 ppm of PCB's must be incorporated into the soil upon application, and sludges containing more than 50 ppm of PCBs are subject to TOSCA requirements.

TABLE 4.1.1-2 CEILING CONCENTRATIONS
Pollutant Ceiling concentration (milligrams per kilogram)1
Arsenic 75
Cadmium 85
Chromium 3000
Copper 4300
Lead 840
Mercury 57
Molybdenum 75
Nickel 420
Selenium 100
Zinc 7500

1Dry weight basis

TABLE 4.1.1-3 POLLUTANT CONCENTRATIONS
Pollutant average concentration (milligrams per kilogram)
Arsenic 41
Cadmium 39
Chromium 1200
Copper 1500
Lead 300
Mercury 17
Molybdenum 18
Nickel 420
Selenium 36
Zinc 2800

1 Dry weight basis

TABLE 4.1.1-4 CUMULATIVE POLLUTANT LOADING RATES
Pollutant Cumulative pollutant loading rate (kilograms per hectare)
Arsenic 41
Cadmium 39
Chromium 3000
Copper 1500
Lead 300
Mercury 17
Molybdenum 18
Nickel 420
Selenium 100
Zinc 2800

TABLE 4.1.1-5 ANNUAL POLLUTANT LOADING RATE
Pollutant Annual pollutant loading rate (kilograms per hectare per 365 day period)
Arsenic 2.0
Cadmium 1.9
Chromium 150
Copper 75
Lead 15
Mercury 0.85
Molybdenum 0.95
Nickel 21
Selenium 5.0
Zinc 140

