7 Del. Admin. Code § 7202-7.0

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

Section 7202-7.0 - Utilization Methods

7.1 General Operating Requirements.

7.1.1 Each person that conducts sludge utilization shall comply with all of the following:

7.1.1.1 The requirements of the Delaware Environmental Protection Act, 7Del.C., Ch. 60, these regulations and the additional operating requirements for the specific type of operation that are set forth in these regulations.

7.1.1.2 The plans and specifications in the permit, the terms and conditions of the permit, and any orders issued by the Department.

7.1.1.3 The Departmental regulations for agricultural utilization, unless the person is operating pursuant to a permit that allows use of the loading rate guidelines for land reclamation, utilization or disposal at landfills, research projects, land disposal, or sludge distribution program, in which case the person shall comply with the applicable guidelines for such operation.

7.1.1.4 Prior to utilization all sewage sludge shall be stabilized according to a method specified in Section 600.

7.1.1.5 Before sewage sludge subject to the cumulative pollutant loading rates in Table 402.4 is applied, the Applier shall contact the Department to determine whether sewage sludge subject to the cumulative pollutant loading rates in Table 402.4 has been applied to the site since July 20, 1993.

7.1.1.6 If such sewage sludge has not been applied to the site since July 20, 1993, the cumulative amount for each pollutant listed in Table 402.4 may be applied to the site in accordance with these Regulations.

7.1.1.7 If such sewage sludge has been applied to the site since July 20, 1993, and the cumulative amount of each pollutant applied to the site in the sewage sludge since that date is known, the cumulative amount of each pollutant applied to the site shall be used to determine the additional amount of each pollutant that can be applied in accordance with Table 402.4.

7.1.2 Monitoring requirements for all sludge utilization methods.

7.1.2.1 The monitoring frequency for the parameters identified in Section 402 (tables 402.2-402.3, 402.4, 402.5), 602(1), 603(1) and 604(2) shall be based on the amount of sewage sludge generated, prepared, or applied (in metric tons on a dry weight basis) per 365-day period as follows:

. Greater than 0 but less than 290 - once per year

. Equal to or greater than 290 but less than 1,500 - once per quarter (four times a year)

. Equal to or greater than 1,500 but less than 15,000 - once per 60 days (six times per year)

. Equal to or greater than 15,000 - once per month (12 times per year)

7.1.3 The Department may specify additional monitoring in any permit issued for the utilization of sludge.

7.1.4 The Department may reduce the frequency of monitoring for the pollution concentrations in Section 400 and for the pathogen density requirements in Section 600 after two years of monitoring to a minimum of yearly monitoring unless otherwise specified in a sludge utilization permit.

7.1.5 Sampling and analysis shall be conducted in accordance with the requirements of Section 1000.

7.1.6 The sludge generator shall submit to the Department, land applier and landowner annual copies of a chemical analysis of the sludge unless the Department approves a different schedule in the permit.

7.1.7 The sludge generator shall perform and submit to the Department and landowner additional analyses as used in the permit application and design if there has been a significant change (greater than 25%) in the quality of sludge.

7.1.8 The Department may modify the approved sludge application rate based upon review of continuing or additional analyses.

7.2 Agricultural Utilization of Sludge and Septage. This section applies to the land application of sewage sludges, sludge products, and septage which meet the minimum quality criteria specified in Subsection 402 and pathogen reduction requirements of Section 600, but do not meet the Exceptional Quality standards for general distribution and marketing.

7.2.1 Agronomic Rate:

7.2.1.1 Sewage sludge application rates must be calculated based on the following:

7.2.1.1.1 The nitrogen required by the crop to be grown according to University of Delaware Cooperative Extension Service crop fertility recommendations. Crop demand must be based on realistic yield goals determined either through the average of the three highest yields from the previous five years for each field for each specific crop, or Extension recommendations.

7.2.1.1.2 The total crop nitrogen requirement less any nitrogen that will be available from mineralization of previous manure or sludge applications, legumes, or expected manure applications.

Table 72.1-1. Estimated Percentages and Amounts of Organic N Mineralized After Sludge of Various Types are Applied to Soils

*TimeAftersludgeApplic.(years)*	*Unstabilized Primaryand Waste Activated***		*Aerobically Digested*		*Anaerobically Digested*		*Composted*
*TimeAftersludgeApplic.(years)*	F% N_o^*	K_m kg/mt/%N_o	F % N_o	K_m kg/mt/%N_o	F % N_o	K_m kg/mt/%N_o	F % N_o	K_m kg/mt/%N_o
*0-11-22-33-44-55-66-77-88-99-1010-yrsteadystate*	402010533333393	4.00 1.20 0.48 0.22 0.12 0.12 0.12 0.11 0.11 0.11	30 15 8 4 3 3 3 3 3 3 75	3.00 1.05 0.45 0.21 0.16 0.15 0.15 0.15 0.15 0.15	20 10 5 3 3 3 3 3 3 3 56	2.00 0.80 0.36 0.21 0.20 0.19 0.19 0.18 0.18 0.17	10 5 3 3 3 3 3 3 3 3 39	1.00 0.45 0.25 0.25 0.24 0.23 0.23 0.22 0.21 0.21

^*Percentage of organic N (N_o) present mineralized during time interval shown.

kg N released per metric ton of sludge applied per % organic N in the sludge. For example, application of an anaerobically digested sludge containing 3% organic N at 10 mt/ha would result in the following amounts of N mineralization: year 0, 3% N_o x 10 mt/ha x 2.0 = 60 kg N/ha; year 1 3% N_o x 10 mt/ha x 0.80 = 24 kg N/ha; year 2, 3% N_o x 10 mt/ha x 0.36 = 10.8 kg N/ha.

Multiply kg/mt by 2 to obtain lbs./ton.

7.2.2 For domestic septage - the annual application rate for domestic septage applied to agricultural land, forest, or a reclamation site shall not exceed the annual application rate calculated using equation (b)(1).

(1) Equation: AAR = ----------

0.0026

Where:

AAR = Annual application rate in gallons per acre per 365 day period.

N = Amount of nitrogen in pounds per acre per 365 day period needed by the crop or vegetation grown on the land.

(i) The Plant Available Nitrogen (N_p) of the sewage sludge or sludge product shall be calculated at the summation of the ammonia, nitrate and % inorganic Nitrogen mineralized in the first year, bases on a recent rolling average analyses for the sludge source.

Equation (1): N_p = S [No₃^-) + Kv (NH₄⁺) + F (No)](10)

Where:

N_p = Plant available N from the current year's sludge application only.

S = Sludge application rate (dry mt tons/ha).

No₃^- = Percent nitrate-N in sludge (as percent, e.g. 1% = 1.0).

Kv = Volatilization factor = 0.5 for surface applied liquid sludge, or 1.0 for incorporated liquid sludge and dewatered sludge applied in any manner.

NH₄⁺ = Percent ammonia-N in the sludge, as percent (e.g. 3% = 3.0).

F = Organic Nitrogen mineralization factor (year 0-1) from Table 702.1 (percentage expressed as a fraction e.g. 20% = .20).

N_o = Percent organic nitrogen in the sludge (as percent e.g. 3% = 3.0).

