06-096-420 Me. Code R. § 6

Current through 2024-44, October 30, 2024

Section 096-420-6 - Operating Requirements for Septage Land Application Sites

The following operating requirements apply to septage land application sites:

A.Approved Wastes. Only wastes described in this subsection and approved in the license may be applied to a septage land application site:

(1) Septage. Septage as defined in this Chapter may be land applied. The Department may require that septage from non-residential sources be tested for heavy metals, volatile organic compounds, semi-volatile organic compounds, or any other potentially hazardous substances.

(2) Contaminated Grease. Contaminated grease may be applied to a septage land application site, subject to the following conditions:

(a) Sampling and Analysis. Sewage contaminated grease must be sampled and analyzed in accordance with Appendix A. Analysis results must not exceed limits established in Appendix A.

(b) Pathogen and Vector Attraction Reduction. Contaminated grease to be land applied must meet the septage utilization site pathogen reduction and vector attraction reduction requirements in subsection 6(B).

(c) Operating Requirements. The following operating requirements must be followed when contaminated grease is land applied:

(i) Contaminated grease must be either injected into the soil or applied to the land surface and immediately incorporated into a minimum of eight (8) inches of soil by plowing. The plowed area must be re-seeded with a conservation grass seed mixture within twenty-four (24) hours after plowing.

(ii) Contaminated grease may be applied at a rate not to exceed 12,000 gallons per acre per year. Contaminated grease may be co-applied with septage provided that the total volume of contaminated grease and septage does not exceed 12,000 gallons per acre per year.

(3) Grit and Spent Septic System Beds. Grit and spent septic system beds may be applied to a septage land application site, subject to the following conditions:

(a) Alkaline Mixing. Grit or spent septic system beds to be land applied must be thoroughly mixed with alkaline material at a ratio of 7:1 (grit : alkaline material) by weight.

(b) Operating Requirements.

(i) Grit or spent septic system beds must be applied evenly to the land surface at a depth not to exceed three (3) inches and must be immediately incorporated into a minimum of eight (8) inches of soil by plowing. The plowed area must be re-seeded with a conservation grass seed mixture within twenty-four (24) hours after plowing.

(ii) The natural drainage of the soil may not be significantly altered by the disposal of grit or spent septic system beds

(iii) No area of a septage land application site may be used for disposal of grit or spent septic system beds more than once every five years.

(iv) Septage may not be applied to an area of a septage land application site during the year in which grit or spent septic system beds has been applied.

B.Septage Pathogen Reduction and Vector Attraction Reduction. Pathogen reduction and vector attraction reduction is accomplished by different means at septage utilization and non-utilization sites:

(1) Septage Utilization Sites. Septage to be land applied at a septage utilization site must be stabilized with the following pathogen reduction and vector attraction reduction method:

(a) The pH of septage must be raised to a minimum of 12 by adding alkaline material. Alkaline material and septage must be thoroughly blended into a homogeneous mixture.

(b) Without adding more alkaline material, the pH of the mixture must be maintained at a minimum pH of 12 for a period of thirty minutes.

(c) The pH of the mixture must be a least 12 at the time of land application.

(2) Septage Non-utilization Sites. At septage non-utilization sites, pathogen reduction and vector attraction reduction are accomplished by a combination of remote site location and public access restriction. For all septage non-utilization sites, access restriction requirements are presented in subsection 6(K). For vector attraction reduction, a septage non-utilization site must always maintain the required setback distance to dwellings or occupied buildings as set forth in Table 1.

C.Annual Soil Nutrient Sampling and Analysis. A minimum of one composite, representative topsoil sample per eight (8) acres of septage land application area must be collected each year by a Maine Certified Soil Scientist, laboratory technician or other qualified professional. The samples must be analyzed for the following:

(1) pH;

(2) available phosphorus;

(3) available potassium;

(4) available calcium;

(5) available magnesium;

(6) available nitrogen

(7) cation exchange capacity (C.E.C.);

(8) percent C.E.C. saturation with potassium;

(9) percent C.E.C. saturation with calcium;

(10) percent C.E.C. saturation with magnesium; and

(11) percent organic matter

D. Application Rates. Septage may only be land applied if the crops to be grown at the site require additional nitrogen. Septage must be applied at or below the maximum rates specified in this subsection. The applicant must initially determine the amount, in pounds per acre, of nitrogen required for the crop to be grown at the site. A listing of nitrogen requirements for typical crops is presented in Appendix B. Appendix C presents sample calculations for septage application. Septage application rates on various soil drainage classes are presented below:

(1) Well-drained, Moderately well-drained, and Somewhat poorly-drained soils. Septage may be applied at a rate not to exceed 380 gallons of septage per pound of nitrogen required per acre per year for the crop to be grown at the site.

(2) Excessively-drained, and somewhat excessively-drained and poorly-drained soils. Septage may be applied at a rate not to exceed 190 gallons of septage per pound of nitrogen required per acre per year for the crop to be grown at the site.

(3) Other Nutrient Amendments. If any other nitrogen-containing materials are to be mixed with septage, the entire mixture is considered septage and must be handled in accordance with this Chapter.

E. Timing of Septage Application

(1) Utilization Sites. Septage must be land applied at times when nitrogen application is recommended for the crop to be grown.

(2) Non-utilization Sites. In general, septage must be land applied at times when nitrogen application is recommended for the crop to be grown. If the applicant proposes to apply septage at times other than typically recommended, then the applicant must provide specific site management strategies to address septage land application to avoid nitrogen contamination and nuisance odor conditions.