4.2 Project Development Report: General Requirements.
4.2.1 A Project Development Report must be prepared. After this report is submitted for Department review, and accepted, it becomes the basis for the permit application. In any event, the applicant must demonstrate that the proposed facility, site or use will meet the regulatory objectives set forth in in these regulations and will not cause violations of State or Federal drinking water standards on an average annual basis or State water quality standards for streams.
4.2.2 Upon receipt of a Project Development Report, the Department will schedule a public information meeting to inform interested citizens of the proposed utilization project. The Department may consider local zoning or other locally required meetings as sufficient for satisfying this requirement. After the Department has fixed the date, place and time for a public information meeting, the Department shall notify by certified mail owners and occupants of land contiguous to the site of the proposed facility or site and of the scheduled meeting. A copy of the Project Development Report will be available for review and discussion at the public meeting. The applicant for the permit shall also be present at the public meeting to present information on the proposed project.
4.2.3 The Department will accept and consider all comments, concerns and suggestions received during the public meeting. If the concerns raised at the public meeting cannot be reasonably addressed, a permit will not be issued for the proposed project.
4.3 Project Development Reports for all proposed facilities, land application sites and sludge uses must provide a chemical analysis of the sludge to be produced or utilized which includes the following:
4.3.1 Results of three chemical analyses of the sludge from each treatment facility or other source of sludge. The Department will waive this requirement for domestic septage that is land applied in accordance with the State's Septage Management Plan. Chemical analyses include:
4.3.1.1 Moisture content.
4.3.1.2 Percent total nitrogen (moist and dried).
4.3.1.3 Percent organic nitrogen (moist and dried).
4.3.1.4 Ammonia and nitrate concentration (moist and dried).
4.3.1.5 pH.
4.3.1.6 Percent volatile solids.
4.3.1.7 PCB's.
4.3.1.8 The following, as reported on a dry weight basis: cyanide, sodium, calcium, magnesium, phosphorous, potassium, cadmium, zinc, copper, nickel, lead, chromium, mercury, arsenic, molybdenum and selenium.
4.3.1.9 Such other components or constituents which may be required by the Department, including but not limited to TOC, COD, FOG, and boron.
4.3.2 Sludges are to be analyzed as a composite sample for the priority pollutants. If the organics are higher than the typical municipal sludge range in the U.S. (see Table 402-1) then the Department shall require the applicant to submit a detailed sludge analysis for those elevated organic constituents to assess their fate in a soil matrix.
4.3.3 Sludges are to be analyzed as a composite sample using the Toxicity Characteristic Leaching Procedure (TCLP). Any sludge that fails the TCLP test shall be deemed to be hazardous and will then be subject to regulations under Subtitle C of the Resource Conservation and Recovery Act (RCRA).
4.3.4 For septage, a specific plan for obtaining representative samples may be required.
4.3.5 No sludge or sludge product which exceeds the Ceiling Concentrations in Table 402.2 will be permitted for land application in the State. Sludge or sludge products which exceed the Pollutant Concentrations in Table 402.3 will not be permitted for marketing and distribution in the State. Application rates for any sludge may not exceed the values in Tables 402.4 and Table 402.5.
4.3.6 The analyses shall be conducted on composite samples of the waste to be applied, and shall be reported in a tabular form that lists the range of the three samples. Each of the composite samples shall be taken at intervals of more than 30 days unless otherwise approved by the Department in writing. Sampling and analytical procedures shall be approved by the Department and be consistent with Section 1000 of these Regulations.
4.4 Project Development Reports: Specific Requirements for Facilities.
4.4.1 A 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:
4.4.1.1 Maps and related information.
4.4.1.1.1 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:
4.4.1.1.1.1 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.
4.4.1.1.1.2 Latitude and longitude of site
4.4.1.1.1.3 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.
4.4.1.1.1.4 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 701(4). Information may be obtained (for a fee) through the Department from the Delaware Water User Data System (DWUDS).
4.4.1.1.1.5 Other information that the Department deems relevant or necessary.
4.4.1.1.2 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.
4.4.1.2 Ground water information. The Project Development Report shall contain a description of the ground water hydrology of the proposed site and adjacent area.
4.4.1.2.1 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.
4.4.1.2.1.1 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.
4.4.1.2.1.2 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.
4.4.1.2.1.3 The following hydrogeological information should be provided to the Department:
4.4.1.2.1.3.1 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.
4.4.1.2.1.3.2 The DTW of the seasonal high water table formed by a perched water table when these water table types exist.
4.4.1.2.1.3.3 The thickness, lithology, and name of the geological formation which forms the first aquitard of aquiclude beneath the water table aquifer.
4.4.1.2.1.3.4 The name of the first confined aquifer beneath the ground surface including the name(s) of the formation(s) composing this aquifer.
4.4.1.2.1.4 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 will be required.
4.4.1.2.1.5 Reference must be provided for all the geological and hydrogeological information which was researched.
4.4.1.3 Surface water information.
4.4.1.3.1 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.
4.4.1.3.2 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).
4.4.1.4 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.
4.4.1.5 Plan of Operation and Management- Each plan shall contain a narrative description of the following:
4.4.1.5.1 Explaining the type of operation to be conducted at the proposed facility.
4.4.1.5.2 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.
4.4.1.5.3 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.
4.4.1.5.4 The closure plan and future use of the site if the facility ceases operation.
4.4.1.5.5 A control plan to prevent health hazards or nuisances.
4.4.1.5.6 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.
4.4.1.5.7 Material Safety Data Sheets
4.4.1.6 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.
4.4.1.7 Additional requirements for land disposal sites
4.4.1.7.1 Each Project Development Report shall contain a description of:
4.4.1.7.1.1 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.
4.4.1.7.1.2 Any subsurface conditions adversely affecting lateral or vertical drainage of the land.
4.4.1.7.1.3 A delineation of soil areas at the site which are not suitable for land application of sludge.
4.4.1.7.1.4 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.
4.4.1.7.2 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).
4.4.1.7.3 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.
4.4.1.7.4 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.
4.4.1.7.5 The information required by this section shall be prepared by qualified persons in soil science or land treatment.
4.4.1.8 Additional requirements for sludge storage facilities are identified in section 900.
4.5 Project Development Reports: Specific Requirements for Land Application Sites.
4.5.1 Sludge or sludge products which meet the minimum quality criteria of Subsection 402 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:
4.5.1.1 Maps and related information.