(iv) If sludge has been applied in previous years the nitrogen available in the current year from each previous application can be calculated as follows:

Equation (2): N_m = (K_m)(N_o)(s)

Where:

N_m = The quantity of N mineralized in the year under consideration, in kg/ha.

K_m = Mineralization factor for the year under consideration from Table 702.1 (in kg/mt/%N_o).

N_o = Percent organic N originally present in the sludge (as percent e.g. 3% = 3.0).

S = Sludge Application rate (mt/ha) in the year under consideration.

(v) If the sludge is only applied one time, the N_o available in subsequent years is the amount calculated in eq (2). Sites which have received multiple sludge applications must include the summation of currently available N_p from N_o mineralization calculations for each previous sludge application.

(2) Buffer Zones.

(a) Unless treated by PFRP, sewage sludge may not be land applied within the following buffer zones:

Surface Subsurface

Application Injection

Occupied off-site dwelling 200 feet 100 feet

Occupied on-site dwelling 100 feet 50 feet

Potable wells 100 feet 100 feet

Non-potable wells 25 feet 25 feet

Public roads 25 feet 15 feet

Property lines 50 feet 25 feet

Bedrock outcrops 50 feet 25 feet

Streams, tidal waters, or 50 feet 25 feet

other water bodies

Drainage ditches 25 feet 25 feet

(b) The Department may require increased buffer distances or may reduce buffer distances, and may set buffer zones between sludge boundaries and other land uses such as wetlands. In making these determinations, the Department may consider adjacent land use, type of sludge, sludge application method, sludge application rate, sludge quality and level of treatment, land slopes, vegetative cover used, the nature of any surrounding bodies of water, and any other factors considered relevant by the Department.

(3) Pathogen Control.

(a) Sewage sludge and septage treated by a PSRP process as described in Subsection 602, may be land applied in the State with the following restrictions:

(i) Food crops with harvested parts that touch the sewage sludge/soil mixture and are totally above the land surface shall not be harvested for 14 months after application of sewage sludge.

(ii) Food crops with harvested parts below the surface of the land shall not be harvested for 20 months after application of sewage sludge when the sewage sludge remains on the land surface for four months or longer prior to incorporation into the soil.

(iii) Food crops with harvested parts below the surface of the land shall not be harvested for 38 months after application of sewage sludge when the sewage sludge remains on the land surface for less than four months prior to incorporation into the soil.

(iv) Food crops, feed crops, and fiber crops shall not be harvested for 30 days after application of sewage sludge.

(v) Animals shall not be allowed to graze on the land for 30 days after application of sewage sludge.

(vi) Turf grown on land where sewage sludge is applied shall not be harvested for one year after application of the sewage sludge when the harvested turf is placed on either land with a high potential for public exposure or a lawn, unless otherwise specified by the permitting authority.

(vii) Public access to land with a high potential for public exposure shall be restricted for one year after application of sewage sludge.

(viii) Public access to land with a low potential for public exposure shall be restricted for 30 days after application of sewage sludge.

(ix) Bulk sewage sludge shall not be applied to a public contact site unless the sludge meets exceptional quality standards.

(x) Tobacco is grown or will be grown.

(b) No person shall use spray irrigation equipment to apply sludge unless such person has demonstrated to the Department in his permit application the specific means by which pathogens will be controlled so as not to present a public health hazard. At a minimum, the report shall include the design effectiveness of the proposed bactericidal and viricidal equipment, the means by which aerosol-borne bacteria and viruses will be contained and the impact of wind velocity on the latter's transport offsite or that appropriate buffer zones have been included, and the Department has approved such equipment or areas as part of the permit.

(4) In no case shall the pollutant loading rate to a field exceed the levels set forth in Section 400, Table 402.4 and Table 402.5.

(5) The Department may deny an application to apply lime stabilized sludge or high lime content sludge on a specific site if the Department determines that the application will result in the average soil pH on the site exceeding the optimum pH range for the crop to be grown.

(6) Site characteristics. No person shall apply sludge to a site unless the site complies with all of the following:

(a) The soils shall have a minimum depth from surface to impermeable strata of 20 inches.

(b) The site shall have a minimum depth from surface to seasonal high water table of 20 inches. The operator may establish this minimum depth through the use of a tile drain system. An NPDES permit will be required for the discharge from the tile drain. Sites where the minimum depth from surface to seasonal high water table is less than 20 inches but no less than 12 inches may be considered if application to the soil is restricted to:

(i) May, June, July or August and appropriate vegetation is established and harvested as practicable, and

(ii) Those periods when actual water table depth is at least 20 inches below the maximum depth of tillage to be used for the vegetation.

(c) Slopes to be utilized for sludge application may not exceed 15 percent, except that the Department may allow slopes of up to 30 percent for forest systems in the permit.

(d) Soil pH is to be adjusted to values of 6.2 or above unless the natural climatic conditions and soil chemistry preclude such values. In these cases, lime additions suitable to the vegetation used are to be applied in conjunction with annual metal monitoring of that vegetation.

(e) For silvicultural application the soil may remain at ambient pH provided sufficient litter exist on the forest tract floor as determined by the Department.

(f) If the site is planted with nursery crops that require a pH of less than 6.2, the Department may approve a soil pH of 5.8 or greater in the permit.

(7) Application to soil.

(a) Sludge shall be spread evenly over the site using conventional agronomic equipment such as manure spreaders, spray equipment, or other applicators, or by commercial equipment specifically designed for sludge application on agricultural land.

(b) Sludge or products derived from sewage sludge shall be applied to the soil surface or incorporated in a manner that prevents unreasonable nuisance or odor conditions.

(c) The sludge applied shall be incorporated into the soil as required in Section 600 or by the end of each working day except under the following circumstances when:

(i) Liquid sludge is surface sprayed, odors and nuisances are controlled, and the Department determines that there will be no adverse impact on the environment or public health; or

(ii) Site management plans such as no till farming or the presence of an established crop precludes sludge incorporation, adequate site features exist to preclude sludge migration from the site, odors and nuisances are controlled, and the Department determines that there will be no adverse impact on the environment or public health.

(d) For the surface application of sludge for top or side dressing on hayfields, for pastures, for cover crops, in forests or for no-till crops when the previous no-till crop was harvested for grain in a manner that left adequate crop residue, the Department may either:

(i) Approve a greater than 24 hour time period for incorporating sludge into the soil as part of the permit, or

(ii) Not require incorporation as part of the permit.

(e) The areas to receive sludge application shall be clearly marked with stakes or contain other markers before the sludge application.

(f) Trucks shall be reasonably cleaned on the site to prevent drag-out of soil or sludge onto public roads.

(8) Weather.

(a) No person may apply sludge when the ground surface is saturated or covered with snow, or during periods of rain or runoff.

(b) No person may apply sludge when the ground is frozen, unless the Department has approved such application in the permit and all of the following conditions exist:

(i) The slopes at the site do not exceed three percent.

(ii) The site contains sufficient vegetation or a well-established cover crop to prevent runoff of sludge.

(iii) No sludge storage capacity or other means of storage or disposal exists at the generating facility.

(iv) No run-off.

(9) Daily Record Keeping and Reporting Requirements.

(a) Permit applicants must provide the landowner and operator or the proposed site with a copy of the Project Development Report and permit application and information as specified in Section 1100.

