Section Env-Wq 809.08 - Additional Testing Required(a) The department shall require additional testing when results of testing conducted by the sludge quality certification holder, site permit holder, or the department show that the requirements in Env-Wq 809.03 have not been met.(b) If additional testing is required under (a), above, the sludge quality certification holder and all site operators who apply the sludge shall cease land application of sludge until the additional testing, performed in accordance with (c), below, demonstrates that the sludge is acceptable for land application according to the standards of Env-Wq 809.03.(c) The following additional testing shall be done in accordance with the analytical procedures specified in Table 809-2:(1) Collect and analyze representative samples of sludge from each stockpile at each site that contains the generator's sludge for the constituent(s) of concern and submit results to the department for review and approval prior to resuming land application;(2) Increase the frequency of testing at the generator's facility for the compound(s) of concern to weekly, and continue the weekly sampling until 4 successive weeks show that the concentration of the constituent(s) of concern meets the standards in Env-Wq 809.03; and(3) After complying with (2), above, resume land application and increase sampling frequency specified in Env-Wq 809.07 to monthly for the constituent(s) of concern for 6 months.(d) Subject to (e), below, the department shall remove a constituent from the requirement to be tested annually if it determines, based on all available information, that the constituent is not present in the sludge and is unlikely to be present in the future.(e) The constituent removed pursuant to (d), above, shall be reinstated to the annual testing regime if: (1) Any source of wastewater that has the potential to discharge the contaminant is connected to the generating facility; or(2) Any source of wastewater that is connected to the generating facility changes it processes such that the contaminant may be discharged.N.H. Code Admin. R. Env-Wq 809.08
Adopted by Volume XXXVI Number 01, Filed January 7, 2016, Proposed by #10998, Effective 1/1/2016, Expires 1/1/2026.