4.5.1.1.1 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:
4.5.1.1.1.1 Latitude and longitude of the site.
4.5.1.1.1.2 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.
4.5.1.1.1.3 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.
4.5.1.1.1.4 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.
4.5.1.1.1.5 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 701(4). Information may be obtained (for a fee) through the Department from the Delaware Water User Data System (DWUDS).
4.5.1.1.1.6 The location and type of existing or proposed erosion control practices following NRCS guidelines.
4.5.1.1.1.7 Other information that the Department deems relevant or necessary.
4.5.1.1.2 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.
4.5.1.2 Soils description.
4.5.1.2.1 Each Project Development Report shall contain a description of:
4.5.1.2.1.1 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.
4.5.1.2.1.2 Any subsurface conditions adversely affecting lateral or vertical drainage of the land.
4.5.1.2.1.3 A delineation of soil areas at the site which are not suitable for land application of sludge.
4.5.1.2.2 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.
4.5.1.2.3 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).
4.5.1.2.4 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.
4.5.1.2.5 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.
4.5.1.2.6 The information required by this section shall be prepared by qualified persons in soil science or land treatment.
4.5.1.3 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.
4.5.1.3.1 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.
4.5.1.3.2 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.
4.5.1.3.3 The following hydrogeological information should be provided to the Department:
4.5.1.3.3.1 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.
4.5.1.3.3.2 The DTW of the seasonal high water table formed by a perched water table when these water table types exist.
4.5.1.3.3.3 The thickness, lithology, and name of the geological formation which forms the first aquitard of aquiclude beneath the water table aquifer.
4.5.1.3.3.4 The name of the first confined aquifer beneath the ground surface including the name(s) of the formation(s) composing this aquifer.
4.5.1.3.4 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.
4.5.1.3.5 Reference must be provided for all the geological and hydrogeological information which was researched.
4.5.1.4 Surface water information.
4.5.1.4.1 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.
4.5.1.4.2 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.
4.5.1.5 Plan of Operation and Management - each Project Development Plan shall contain a narrative description of the following:
4.5.1.5.1 The origin, annual production (dry weight and volume) and pathogen reduction method for the proposed sludge source.
4.5.1.5.2 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.
4.5.1.5.3 The equipment to be used for site preparation, sludge handling, and land application.
4.5.1.5.4 A projected three year crop rotation plan, including type of farming operation, type of crop, planting sequence, crop management, and use of the crops.
4.5.1.5.5 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.
4.5.1.5.6 The expected dates and climatic conditions when sludge will be land applied.
4.5.1.5.7 A control plan to prevent health hazards or nuisances and odors.
4.5.1.5.8 A sludge sampling plan documenting how the applicant will comply with the monitoring and record keeping and reporting requirements of Section 700.
4.5.1.5.9 A map showing the location of any ground water monitoring devices if they exist or are proposed for the facility.
4.5.1.5.10 Evidence of landowner and operator consent for the proposed operation.
4.5.1.6 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.
4.5.1.7 Additional requirements for land reclamation sites:
4.5.1.7.1 A complete revegetation plan for the site, including methods of site preparation, seeding mixtures, and seeding rates.
4.5.1.7.2 Calculations or modeling demonstrating that the Cumulative Pollutant Loading Rates established by these regulations (see Table 4.1.1-4) shall not be exceeded.
4.5.1.8 Additional requirements for Research Projects:
4.5.1.8.1 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.
4.5.1.8.2 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.
4.6 Project Development Reports: Specific Requirements for Marketing and Distribution of Exceptional Quality Sludge or Sludge Products
4.6.1 Sewage sludge or sludge products that contain sewage sludge which has been stabilized as per Subsection 603 by a Process to Further Reduce Pathogens, meets one of the Vector Attraction Reduction Requirements specified in Subsection 604(2)(a-h) and contains lower metal concentrations than the allowable Pollutant Concentration specified Table 402.3 may be marketed and distributed in the State. Specific information required for the Project Development Report includes:
4.6.1.1 Identification of the site(s) where the Exceptional Quality sludge or sludge product is generated. A description of the source and quantity of sludge or sludge products generated.
4.6.1.2 A detailed description of the treatment process and facility equipment, which clearly explains how the end-product is treated to meet the Exceptional Quality criteria.
4.6.1.3 A description of the quality control and monitoring program(s) utilized at the facility.
4.6.1.4 A description of the record keeping and reporting system used at the facility producing the exceptional quality material.
4.6.1.5 A copy of the proposed label which includes the following information:
4.6.1.5.1 It shall identify the product as containing sludge and provide the name and address of the preparer.
4.6.1.5.2 Provide information on essential plant nutrient content and instructions for proper use on different plant types, soils and slopes, maximum loading rates (such as number of square feet per bag, ratio of sludge to soil in sludge-soil mixture, etc.).
4.6.1.5.3 For sludge or sludge products for general distribution to the public which contain more than 4 percent iron on a dry weight basis, it shall warn against using the sludge or sludge product on pasture land.
4.6.1.5.4 Describe proper procedures for storage and stockpiling of the material.
4.6.1.5.5 A statement indicating that the product should not be applied to any site that is flooded, frozen or snow covered, and identify any unacceptable uses of the material.
4.6.1.5.6 Shall include a statement that land application of sewage sludge is prohibited except in accordance with the instructions on the label or information sheet.
4.6.1.6 Information confirming that all requirements of the Delaware Department of Agriculture Regulations (Chapter 21, Title 3, Delaware Code) governing the sale of commercial fertilizers and soil conditioners have been met.
4.7 Site Inspection and Concurrence.
4.7.1 The Project Development Report is submitted for Department review along with a request for general site concurrence. Upon receipt of the report, a Department representative will inspect the selected site(s) and a written site concurrence or denial letter will be sent to the applicant. Upon receipt of a site concurrence the applicant may submit a permit application. Site concurrences for land treatment of sludges are valid for one year.
4.8 Facility Plans and Specifications.
4.8.1 After Department acceptance of the permit application and completed Project Development Report (prepared under Subsection 403), the applicant must submit final detailed plans and specifications. The plans and specifications will be reviewed for consistency with the Project Development Report and accepted engineering standards.
4.9 Approval to Commence Operations.
4.9.1 Upon final Departmental review and approval of any required revisions to the Project Development Plan, a permit and a letter of authorization to commence operation will be issued on a timely basis. The Department shall give notice of such approval to any person who has submitted a written request for such notice.

7 Del. Admin. Code § 7202-4.0