(b) Any person that land applies sludge shall make and maintain an operational record for each day that sludge is applied and when any other management activities are conducted at the land application site. The daily operational record shall be recorded on a form supplied by the Department and include the following:

(i) The date, type, and wet and dry weights of the sludge applied.

(ii) The facility from which the sludge originated.

(iii) The transporters of the sludge.

(iv) The particular map location of the area currently being used for land application of sludge, and the areas where sewage sludge was previously applied within 5 years.

(v) A record of any major deviations from the operating plan.

(vi) General daily weather conditions.

(vii) The application rate for sludge.

(viii) A record of all actions taken to correct violations of the Delaware Environmental Protection Act and the Department's regulations.

(ix) Management undertaken, such as planting and harvesting of crops, fertilizers and chemicals added, tillage practices, etc.

(c) When sludge is being stored at the site, the operator shall maintain accurate operational records sufficient to determine whether the sludge is being stored in accordance with the Department's requirements for such operations.

(10) Annual Record Keeping and Reporting Requirements.

(a) Any person that utilizes sludge by land application shall submit to the Department and landowner an annual operation report on or before February 1 of each year.

(b) The annual operation report, which shall be submitted in a format specified by the Department, shall include the following:

(i) The weight or volume of each type of sludge received.

(ii) The type, weight, and volume of sludge received from each generator location where the sludge originated.

(iii) A copy of the applier's current public liability insurance policy.

(iv) Any changes in ownership of the land where the operation is conducted or any change in any lease agreement for the use of such land that may affect or alter the applier's rights upon such land.

(v) The annual ground water monitoring evaluation if ground water monitoring is required by the Department.

(vi) A chemical analysis of soil for each field at the facility for those constituents identified in the sludge, unless otherwise specified by the Department in the permit. The procedure for soil analysis shall be consistent with the Department guidance.

(vii) Any other information required by the Department.

(c) The annual operation report shall also contain a topographic map of the same scale and contour interval as the map required for the initial permit application, showing the field boundaries where sludge has been applied.

Subsection 703. Land Reclamation.

(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.

(2) The applier shall incorporate sludge into the soil within 24 hours unless otherwise specified in Section 600, following surface application.

(3) Weather.

(a) The operator shall not apply sludge:

(i) When the ground is saturated, snow covered, frozen, or during periods of rain or runoff.

(ii) Between October 15 and April 15, unless a cover crop can be established.

(b) 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.

(4) Revegetation.

(a) 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.

(b) 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.

(c) Revegetation shall provide a quick germinating, fast growing vegetative cover capable of stabilizing the soil surface from erosion.

(d) 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.

(e) 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.

(f) The Department may require a chemical analysis of the vegetation.

(g) Vegetation shall not be harvested for 2 years for food chain use following the application of sludge, unless otherwise approved by the Department.

(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.

(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.

(8) The Department may impose other restrictions if considered necessary to protect public health and the environment.

(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.

Subsection 704. Research Projects.

(1) The Department may issue permits to utilize sludge as part of legitimate research projects to be carried out by qualified persons. Research projects may be designed to improve current sludge utilization methods, develop new methods, determine the environmental or health effects of sludge utilization, or all of these.

(2) The Department may allow the application of sludge at high rates which exceed crop nitrogen requirements and/or the heavy metals limitations stated in the guidance and these regulations, on land specifically set aside for research purposes.

(3) The Department may allow use of unstabilized sludge if appropriate precautions are taken to assure that viable pathogens do not enter ground water, surface water, or in any way adversely affect the public health.

(4) The Department may allow the growth of crops such as vegetables and tobacco if the purpose of the research is to determine the effect of sludge on these crops, and the crops are not allowed to enter the human food chain.

(5) 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.

(6) 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.

Subsection 705. Sludge Distribution and Marketing .

(1) Quality Criteria:

(a) Sludge and sludge products for Distribution and Marketing must meet one of the PFRP pathogen reduction standards specified in Subsection 603, vector attraction methods described in Subsection 604(2) as alternative a through h, and the Pollutant Concentration Limits in Table 402.3 at the time of distribution.

(b) All sludge or sludge products shall be dried or otherwise amended to a minimum of twenty percent solids prior to distribution or marketing.

(2) Monitoring Requirements for Distribution and Marketing:

(a) A quality control program approved by the Department shall be instituted to assure that all treated sludge and sludge products to be distributed meet the Department's standards regarding the destruction of primary pathogen organisms (PFRP) and the limitations for heavy metals and other contaminants. During the stabilization process, temperature shall be monitored regularly until temperatures recorded in the material (or off-gas from a heat-drying process) exceed the level and duration required for adequate pathogen destruction. For aerobic stabilization processes, oxygen levels shall also be monitored frequently to assure that aerobic conditions are maintained. Additional monitoring of the treatment process may be required on a case-by-case basis.

(b) The sludge or sludge products shall be tested according to the frequencies specified in Subsection 401, unless the Department requires a different monitoring as a permit condition.

(c) The sludge distribution facility shall perform and submit to the Department additional analyses if there has been a significant change in the quality of the sludge or sludge products.

(3) Records and recordkeeping.

(a) Any person that distributes and markets sludge or sludge products shall keep a log of all persons that receive more than ten (10) cubic yards of material per year.

(b) Before distributing sludge or sludge products to any person who will utilize more than 100 tons of the material in a twelve (12) month period, the permittee shall submit a plan to the Department which addresses the following:

(i) The end use(s) of the material

(ii) Maximum application rates

(iii) Total amount of material to be utilized

(iv) Storage practices

(v) Transportation methods

(4) Application limitations.

(a) No person who receives or applies sludge or sludge products pursuant to a distribution and marketing program may exceed the application rates for particular uses as listed in the instructional materials provided with the product, or otherwise use the product in any manner counter label directions.

(b) No sludge or sludge products may be stored or applied so as to cause surface or groundwater pollution, runon/runoff, cause odor, adversely affect the food chain, attract vectors, or adversely affect private or public water supplies.

Subsection 706. Utilization or Disposal of Sludge at Sanitary Landfills.

(1) Sludge utilized or disposed of in a sanitary landfill must not contain free liquids and must contain a minimum of 20% solids as determined by the EPA paint filter test.

(2) Utilization or disposal of sludges governed by these regulations must comply with 40 CFR part 258, the "Regulations Governing Solids Waste" and Delaware Solid Waste Authority Policy on Special Solid Wastes.

(3) Persons with a valid permit from the Delaware Solid Waste Authority or the Delaware Department of Natural Resources and Environmental Control, Division of Air and Waste Management to dispose or utilize sludge at an approved landfill are exempt from the permit requirements of these regulations.

(4) Reporting and Record Keeping.

(a) Unless specified in an NPDES or Ground Water Discharges Permit, all facilities must record the volume of sludge generated and disposed of on a dry weight basis under this subsection.

(b) Unless specified in an NPDES or Ground Water Discharges Permit, all facilities must report on a yearly basis the volume of sludge generated and disposed of under this subsection.

SECTION 800. TRANSPORTATION OF SLUDGE OR SEPTAGE.

Subsection 801. General Requirements.

(1) For the purpose of this section, sludge and septage are divided into three types as shown in the table below.