F.Septage Screening at Septage Utilization Sites. Prior to land application at a septage utilization site, septage must be screened to remove foreign objects. Screen openings may not exceed 0.5 inches in size. Screenings must be adequately de-watered, mixed with sufficient lime to reduce odors and disposed at a licensed solid waste disposal facility.

G. Vegetation Control and Harvesting. Vegetation at sites must be maintained according to the following criteria:

(1) Crop Harvesting

(a) Septage Utilization Site. Crops at a septage utilization site must be harvested in accordance with standard agricultural or silvicultural practices.

(b) Septage Non-utilization Site. Vegetation grown at a septage non-utilization site must not be allowed to exceed twelve (12) inches in height and must be cut a minimum of three times per year, unless the site is forested, in which case the area shall be adequately thinned of underbrush to allow proper septage application and trees shall be harvested in accordance with standard silvicultural practices.

(2) Solids Build-Up. If solids buildup occurs at the site such that vegetative growth is impaired, the site must be harrowed to incorporate the solids into the soil and the disturbed area must be re-seeded immediately. No septage may be applied to the disturbed area until a full, healthy, vegetative cover is re-established.

H.Seasonal On-Site Conditions. Septage may not be applied to a site immediately prior to or during heavy rainfall, or when the soil is unvegetated, frozen, snow-covered or water-saturated. The water table at all land application sites may not be less than fifteen (15) inches below the ground surface at the time of septage land application if septage is surface applied. If septage is injected or incorporated, a minimum of fifteen (15) inches separation must be maintained between the water table surface and the lower limit of incorporation or injection.

I.Buffer Zones. All buffer areas between a site boundary and a surface water must be inspected at the beginning of the spreading season and at least monthly during the spreading season. All eroded areas must be immediately seeded and mulched. All areas which show evidence of channelized flow must be repaired and re-contoured to create unchannelized flow or sheet flow in the area to allow even distribution of runoff.

J.Site Use Restrictions

(1) Septage Utilization Sites. Septage utilization site use is restricted as follows:

(a) Food Crops. Food crops may not be harvested for a minimum of thirty eight (38) months after the last application of septage.

(b) Feed and Fiber Crops. Feed and fiber crops may not be harvested from the land for a minimum of thirty (30) days after the last application of septage.

(c) Grazing. Domestic animals must not be allowed to graze on the site for a minimum of thirty (30) days after the last application of septage.

(d) Turf. Commercial turf grown on a site must not be harvested for a minimum of one year after the last application of septage.

(e) Topsoil. Topsoil may not be mined from a site for a minimum of one year after the last application of septage.

(f) Other. If the crop grown on a septage utilization site is not grown as a feed or fiber crop, then the crop must be harvested annually and composted or disposed at a licensed solid waste facility, unless the site is forested, in which case, trees may not be harvested for a minimum of thirty (30) days after the last application of septage.

(2) Septage Non-utilization Sites. Food, feed and fibber crops, and commercial turf may not be grown at; topsoil may not be mined from; and trees may not be harvested from a septage non-utilization site during the license period or for thirty eight (38) months after license expiration. Vegetation, other than trees, at a septage non-utilization site must be harvested a minimum of three times annually and composted or disposed at a licensed solid waste disposal facility.

K. Public Access Restriction.

(1) Septage Utilization Sites. Public access to a septage utilization site must be restricted during active use by posting legible signs at all vehicle access points. Signs must be worded such that public access is prohibited. Lettering on signs must be a minimum of two (2) inches in height. The top of the signs must be between four (4) feet and eight (8) feet above the ground surface.

(2) Septage Non-utilization Sites. Public access to a septage non-utilization site must be restricted for the duration of the license by providing the following:

(a) Fence. A fence must be installed a minimum of fifteen (15) feet beyond the site boundary. The fence must be of sufficient construction to delineate the restricted area.

(b) Locked Gates. Lockable gates must be installed at all vehicular access points and kept locked when the site is not being actively used for septage land application.

(c) Signs.Legible signs must be posted at all vehicle access points and every 100 feet along the site boundary or fenceline. Signs must read as follows: "Notice - Septage Land Application Area - Keep Out" or similar wording. Lettering on signs must be a minimum of two (2) inches in height. The top of the signs must be between four (4) feet and eight (8) feet above the ground surface.

L.Traffic. The facility must average less than ten (10) vehicle trips per hour to and from the facility in any eight hour period unless otherwise approved by the Department.

M.Hours of Operation. Land application of septage may only occur between the hours of 6:00 AM and 7:00 PM, prevailing time.

N.Dust Control. The site operator must control any fugitive dust from the facility which may impact off-site receptors.

O.Suspension of Land Application Site Use. Application of septage to a site must be suspended when:

(1) The pH of the soil exceeds 7.5 pH units;

(2) The calcium saturation of the soil exceeds eighty (80) percent of the soil cation exchange capacity (C.E.C.);

(3) The magnesium saturation of the soil exceeds forty (40) percent of the soil cation exchange capacity (C.E.C.); or

(4) The potassium saturation of the soil exceeds seven (7) percent of the soil cation exchange capacity (C.E.C.)

P.Operating Plan. All sites must meet the requirements of this section and be operated in conformance with a Department-approved operating plan. The operating plan must include all information that would enable supervisory personnel, operating personnel, and persons evaluating the operation of the facility, to determine what sequence of operation, plans, diagrams, policies, procedures and legal requirements must be followed for orderly and successful operation on a daily and yearly basis. The plan must address all items contained in this Section. This plan must be updated as necessary to address operational changes.

06-096 C.M.R. ch. 420, § 6