Section 11-62-43 - Land application of other than exceptional quality wastewater sludge, to agricultural land, forest, public contact site, or reclamation site(a) No person shall apply non-exceptional quality wastewater sludge to land unless the land is agricultural land, forest, a public contact site, or a reclamation site, and all the requirements of this section are met,(b) Pollutant limits. Non-exceptional quality wastewater sludge shall not be land applied if the concentration of any pollutant in the wastewater sludge exceeds the ceiling limits in Appendix D, Table IV dated July 1, 2014, and located at the end of this chapter.(c) Pathogens, The Class A pathogen requirements in section 11-62-46(a) or the Class B pathogen requirements in 40 CFR §503.32(b) shall be met for non-exceptional quality wastewater sludge.(d) Vectors. One of the vector attraction reduction requirements in 40 CFR §503 - 33(b)(1) through (10) shall be met for non-exceptional quality wastewater sludge. (1) The preparer shall meet one of the requirements of 40 CFR § 503.33(b)(1) through (8); or(2) The applier shall meet one of the requirements of 40 CFR § 503.33(b)(9) or (10).(e) Notice. The preparer of the non-exceptional quality wastewater sludge shall inform in writing to the land applier and the owner of the land application site of: (1) The vector attraction reduction requirements of 40 CFR § 503.33(b)(9) and (10), if the preparer did not use or meet any of the requirements of 40 CFR § 503.33(b)(1) through (8);(2) The spacing and site restrictions in subsection (g);(3) The management requirements of subsection (h); and(4) The concentration of total nitrogen (as N on a dry weight basis).(f) Monitoring. Non-exceptional quality wastewater sludge shall be monitored at least as often as required by 40 CFR § 503.16(a). References in §503.16(a) to federal pollutant limit tables are replaced with Appendix D, Table IV dated July 1, 2014, and located at the end of this chapter. To determine compliance with section 11-62-43(c), wastewater sludge shall be monitored not more than sixty days before land application unless otherwise specified by the director. The director may also specify more monitoring, to better protect human health or the environment.(g) Spacing and site restrictions for non-exceptional quality sludge. (1) Horizontal distances. The land application of wastewater sludge shall meet the minimum horizontal limits in Appendix D, Table VI.(2) Vertical separation. The land application of wastewater sludge shall be at least five feet above the seasonal high groundwater table.(3) If the class B pathogen requirements are met, the site restrictions in 40 CFR §503.32(b)(5) shall be met.(h) Management practices. The management practices required by 40 CFR § 503.14(a), (b), (d), (e) (1), and (e) (2) shall be met, and wastewater sludge shall not be applied to the land so that either the sludge or any pollutant from the sludge enters state waters.(i) Recordkeeping, preparers of non-exceptional quality wastewater sludge. (1) The preparer of the wastewater sludge which meets the Class A pathogen requirements in section 11-62-48(a) shall develop and retain for five years information on: (A) The concentration of pollutants listed in Appendix D, Table IV dated July 1, 2014, and located at the end of this chapter; and(B) A description of how the pathogen requirements in section 11-62-48(a) are met.(2) The preparer of wastewater sludge which meets the class B pathogen requirements in 40 CFR §503.32(b) shall develop and retain for five years information on: (A) The concentration of pollutants listed in Appendix D, Table IV dated July 1, 2 014, and located at the end of this chapter;(B) A description of how the pathogen requirements in 40 CFR §503.32(b) are met; and(C) A description of how one of the vector attraction reduction requirements of 40 CFR § 503.33(b)(1) through (8) is met, when one is met.(3) The preparer shall sign and complete certification form, form A entitled Certification Form - Land Application dated July 1, 2014, and located at the end of this chapter, in Appendix E, items 1, 2, and 3, and retain the form for five years; and(4) The preparer shall develop and retain for five years information on the volume of wastewater sludge prepared for land application, names of persons taking wastewater sludge from the facility, the date and time the wastewater sludge was taken, and the amount taken.(j) Recordkeeping, appliers of non-exceptional quality wastewater sludge to the land. (1) The applier shall meet the information requirements of 40 CFR § 503.17(a)(3)(ii)(B) and (C); or §503.17(a)(4)(ii)(B), (C), (D), and (E);(2) The applier shall sign and complete the certification form, form A entitled Certification Form - Land Application, July 1, 2014, and located at the end of this chapter, in Appendix E, items 4, 5, and 6, and retain the form for five years; and(3) The applier shall develop and retain for five years the following information:(A) The location, including street address and tax map key number, of the site on which wastewater sludge is applied;(B) The number of acres in each site on which wastewater sludge is applied;(C) The date and time the wastewater sludge is applied to each site;(D) The amount of wastewater sludge applied to each site; and(k) Reporting. The test results and records required in subsections (f), (i), and (j) shall be kept on site and unless otherwise specified copies shall be submitted to the director on February 19 of each year. (l) Notification to other states. Any person who prepares wastewater sludge that is land applied in another state shall provide written notice, prior to the initial land application, to the permitting authority for the state in which the bulk in which the wastewater sludge is to be applied to the land in accordance with 40 CFR §503.12(i). [Eff and comp 12/09/2004] (Auth: HRS § 342D-4, 342D-5) (Imp: HRS §§ 342D-2, 342D-4, 342D-5, 342D-6, 342D-50; 40 CFR §§503.12, 503.13(b), 503.14, 503.15(a), (c), 503.16(a), 503.17, 503.18, 503.32, 503.33(b) )