Sludge Type Percent Solids

Liquid Less than 15

Cake 15 - 35

Dried Greater than 35

(2) The Department may issue permits to transport sludge off-site if the Department approves of the equipment to be used, the operations plan, and the destination of the sludge.

(3) Liquid sludge or septage can be pumped and transported by pipeline. If liquid sludge is transported by truck, rail, or barge, closed watertight vessels shall be used such as tank trucks and railroad tank cars or other vessels which can provide equivalent protection against spills and leakage.

(4) Cake may be transported in watertight boxes, such as dump trucks properly sealed to prevent leaks, or cement type vehicles. Unless the applicant demonstrates equivalent protection against spills and leakage, when sludge cake is transported in dump trucks, the following standards shall be met:

(a) The trucks shall be equipped with splash guards firmly attached horizontally at the front and rear of the trailer;

(b) Each splash guard shall cover at least 25 percent of the trailer's open area; and

(c) A minimum 2 feet of freeboard shall be maintained between the sludge and the top of the trailer unless the top of the trailer is completely sealed.

(5) The Department may require certain cake sludges to be transported as liquid sludge.

(6) Dried sludge may be transported in open boxes, such as dump trucks, which are properly sealed to prevent leakage. The trucks shall be covered with tarps or the equivalent.

(7) All vehicles used to transport sludge or septage shall be operated and maintained so as to be in compliance with all state and federal regulations and not present a hazard to human health or the environment through unsafe vehicle conditions. The permittee is responsible for the operation and maintenance of all vehicles operated under the permit.

(8) All transporters of sludge or septage shall submit to the Department a plan for the prevention, control, and cleanup of accidental discharges. No transportation permit will be issued until such a plan has been submitted to and approved by the Department.

(9) All transporters shall at all times maintain commercial automobile liability insurance with a combined single limit of at least $100,000, and shall submit a Certificate of Insurance demonstrating compliance with this regulation. All persons subject to these regulations that were permitted to transport in Delaware before the adoption of this requirement shall be subject to the requirement upon renewal of their permit, or 90 days after adoption of the part, whichever is first.

Subsection 802. Permit Application for Transportation .

An applicant for a Permit to transport sludge or septage in the State shall submit copies of the following information along with the initial application forms supplied by the Department:

(1) A description of the sludge to include the source of the sludge, the quantity to be transported, and any treatment the sludge has undergone before transportation (for example anaerobic digestion, aerobic digestion, lime stabilization, composting, or dewatering).

(2) Results of a laboratory analysis of a representative sample of the sludge which was obtained not more than 6 months before submission of the application unless these results would be submitted as a part of the land application program. The analysis shall include, as a minimum, percent solids, pH, and the dry weight concentration of total nitrogen, ammonium, nitrate, total phosphorous, total potassium, cadmium, copper, mercury, nickel, lead, zinc, arsenic, selenium, and molybdenum. The Department may require more frequent analyses and analyses for other sludge constituents if considered necessary to adequately assess the potential public health, environmental, and nuisance impacts of the project. The Department will waive the requirement for domestic septage.

(3) A description of all equipment to include collection, short-term holding, handling, and wash down equipment, as well as a detailed description of the transport vehicles to include type, size, number, and all modifications made to prevent spills and leaks.

(4) An operations plan to include transportation route, days and hours of operation, spill reporting and cleanup plans, plans to keeping transportation vehicles clean, and recordkeeping procedures.

(5) The destination of the sludge and a description of what is to be done with the sludge at the destination.

(6) Other relevant information requested by the Department.

SECTION 900. STORAGE.

Subsection 901. General Requirements. Adequate storage capacity for sludge is recognized as an integral and necessary element of an acceptable sludge management program. Storage facilities are to be used as proactive staging areas for sludge or sludge products and not to be used for final or permanent disposal. Storage facilities used in a manner that constitutes final or permanent disposal shall be classified a surface disposal unit and subject to the requirements ofThe Regulations Governing the Disposal of Solid Waste in Delaware.

(1) The Department may issue permits for the construction and operation of temporary or permanent sludge storage facilities.

(a) A facility is a temporary facility if it exists for less than one (1) year or it is used for storage for less than six (6) months in any one year.

(b) A facility is a permanent facility if it is not a temporary facility.

(2) Unless governed by another permitting authority, facilities for the temporary storage of sludge unless authorized only as an interim measure to provide sufficient time for the location, authorization, design and construction of permanent sludge storage facilities.

(3) The Department may deny authorization to construct temporary storage facilities if it determines that the applicant or the generator is not actively pursuing efforts to secure adequate permanent storage facilities, or for other good cause.

(4) When feasible, storage shall be limited to permanent facilities, specifically designed and constructed to safely contain sludge without resulting in public health or environmental problems, or creation of nuisance conditions.

(5) Portable equipment used for the short-term holding of sludge (i.e., dumpsters and roll-offs) shall not be considered as storage facilities under this Section provided this equipment is included in the list of equipment provided in Subsection 802(3).

Subsection 902. Temporary Sludge Storage Facilities. Temporary sludge storage facilities shall be designed and constructed in accordance with the following specifications:

(1) Storage facilities shall not be placed in flood prone areas.

(2) Storage facilities within the 100-year floodplain shall be evaluated as to potential effects on adjoining landowners.

(3) Storage facilities shall be located on soils of low to moderate permeability or on soils that seal through sedimentation and biological action. If a storage facility is proposed on other soils, the Department shall require permeability tests or use of an impermeable membrane liner or soil sealant, or all of these.

(4) The minimum design volume of a storage facility which is not completely enclosed shall be the volume of sludge to be stored plus the expected volume of precipitation during the period of storage minus expected evaporation on the pond surface plus the volume of the maximum expected 25 years, 24 hours precipitation event.

(5) Storage facilities shall be constructed of:

(a) Suitably compacted soils; or

(b) Manufactured materials such as asphalt, steel, reinforced concrete; or

(c) Fiberglass; or

(d) Other materials approved by the Department.

(6) Storage facilities made by constructing an above ground embankment shall meet the following conditions:

(a) The minimum combined slopes of the embankment shall be five horizontal to one vertical with the wet side not steeper than 2:1 and the dry side not steeper than 3:1.

(b) Embankments having a height of 14 feet or less shall have a minimum top width of 8 feet. Embankments having a height of 15 feet to 19 feet shall have a minimum top width of 10 feet.

(c) The design height of the embankment shall be increased by the amount needed to insure that the design top elevation is maintained after all settlement has taken place. This increase may not be less than 5 percent when compaction rollers are used and not less than 10 percent when bulldozers or scrapers, or both, are used.

(7) The minimum top elevation of the facility shall be 10 percent above the design depth after settlement. A minimum of one foot of freeboard must be provided in all cases. These provisions may be waived by the Department, or the freeboard requirements reduced if the facility design includes secondary containment capability, and the accumulated liquids are routinely removed from the facility.

(8) The side slopes of an excavated storage facility may not be steeper than 1:1.

(9) Storage facilities constructed by both the embankment and excavation method shall meet all of the requirements for above ground embankments of these regulations if the design depth of the sludge impounded against the embankment is 3 feet or more.

(10) Public access to the storage facility shall be controlled.

(11) The storage facility shall be located in a relatively level area (usually less than 5 percent slope) and shall be located at least 150 feet from any drainage ditch, swale, or gully, and bermed to prevent run-on or surface water. Areas with slopes greater than 5 percent may be deemed suitable for storage provided that diversion ditches, additional buffer distances, or other provisions can be installed to further control storm water in the areas of the storage facilities.

(12) The cell floor shall be located at least 2 feet above the maximum seasonal high ground water elevation.

(13) Adequate specific conditions are included to control odors and potential nuisances.

Subsection 903. Permanent Storage Facilities. Permanent storage facilities shall be designed and constructed in accordance with all the requirements listed for temporary storage facilities in these regulations with the following additions:

(1) The facility shall be lined to prevent loss of materials to ground waters. Acceptable liners shall include:

(a) 1-foot thick clay or other suitable material with an installed permeability of 1.0 x 10^-7 cm/sec. or less;

(b) 2-foot thick clay or other suitable material with an installed permeability of 1.0 x 10^-6 cm/sec or less;

(c) 2-foot thick compacted soil with an installed permeability of 1.0 x 10^-5 cm/sec. or less in combination with an artificial liner at least 30 mil in thickness with a permeability of 1.0 x 10^-7 cm/sec. or less; or

(d) Other manufactured facilities including but not limited to asphalt or reinforced concrete structures, steel tanks, fiberglass tanks, or their equivalent.

(2) A ground water monitoring program shall be conducted in accordance with a plan approved by the Department. At a minimum, three wells, one upgradient and two downgradient of the facility, shall be installed. The Department may waive this provision for facilities which store sludge in above ground manufactured facilities such as tanks or similar structures.

(3) The Department may approve the storing or stockpiling of dried sludge on a storage pad without groundwater monitoring if the pad meets the Department's standards for permanent storage facility liners and all runoff from the pad is collected and disposed of in a manner approved by the Department.

(4) Other methods of storing or stockpiling dried sludge may be approved by the Department if the Department determines that they do not have significant potential to cause nuisances or adversely affect the public health or the environment.

(5) If the facility is constructed after the date when these regulations are adopted by the Department a 1,000 foot buffer zone shall be maintained between the sludge processing or storage area, or both, and the nearest inhabited off-site dwelling. This buffer distance may be reduced if the Department considers that the facility has adequate specific conditions to control odors and potential nuisances.

Subsection 904. Application for a Storage Permit. Applications for permits to store sludge shall include the following information:

(1) Written permission from the landowner or landowners and evidence of zoning approval as required by 7 Del. Code 6003(c) and Section 1100 of these regulations.

(2) Results of a laboratory analysis of a representative sample of the sludge which was obtained not more than 6 months before submission of the application. The analysis shall include, as a minimum, the metals and nutrients parameters found in Section 400 of these regulations. The Department may require more frequent analyses and analyses for other sludge constituents if considered necessary to adequately assess the potential public health and environmental impacts of the project.

(3) A site specific topographic map of sufficient scale to include:

(a) The areal extent of the site;

(b) The property boundaries;

(c) The size and location of the storage facility;

(d) The location of any streams, springs, or seeps in the area;

(e) The residences or buildings on the site or bordering on the site;

(f) Any roads on the site;

(g) The location of any wells on the site or within 1/2 mile of the site; and

(h) The location of all soil tests, soil borings, or test pits (attach test results).

(4) A tax map of the site showing the owner's name, site acreage, and property identification number.

(5) Evidence showing the frequency of flooding at the site based on available flood maps and other information along with an evaluation of stormwater management for the facility.

(6) The source and volume of sludge to be stored.

(7) Design volume calculation.

(8) For facilities constructed of earthen material, and for facilities constructed or installed below grade, the following information shall be submitted:

(a) Soil permeability test results both on the soil used to construct side slopes and at the proposed depth of the facility.

(b) Representative test borings or test pits on the site, to include a description of the texture, color, and evidence of mottling of the soils encountered, and the depth to the ground water. The interpretation of test pit or boring information shall be made by a qualified person.

(9) Evidence showing the maximum seasonal high ground water elevation.

(10) The specifications of any liners or soil sealants, if required.

(11) Detailed construction specifications.

(12) Method of restricting public access to the site.

(13) An operations plan to include a description of all sludge handling equipment, daily operating procedures, days and hours of operation, an odor and nuisance control plan, emergency plans, and recordkeeping procedures.

(14) A description of the truck cleaning facility.

(15) For permanent facilities constructed of earthen materials, or for facilities constructed or installed below grade, the following information shall be submitted:

(a) Adequate test boring logs, at a minimum of three per 10 acres. These shall be specific as to the soil, sediment, and rock types encountered, depth of groundwater at completion and at 24, 48, and 72 hours after completion, and depth of auger refusal, if applicable. The location of each boring shall be accurately mapped.

(b) Description of the geology at the site, including a discussion of the geologic formations directly involved, the present and future use of these formations as a ground water source and their relationship to underlying formations, providing cross sections based on the information compiled from borehole data.

(c) Hydraulic characteristics of the site, including a ground water contour map, superimposed on a topographic map, showing the location of the water table and the direction and rate of ground water flow, a discussion of the infiltration capacity of surface soils, and the percolation capacity of subsurface soils.

(d) A proposed ground water monitoring program consisting of at least three wells, one upgradient and two downgradient of the facility.

(e) A sediment and erosion control plan for the site.

(16) For manufactured facilities, the following information shall be submitted:

(a) Information on the structural materials to be used;

(b) Design specifications, such as structural capacity, maximum load, restrictions on use, and dimensions;

(c) Installation or construction techniques and procedures;

(d) A plan for cleaning and periodic inspection of the facility for leaks or other structural defects;

(e) A contingency plan for repairs of the facility, if necessary.

(17) For above ground enclosed facilities, a plan for controlling emission gases.

(18) Other relevant information requested by the Department.

Subsection 905. Temporary Stockpiling. The Department may authorize the temporary stockpiling of sludge on a permitted utilization site provided that the following conditions are satisfied:

(a) The sludge shall be utilized on the site within 7 days of delivery to the site;

(b) The sludge has been dewatered to a minimum solids content which will allow it to pass the free liquids test under Subsection 705.

(c) The Department determines that the stockpile area is situated in an area where runoff is adequately controlled and odor or other nuisance conditions do not occur.

(d) The Department may approve stockpiling beyond 14 days if adequate covering or shelter is provided for the material.

SECTION 1000. SAMPLING AND LABORATORY ANALYSES.

The Department recognizes that sludge analysis is difficult due to the inherent complexity of sludge matrices. Sludge is rich in organic matter and highly variable in physical and chemical properties. However, sampling accuracy can be greatly enhanced if the correct protocol is established for the collection, storage, transportation, and analysis of the sludge sample. The Department may reject the method of analysis if it determines that the method of analysis is inaccurate, or for any other good cause.

Subsection 1001. Sample collection and Analysis

(1) Sample Collection. All sludge generators and preparers shall develop a sludge sampling program which addresses random and cyclic variations within the sludge stream. The generator or preparer must receive Department approval prior to execution of this program. The EPA publication POTW Sludge Sampling and Analysis Guidance Document may be helpful in establishing a sampling and analysis program. Specifically, the program shall address, with respect to both stabilized and unstabilized sludges, the following:

(a) Sampling equipment, personnel, and containers, including set-up, tear-down and cleaning procedures

(b) Representative sampling (collection points, compositing method, frequency and timing of sampling)

(c) Sample preservation

(d) Recordkeeping/logbook

(e) Transfer and Chain-of-Custody Samples

(2) Methods in the publications listed below shall be used to analyze samples of sewage sludge. The publications are listed as they existed on the effective date of this Regulation. Notice of and change in the listed methods will be published in the Federal Register. The Department will make a sincere effort to notify permittees of any testing method changes; however, it is the responsibility of all parties governed by these regulations to perform analysis using current EPA approved testing methods.

(a) Enteric viruses. ASTM Designation: D 4994-89, "Standard Practice for Recovery of Viruses From Wastewater Sludges", 1992 Annual Book of ASTM Standards: Section 11 - Water and Environmental Technology.

(b) Fecal coliform. Part 9221 E. or Part 9222 D., "Standard Methods for the Examination of Water and Wastewater", 19th Edition, 1992.

(c) Helminth ova. Yanko, W.A., "Occurrence of Pathogens in Distribution and Marketing Municipal Sludges", EPA 600/1-87-014, 1987.

(d) Inorganic pollutants. "Test Methods for Evaluating Solid Waste, Physical; Chemical Methods", EPA Publication SW-846, Second Edition (1982) with Updates I (April 1984) and II (April 1985) and Third Edition (November 1986) with Revision I (December 1987).

(e) Salmonella sp. bacteria. Part 9260 D., "Standards Methods for the Examination of Water and Wastewater" 18th Edition, 1992. Kenner, B.A. and H.P. Clark, or "Detection and Enumeration of Salmonella and Pseudomonas aeruginosa", Journal of the Water Pollution Control Federation, Vol. 46, No. 9, September 1974, pp. 2163-2171.

(f) Specific oxygen uptake rate. Part 2710 B., "Standard Methods for the Examination of Water and Wastewater" 18th Edition, 1992.

(g) Total, fixed, and volatile solids. Part 2540 G., "Standard Methods for the Examination of Water and Wastewater", 18th Edition, 1992.

(3) All laboratory results submitted to the Department must list the method used for analysis. The laboratory may be required to submit a documented Quality Assurance (QA) program for Department approval; the QA program must identify sampling and test procedures in sufficient detail so as to allow a technical evaluation. All sludge generating facilities shall submit a description of the proposed sludge analysis program, which shall address:

(a) Laboratories used, addresses, qualifications

(b) Parameters analyzed at each laboratory for each medium (water, soil, sludge)

(c) QA/QC procedures utilized, results of procedures

(d) Methodologies employed, citation for methodologies

The applicant must receive Department approval prior to execution of this program.

(4) Where the regulations require a soils analysis to be performed in order to determine cumulative metals loading, a complete digestion process is required, and the specific testing method shall be referenced in the report; leachate tests would only be appropriate when testing to determine exchangeable cations uptake of metals by the plant-root system.

Subsection 1002. Other Treatment Methods. The Department may issue permits for the treatment of sludge by other processes if it can be demonstrated by the applicant that the following conditions will be met:

(a) The treatment process does not contaminate the sludge to an extent that subsequent utilization of the treated sludge presents a public health hazard or danger to the environment.

(b) Health hazards, environmental degradation, or nuisances do not result from the operation of the treatment process.

(c) If the facility is constructed after the date when these regulations are adopted by the Department, a 1,000 foot buffer zone shall be maintained between the sludge processing or storage area and nearest inhabited off-site dwelling. This buffer distance may be reduced if the Department considers that the facility had adequate specific conditions to control odors and nuisances.

Subsection 1003. Information Required for Permits. Applications for permits for the treatment of sludge shall include a description of the treatment method, the source of the sludge, the quantity of sludge involved, and a map showing the location of the treatment facility. After a preliminary review the Department will specify the additional information necessary to evaluate the project and complete the application. Copies of this information shall be submitted and may include the following:

(a) A site specific topographic map with a minimum scale of 1 inch = 200 feet and a contour interval of not more than 5 feet, showing the areal extent of the site, the property boundaries, the exact acreage of the facility, location of all buffer zones, and surrounding land uses within 2500 feet including residences, streams, roads and wells.

(b) Site specific geologic and hydrogeologic information as required by the Department to ensure that the treatment facility does not constitute a threat to ground or surface waters of the State.

(c) Detailed discussion of the methods to be used for the protection of the ground water, such as leachate control or natural attenuation.

(d) A laboratory analysis of each sludge in conformance with Subsection 402(2) of these regulations. The analysis shall include, as a minimum, percent solids, pH, and the dry weight concentration of total nitrogen, ammonium, nitrate, total phosphorous, total potassium, cadmium, copper, mercury, nickel, lead, and zinc. The Department may require the analysis of other parameters if considered necessary to protect public health or the environment.

(e) A proposed program for monitoring the chemical quality of the ground water and surface waters on the site, including the depth and location of monitoring wells if applicable.

(f) Written permission of the landowner or landowners for the operation to be carried out, and evidence of zoning approval as required by 7 Del. Code 6003(c).

(g) Procedures to be employed to control odors, nuisances, and public access.

(h) Location of the 100-year flood plain, if applicable.

(i) Tax maps and property identification numbers.

(j) Detailed design calculations.

(k) Detailed engineering plans and specifications.

(l) A detailed description of the treatment process.

(m) Plans for storage and ultimate utilization of the treated sludge.

(n) Plan to monitor efficiency of treatment device or process.

(o) Contingency or emergency plans.

(p) Other relevant information requested by the Department.

SECTION 1100. GENERATOR, PREPARER, APPLIER, OWNER, AND LEASEHOLDER RESPONSIBILITIES.

Subsection 1101. Generator's Responsibility.

(1) Each sludge generator who generates or otherwise produces sludge in Delaware shall maintain the following information for a minimum of five (5) years:

(a) Volume of sludge generated monthly, or a dry weight basis.

(b) The name, address, telephone number and NPDES permit number and the sludge utilization permit number of the person(s) who prepare and apply the sludge, if different from the generator.

(c) The location, by either street address or longitude and latitude of all sludge storage, utilization, disposal, or reclamation sites where the generator's sludge has been placed.

(d) The concentration of pollutants identified in Section 400 of these regulations as required by the Department.

(e) A description of how pathogen and vector reduction requirements are met, including a signed certification statement approved by the Department.

(f) Any additional information required by the Department.

Subsection 1102. Preparer's Responsibility.

(1) Each sludge preparer who prepares or otherwise treats sludge for final utilization or disposal in Delaware shall submit to the Department the following information, at a frequency identified in Section 400 of these Regulations:

(a) The concentration of total nitrogen of the prepared sludge.

(b) The concentration of pollutants identified in Section 700 of these Regulations.

(c) Other constituent concentrations identified in the sludge utilization or disposal permit.

(d) A description of how pathogen and vector reduction requirements are met, including a signed certification statement approved by the Department.

(2) The information required in 1 above, shall also be provided to the sludge applier, if the applier is different from the sludge preparers, and shall be maintained for a minimum of five (5) years.

Subsection 1103. Applier's Responsibility.

(1) Each sludge applier who land applies or disposes of sludge in the state shall submit to the Department the following information at a frequency identified in Section 700 of these Regulations. This part does not apply to sludge appliers who transport sludge to a sanitary landfill in accordance with Subsection 706 of these Regulations or to sludge appliers who apply sludge or sludge products in accordance with a valid Distribution and Marketing permit issued by the Department. Required information includes:

(a) The location, either by street address and longitude and latitude of all sludge utilization, disposal or reclamation sites where the applier has placed sludge.

(b) The total volume of sludge (in dry metric tons per hectare) applied to each site annually; the number of hectares the sludge was applied to; and the total site acreage.

(c) The cumulative pollutant loading rate (CPLR) of each pollutant listed in Table 402-4 applied to the site to date.

(d) The applier shall provide a description of how the management requirements in Sections 702, 703, and 404(7) were met and shall certify that the management requirements were met.

(2) For all Class B sludges that are land applied, the appliers shall provide a description of how all site restrictions were met and shall certify that all site requirements identified in Section 600 and 700 of these Regulations have been met.

(3) When vector attraction reduction requirements are achieved using either method (i) or (j) as described in Section 604(2) of these Regulations, the applier shall maintain records documenting the methods employed to comply with these requirements. The applier shall also certify that the above vector attraction reduction requirements were met.

(4) The applier shall provide to the landowner or lease holder notice and information necessary to comply with these regulations and the permit. The information shall include:

(a) The date(s) sludge was applied to the site.

(b) The areas on which sludge was applied, including acreage.

(c) The loading rate of sludge in dry tons per acre.

(d) The total amount of nitrogen available for crop uptake from the sludge application in pounds per acre.

(e) A copy of a recent laboratory analyses of the sludge.

(f) Any other information required by the Department.

Subsection 1104. Landowner or Leaseholder Responsibilities.

(1) Prior to sludge application the landowner or leaseholder shall provide the sludge applier the following information:

(a) Identification of crops to be grown.

(b) Approximate dates for seeding or planting of crops.

(c) A statement agreeing to comply with site and crop restrictions when Class B sludges are applied to the field(s).

(d) Any other information required by the Department.

Subsection 1105. Fee Schedule.

The Department may establish a schedule of annual and/or one-time fees with respect to sludge treatment, storage, transportation, land application/treatment, and distribution. This fee schedule may be revised from time-to-time after notice and opportunity for hearing.

Fee Payment.

One time fees shall be submitted to the Department at the time of application. Fees shall be submitted to the Department upon receipt of notice from the Department, or in accordance with the following fee payment schedule:

Fee Amount Payment Schedule

Less than $1,000 Upon receipt of notice from the Department

Between $1,000 and $10,000 Quarterly payments

Over $10,000 Monthly payments

The Department shall impose late charges at the rate of 1 percent per month, compounded, for any fee not received within 30 days of the due date.

Failure to pay fees shall constitute grounds for denial of subsequent applications for Permits, and revocation of previously issued permits involving sludge from the applicant.

Part V

LAND TREATMENT OF WASTE PRODUCTS

Section 100. Scope

This document provides regulations for all people engaged in the handling, marketing or agricultural utilization of non-hazardous waste products generated by industrial or commercial activities which will be utilized in agricultural or horticultural setting as a fertilizer or soil amendment agent. Materials subject to regulations under RCRA, TOSCA or other federal or state regulatory programs governing hazardous wastes are not included in the scope of these regulations. Nor do manures, waste vegetables or other materials produced under agricultural settings, or products of materials currently regulated or managed by the Delaware Department of Agriculture for use by farmers in agricultural activities.

The Delaware Department of Natural Resources and Environmental Control encourages the reuse of utilization of waste products as a viable alternative to disposal or incineration where appropriate. The regulations outlined herein apply to waste products that, because of their physical, chemical or biological characterization, may be used as soil conditioners or as substitutes to commercial fertilizers in agricultural settings.

Section 200. Definitions - The following terms have the meanings indicated.

"Agricultural land" means land cultivated for the production of crops or used for raising livestock.

"Agricultural utilization" means the application rate of wastes products which shall not exceed nutrient needs of the crop grown on the particular soil plus the other assimilative pathways in soils (e.g. immobilization with organic material, volatilization, and leachate in compliance with drinking water standards). The department may require a lower application rate if the design criteria for pathogens, metals or organics contained in these Regulations plus generally accepted technical standards for land treatment technology (e.g. U.S. EPA Process Design Manuals or Overcash, M.R. and P. Pal. 1979 Design of Land Treatment Systems for Industrial Wastes - Theory and Practice) cannot be achieved at the above application rate. This term may be used interchangeably with "agronomic rate".

"Agricultural wastes" means wastes normally associated with the production and processing of food and fiber on farms, feedlots, ranches, ranges and forests which may include animal manure, crop residues and dead animals; also agricultural chemicals, fertilizers and pesticides which may find their way into surface and subsurface and subsurface water.

"Collection" means any action involved in the gathering or subsequent placement of waste products into a vehicle, container or any other vessel for transportation to some other location.

"Crops for direct human consumption" means crops that are consumed by humans without processing to minimize pathogens before distribution to the consumer.

"Department" means the Department of Natural Resources and Environmental Control.

"Disposal" means the discharge, deposit, injection, dumping, spilling, leaking or placing of waste products on or in the land, the air or any waters, including ground water and includes any method of waste products utilization that involves reuse of nutrients in the waste product at greater than agronomic rates.

"Distribute" means to barter, sell, offer for sale, consign, furnish, provide or otherwise supply a material as part of a commercial enterprise or a giveaway program.

"Food chain crops" means tobacco, crops grown for human consumption and crops grown to feed animals whose products are consumed by humans.

"Handling" means any way in which waste products are dealt with, other than collection, burning, storage, treatment, land application, disposal or transportation. It includes distribution of waste products.

"Household waste" means waste derived from households (including single and multiple residences, hotels and motels, bunkhouses, ranger stations, crew quarters, campgrounds and day-use recreation areas) which is not sewage or septage.

"Impermeable" means having a hydraulic conductivity equal to or less than 1 x 10^-7cm/sec as determined by field and laboratory permeability tests made according to standard test methods which may be correlated with soil densification as determined by compaction tests.

"Label" means the display of all written, printed or graphic material on the immediate container or information accompanying the material.

"Land application" means the placement of waste products within 2 feet below the surface of land used to support vegetative growth.

"Land reclamation" means the application of waste products at a rate mot greater than necessary to support and maintain immediate revegetation. Application may be in multiple cycles prior to establishment of vegetation, but must be accomplished within a single short-term operational period.

"Land treatment" means a technology for t the intimate mixing or dispersion of wastes into the upper zone of the plant-soil system with the objective of microbial stabilization, immobilization, selective dispersion, or crop recovery loading to an environmentally acceptable assimilation of the waste.

" Liquid waste" means any waste which is not a solid waste as defined for the purposes of these regulations.

"Person" means an individual, trust, firm, joint stock company, federal agency, corporation (including a government corporation), partnership, association, state, municipality, commission, political subdivision of a state, or any interstate body.

"Solid waste" means any garbage, refuse, rubbish and other discarded materials resulting from industrial, commercial, mining, agricultural operations and from community activities which does a not contain free liquids. Containers holding free liquids shall be considered solid waste when the container is designed to hold free liquids for use other than storage (e.g. radiators, batteries, transformers) or the waste is household waste.

"Usable waste product" means an industrial waste that the Department has approved as a product or feedstock for a specified use.

Section 300. Waste Product characterization

Any person seeking authorization to utilize a by-product under this part shall be required to characterize the source and constituent make-up of the waste product.

Subsection 301. Source Characterization

The applicant shall describe fully the process or systems that generate the waste product. At a minimum, the following information shall be submitted in characterizing the source of the waste product:

A process flow chart which identifies and explains each phase of the waste product generation process;

A description of all major equipment and components used in the process that generates the waste product;

A description of any stabilization or treatment process the waste product will undergo prior to final utilization, including (where applicable):

A description of all major equipment used in the stabilization or treatment process;

Location and type of all monitoring worksheets used in monitoring the stabilization or treatment process;

Contingency or emergency operating plans; and

Other relevant information requested by the Department.

The applicant shall l provide an estimate of the quantity of the waste product that is currently being produced and the anticipated quantity to be generated annually for utilization.

Waste products containing pathogenic agents shall be stabilized in accordance with a process cited in Part III, B, Section 600 of these regulations.

Subsection 302. Constituent Characterization

Waste products to be utilized in land application projects may range from relatively clean by-products such as those from certain food processing industries to those which are potentially toxic above certain threshold limits and would require special considerations. As such it is important that the composition of the waste product be determined.

The degree of analysis required is dependent on the ability of the applicant to identify the composition of the waste product. By-products whose composition can be clearly determined through source identification may only need to be analyzed for nutrient status, providing it can be shown that the constituents identified in part III, B, Subsection 402(2) of these regulations are either absent or at low enough concentrations that they pose no significant environmental or public health risks. However, waste products whose composition is difficult to consistently ascertain will be required to be analyzed for the constituents cited in Part III, B, Subsection 402(2) of these regulations.

The waste product generator shall submit to the Department a chemical analysis of the waste product in accordance with Part III, B, Subsection 402(2) of these regulations every three months following permit issuance for 402 (2) (b) unless the Department approves a different schedule in the permit. The parameters for analysis will be developed based upon the critical or controlling constituents determined through the characterization of the by-product.

In no case shall the cumulative metals loadings exceed the levels set forth in Part III, A, Table 2 of these regulations. The applicant shall utilize table 2 in conjunction with Section 500 to calculate the potential site life for the constitute metals.

The waste product generator shall perform and submit to the Department and landowner additional analyses if there has been a significant change (greater than 25%) in the quality of the waste product from the original characterization.

Section 400. Utilization Method

Subsection 401. Waste Management Plan

An application for a permit to utilize a waste product for agricultural purposes or in a distribution and marketing program shall include a Waste Management Plan for Department review and approval. The Waste Management Plan shall, at a minimun, provide:

An explanation of how the waste product will be utilized; i.e. whether the proposed operation is for agricultural utilization, distribution and marketing, research, or land reclamation.

An operation plan to include proposed application rates and identification of land limiting constituents (LLC); the proposed life of the operation; equipment to be used for site preparation, land application and incorporation of the waste (if applicable); storage practices and specifications including storage volume, holding time, runon/runoff control and site access control; and other relevant information requested by the Department.

Subsection 402. Product Literature

The applicant shall develop a printed handout for the waste product that provides instructions for the proper use of the waste product. It shall identify the source and make-up of the waste product and provide detailed instructions for its proper use on different plant types, soils, and slopes, maximum loading rates for specified uses, any unacceptable use of the material and shall provide information on essential plant nutrient content. The printed handout shall also provide information on essential plant nutrient content. The printed handout shall also provide information on essential plant nutrient content, address maximum cumulative loading rates (if contaminant concentrations are of concern), provide instructions for proper storage, stockpiling and transportation of the waste product and application methods to be employed. The Department may require that specific restrictions, warnings or a caution statement be included in the hand out.

Subsection 403. Quality Assurance / Quality Control (QA/QC) Plan

The applicant shall develop a QA/QC plan for department review and approval to assure that the consistency of the waste product is maintained. If the waste product is to be stabilized or other wise processed, the process shall be routinely monitored and the information recorded on a form approved by the Department. The QA/QC plan shall provide in detail, measures taken to assure product uniformity and consistency. In addition, the QA/QC plan shall include a waste product sampling plan in accordance with Part III, B, Section 1200 of these regulations.

Subsection 404. Recordkeeping and Reporting

The applicant shall develop a recordkeeping and reporting system for department review and approval which at a minimum, provides for maintaining distribution records, application rates, results of all tests performed as part of the QA/QC plan, procedures for monitoring the stabilization process (if applicable) and procedures for reporting this information to the Department.

Subsection 405. Additional Requirements

Agricultural Utilization. If the applicant proposes to repeatedly (more than two consecutive years) utilize the waste product at a specific agricultural site, the following additional information shall be submitted:

A topographic map or other map on a scale no less than 1" = 400'. The map shall include the following information:

The boundaries of the land where the waste product will be applied, including total acreage available for utilization;

The location of any watercourses, drainage structures or wetlands within 1000' of the proposed site;

Residences and habitable structures within 1000' of the proposed site:

Flood elevations:

A description of the soil characteristics of the site in accordance with Part III, B, Subsection 402(3) (a), (b), (c), of these regulations; and

On-Site storage facility specifications (if applicable).

A Vegetable Management Plan which shall include, at a minimum, the following information:

A projected crop rotation plan which shall specify crops to be grown, anticipated yield, fertilizer requirements, planting and harvesting schedules, timing of application of the waste product, application rate of the waste product and final use of the crop;

The method and frequency for applying the waste product to the site and the method of incorporating the waste product to the site, if applicable;

The total volume of waste product to be applied to the site and the proposed life of the operation;

Methods to manage runoff and control erosion during the life of the project; and

If the waste product is to be applied to land owned by persons other than the generator of the waste product, the name and address of the landowner and evidence that the landowner has reviewed and approved by the project.

Distribution and Marketing. If the applicant proposes to utilize the waste product in a Distribution and Marketing program, the following additional information shall be submitted.

Evidence that pathogenic organisms are absent from the waste product;

Evidence that the waste product is dried of otherwise amended to a minimum of twenty percent (20%) solids prior to distribution and marketing;

Evidence that the waste product contains no Free Liquids;

Evidence that the waste product does not exceed the limitations for heavy metals and other constituents as established in Part III, B, Subsection 1101(1) (b) of these regulations;

Evidence that there is a market for the waste material; and

A description of the distribution and marketing system to include an identification of the end-users and the final use of the waste product.

Land Reclamation. In addition to the requirements cited in this part, each application for a permit to utilize a waste product for land reclamation shall adhere to the requirements of Part III, B, Subsection 702 of these regulations.

Section 500. Storage

Storage facilities shall be designed and constructed in accordance with Part III, B, Section 900 of these regulations unless the applicant can demonstrate that the proposed storage practices for the waste product will not allow contaminants to leach into the groundwater, contribute to surface runoff, attract vectors, or create nuisance conditions and odors.

7 Del. Admin. Code § 7202-7.0